An authenticated copy, a transcript or an extract of a case record shall contain a statement to the effect that it is an authenticated copy, a transcript or an extract, and the court clerk shall affix his/her name and seal thereto.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Any person may inspect the case records after conclusion of the case; provided, however, that this shall not apply when such inspection interferes with the preservation of the case records or the business of the court or the public prosecutors office.〔【出典】日本法令外国語訳データベースシステム 〕
1 何人も、裁判所書記官に対し、訴訟記録の閲覧を請求することができる。
(1) Any person may make a request to a court clerk for the inspection of a case record.〔【出典】日本法令外国語訳データベースシステム 〕
(1) When the public prosecutor has inserted added entries in the original of the judgment pursuant to the provisions of Article 14 of the Pardon Act, he/she shall, if the case record remains in another public prosecutors office, notify a public prosecutor of such office to that effect.〔【出典】日本法令外国語訳データベースシステム 〕
(1) A person(s) who has filed a motion requesting a protective order or to whom a protective order is issued may file a motion with the court where the record of a case is maintained (or, in the case of no such court maintaining the record of a case(s), the court issuing the protective order), requesting the rescission of the protective order on the ground that the requirements as provided in the previous Article paragraph (1) are not met or are no longer met.〔【出典】日本法令外国語訳データベースシステム 〕
(1) A person(s) who has filed a motion requesting a protective order or to whom a protective order is issued may file a motion with the court where the record of a case(s) is maintained (or, in the case of no such court maintaining the record of a case(s), the court issuing the protective order), requesting the rescission of the protective order on the ground that the requirements as provided in Article 105-4(1) are not met or are no longer met.〔【出典】日本法令外国語訳データベースシステム 〕
(1) The person who petitioned for a protective order and any person against whom such protective order was issued may each petition the court with whom the case record resides (or if there is no court with whom the case record resides, then the court which issued the protective order) to rescind the protective order for reason that any of the requirements provided for in the preceding Article, paragraph (1) is lacking or has become lacking.〔【出典】日本法令外国語訳データベースシステム 〕
(1) Where an appeal set forth in Article 327(1) is filed, a final appeal or a petition for acceptance of final appeal is filed against a judgment with a declaration of provisional execution, or an appeal to the court of second instance is filed against a judgment with a declaration of provisional execution, if the case record is stored at the court of prior instance, that court shall make a judicial decision on the petition prescribed in paragraph (1) of the preceding Article.〔【出典】日本法令外国語訳データベースシステム 〕
(2) With regard to a case for which an appeal has been filed but for which the case record has not yet arrived at the appellate court, the provisions of the preceding paragraph shall also apply to cases where the period of detention should be extended, where the detention should be rescinded, where the execution of bail or detention should be suspended, or where such suspension should be rescinded.〔【出典】日本法令外国語訳データベースシステム 〕
(2) With respect to a case where the appeal has been instituted but the case records have not arrived at the appellate court, the court to make the rulings in the preceding paragraph shall be as provided by the Rules of Court.〔【出典】日本法令外国語訳データベースシステム 〕
(2) With regard to the case record pertaining to the oral argument that is prohibited from being open to the public, only the parties and a third party who has made a prima facie showing of his/her interest may make a request under the provision of the preceding paragraph.〔【出典】日本法令外国語訳データベースシステム 〕
2 前項の決定においては、訴訟記録中の秘密記載部分を特定しなければならない。
(2) A secret part of the case record shall be specified in the order set forth in the preceding paragraph.〔【出典】日本法令外国語訳データベースシステム 〕
(2) A case shall be sent under the provision of the preceding paragraph by the method whereby a court clerk of the court of prior instance forwards the case record to a court clerk of the final appellate court.〔【出典】日本法令外国語訳データベースシステム 〕
2 前項の通知書は、これを訴訟記録に添付しなければならない。
(2) The notice set forth in the preceding paragraph shall be attached to the case record.〔【出典】日本法令外国語訳データベースシステム 〕
(2) Notwithstanding the preceding paragraph, only persons concerned in the case or a person who has justifiable reason and has been specially granted permission by the custodian may inspect the case records in which a prohibition has been imposed on the oral arguments being made open to the public or on the case records being inspected owing to the inappropriateness of inspection by the public.〔【出典】日本法令外国語訳データベースシステム 〕
2 抗告裁判所は、訴訟記録及び証拠物の送付を求めることができる。
(2) The court in charge of an appeal against an order may request that the case record and articles of evidence be sent thereto.〔【出典】日本法令外国語訳データベースシステム 〕
