Japan's civil justice system is undergoing a significant transformation, embracing a comprehensive shift towards digitalization. Driven by amendments to its Code of Civil Procedure, this "IT revolution" aims to modernize court processes, enhance efficiency, and improve access to justice. For international businesses and legal professionals interacting with the Japanese legal system, understanding these changes is crucial for effective navigation of disputes and legal proceedings.

The Legal Backbone: The 2022 Amendments

The primary legislative force behind this digital overhaul is the "Act for Partial Amendment of the Code of Civil Procedure" (Act No. 48 of 2022), which was enacted in May 2022. This landmark legislation lays the groundwork for a phased rollout of various IT initiatives, fundamentally altering how civil cases are filed, managed, and heard in Japanese courts. The overarching goals are often summarized as achieving the "3 Es": e-Filing, e-Court, and e-Case Management.

The implementation of these changes is not instantaneous but is being introduced in stages, with full digitalization of many aspects, including e-filing, targeted for completion by fiscal year 2025 (ending March 2026). Some measures, such as expanded use of web conferencing for certain procedures and measures for concealing sensitive party information (like addresses in DV cases), have already come into effect starting from 2023 and 2024.

Key Pillars of the IT Revolution

The move towards a digital civil justice system in Japan rests on several key pillars, each designed to streamline different aspects of litigation.

1. E-Filing: Online Submission of Court Documents

Perhaps one of the most impactful changes is the introduction and expansion of e-filing capabilities. This allows for the electronic submission of a wide range of court documents, including:

• Complaints: Initiating a lawsuit can now be done online.
• Briefs and Preparatory Documents: Subsequent written arguments and supporting documents can be filed digitally.
• Evidence: Certain forms of evidence can also be submitted through the electronic system.

Japan's e-filing system, often referred to as "mints" (Civil Case Document e-Submission System), is central to this. While the use of online procedures remains optional for individual litigants to avoid creating technological barriers and ensure access to justice, legal representatives (attorneys) are, in principle, obliged to use e-submission methods. This mandatory adoption by legal professionals is a key driver for the system's widespread implementation.

The transition to e-filing aims to reduce the reliance on paper, expedite the filing process, and make it more convenient for parties, especially those not located near the competent court. When documents are filed electronically, they are considered submitted when their data is recorded on the court's system. For filings that require a fee, the system is also expected to integrate online payment methods.

2. E-Court: Online Hearings and Proceedings

The 2022 amendments significantly broaden the scope for conducting court proceedings online, moving beyond earlier, more limited applications of remote participation.

• Oral Arguments (口頭弁論 - Kōtō Benron): A significant development is the ability for parties to participate in oral arguments via web conferencing. This was set to be implemented by May 2024 (or March 2024 according to some sources, for certain courts). The court's approval is necessary, and it will consider if such participation is appropriate for the specific case. This is a major step, as oral arguments are a cornerstone of Japanese civil litigation.
• Preparatory Proceedings (弁論準備手続 - Benron Junbi Tetsuzuki): The reforms allow for preparatory proceedings to be conducted entirely online, with both parties participating via web or phone conferencing. Previously, if one party joined remotely, the other often had to be physically present in court. This change, which came into effect around March 2023, enhances flexibility in managing the pre-trial phase, where issues are clarified and evidence is organized.
• Witness Examinations (証人尋問 - Shōnin Jinmon): The requirements for conducting witness examinations online have also been relaxed. Web conferencing can be used for witness testimony if the witness's location, age, health, or other circumstances make court attendance difficult, or if appearing in person might cause undue stress (e.g., due to the nature of the case or relationship with parties involved). Parties can also consent to online witness examination.
• Settlement and Conciliation (和解・調停 - Wakai/Chōtei): The digitalization extends to dispute resolution mechanisms. For instance, in certain family law cases like divorce (人事訴訟 