(2) When a notice of an order or direction has been given, a court clerk shall clarify to that effect and the method of the notice in the case record.〔【出典】日本法令外国語訳データベースシステム 〕
(2) A court clerk shall, when he/she has made a requisition or has given a notice, clarify to that effect and as to the method of the requisition or the notice in the case record.〔【出典】日本法令外国語訳データベースシステム 〕
(2) A court clerk shall attach the stenographic record prepared pursuant to the provision of the preceding paragraph to the case record and notify the parties and any other persons concerned to that effect.〔【出典】日本法令外国語訳データベースシステム 〕
(2) The court stenographer shall attach the stenographic record set forth in the preceding paragraph to the case record, shall clarify such fact in the case record, and shall notify the persons concerned in the case to that effect.〔【出典】日本法令外国語訳データベースシステム 〕
(2) If the presiding judge or an associate judge has, outside the date for oral argument, taken a measure set forth in the preceding paragraph with regard to a matter which could cause a material change to a party's allegations or evidence, a court clerk shall clarify the contents thereof in the case record.〔【出典】日本法令外国語訳データベースシステム 〕
(2) When withdrawing an appeal prior to sending the case record to the appellate court, a written motion to withdraw appeal may be submitted to the court of prior instance.〔【出典】日本法令外国語訳データベースシステム 〕
(3) A court clerk of the final appellate court shall, when having received the case record forwarded under the provision of the preceding paragraph, promptly notify the parties to that effect.〔【出典】日本法令外国語訳データベースシステム 〕
(3) The stenographic record attached to the case record pursuant to the provision of the preceding paragraph shall be treated in lieu of the stenographic notes that were made part of the record of oral argument pursuant to the provision of the preceding Article.〔【出典】日本法令外国語訳データベースシステム 〕
(3) A stenographic record attached to the case record pursuant to the provisions of the preceding paragraph shall substitute for the stenographic notes that are deemed to constitute a part of the trial record.〔【出典】日本法令外国語訳データベースシステム 〕
(3) The recording medium on which the examination, the testimony and the circumstances of the witness are recorded in accordance with the preceding paragraph shall be attached to the case records as part of the trial records.〔【出典】日本法令外国語訳データベースシステム 〕
(3) The parties and a third party who has made a prima facie showing of his/her interest may make a request to a court clerk for the copying of the case record, issuance of an authenticated copy, transcript or extract of the case record or issuance of a certificate of matters concerning the suit.〔【出典】日本法令外国語訳データベースシステム 〕
(3) A third party who intends to make a request for inspection, etc. of the secret part may file a petition, to the court where the case record is stored, for revocation of the order set forth in paragraph (1), on the grounds that any of the requirements prescribed in said paragraph is not met or is no longer met.〔【出典】日本法令外国語訳データベースシステム 〕
(4) When the appellate court receives the case record for a case in which the accused is under detention, it shall immediately notify the court of original instance to that effect.〔【出典】日本法令外国語訳データベースシステム 〕
(4) The provision of the preceding paragraph shall not apply with respect to case records which are prepared in the form of audiotapes or videotapes (including objects on which certain matters are recorded by any means equivalent thereto). In this case, upon the request of a party or a third party who has made a prima facie showing of his/her interest with regard to these objects, a court clerk shall permit reproduction thereof.〔【出典】日本法令外国語訳データベースシステム 〕
4 訴訟記録の保管及びその閲覧の手数料については、別に法律でこれを定める。
(4) Matters concerning the preservation of the case records and the fees for inspection of the case records shall be provided by other acts.〔【出典】日本法令外国語訳データベースシステム 〕
(5) There shall be no requirement to give a notice under the provisions of these Rules (excluding a notice under paragraph (2) of Article 46 [Method of Service by Publication]), when the location of the person who is to receive the notice is unknown or when such person is located in a foreign state. In this case, a court clerk shall clarify the grounds therefor in the case record.〔【出典】日本法令外国語訳データベースシステム 〕
(5) The provisions of paragraph (1), paragraph (2) and paragraph (5) of Article 4 (Requisition and Notice) shall apply mutatis mutandis to the notice prescribed in the preceding paragraph. In this case, the term "court clerk" in paragraph (2) and paragraph (5) of said Article shall be deemed to be replaced with "court execution officer," and the phrase "in the case record" in said paragraphs shall be deemed to be replaced with "in the report."〔【出典】日本法令外国語訳データベースシステム 〕
(5) A request for inspection, copying and reproduction of a case record may not be made if these acts would be detrimental to the preservation of the case record or the performance of the court's duties.〔【出典】日本法令外国語訳データベースシステム 〕
(6) Where the Commissioner of the Patent Office receives the notice as provided in the preceding paragraph, the Commissioner of the Patent Office may request the court to deliver copies of any record of the court proceedings which the trial examiner considers necessary for the trial.〔【出典】日本法令外国語訳データベースシステム 〕
(6) Where the Commissioner of the Patent Office receives the notice as provided in the preceding paragraph, the Commissioner of the Patent Office may request the court to deliver copies of any record of the said action which the trial examiner considers necessary for the trial.〔【出典】日本法令外国語訳データベースシステム 〕
Facts which can be proven by evidence whose examination could not be requested before oral arguments were concluded due to unavoidable circumstances, and which are sufficient to show that there are grounds for an appeal to the court of second instance as set forth in the provisions of the two preceding articles may be cited in the statement of the reasons for appeal even if such facts do not appear in the case records or are based on evidence not examined by the court of first instance.〔【出典】日本法令外国語訳データベースシステム 〕
(i) In the case record, a material secret regarding the private life of a party is stated or recorded, and the inspection, etc. of the secret part conducted by any third party would be substantially detrimental to the party concerned in his/her social life.〔【出典】日本法令外国語訳データベースシステム 〕
Except in cases where a motion for a final appeal has obviously been filed after the expiration of the right to final appeal, the court of prior instance shall, promptly after the passage of the period for raising an objection as to the accuracy of the contents of the trial record, send the case record to the final appellate court.〔【出典】日本法令外国語訳データベースシステム 〕
When filing a final appeal, in addition to the expenses necessary for serving a petition for a final appeal, an estimated amount of the expenses necessary for serving a written notice of the filing of a final appeal, a statement of reasons for a final appeal and a written judgment and for giving a notice to the effect that the final appellate court has received the forwarded case record shall be prepaid.〔【出典】日本法令外国語訳データベースシステム 〕
When an appeal to the court of second instance has been made on the grounds that there was an error in the finding of facts and it is clear that that error has affected the judgment, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show that there is an error which would clearly affect the judgment shall be cited in the statement of the reasons for appeal.〔【出典】日本法令外国語訳データベースシステム 〕
(ii) In the case record, a trade secret (meaning a trade secret prescribed in Article 2(6) of the Unfair Competition Prevention Act; the same shall apply in Article 132-2(1)(iii) or (2)) held by a party is stated or recorded.〔【出典】日本法令外国語訳データベースシステム 〕
When an appeal to the court of second instance has been made on the grounds that a sentence is unreasonable, facts which appear in the case records and evidence examined by the court of first instance which are sufficient to show that the sentence is unreasonable shall be cited in the statement of the reasons for appeal.〔【出典】日本法令外国語訳データベースシステム 〕
刑事確定訴訟記録法
Finalized Criminal Suit Document Act〔日本法〕
原裁判所は、必要と認めるときは、訴訟記録及び証拠物を抗告裁判所に送付しなければならない。
When the court of prior instance finds it to be necessary, it shall send the case record and articles of evidence to the court in charge of an appeal against an order.〔【出典】日本法令外国語訳データベースシステム 〕
When a judgment to remand or transfer has been issued, a court clerk of the final appellate court shall forward the case record to a court clerk of the court to which the case was remanded or transferred.〔【出典】日本法令外国語訳データベースシステム 〕
控訴の取下げは、訴訟記録の存する裁判所にしなければならない。
When withdrawing an appeal to court of second instance, it shall be withdrawn from the court where the case record exists.〔【出典】日本法令外国語訳データベースシステム 〕
When an appeal to court of second instance has been filed, except in cases where the court of first instance has issued an order to dismiss said appeal without prejudice, a court clerk of the court of first instance shall forward the case record to a court clerk of the court of second instance without delay.〔【出典】日本法令外国語訳データベースシステム 〕
Except in cases where a motion for appeal to the court of second instance has obviously been filed after the right to appeal to the court of second instance has expired, the court of first instance shall, promptly after the passage of the time limit for raising an objection as to the accuracy of the contents of the trial record, send the case record and articles of evidence to the court of second instance.〔【出典】日本法令外国語訳データベースシステム 〕
A right to file an appeal to court of second instance shall be waived by making a statement to the court of first instance if it is before the filing of an appeal to court of second instance, and to the court where the case record exists if it is after the filing of an appeal to court of second instance.〔【出典】日本法令外国語訳データベースシステム 〕
When a suit has concluded in the second instance, a court clerk of the court of second instance shall forward the case record to a court clerk of the court of the first instance.〔【出典】日本法令外国語訳データベースシステム 〕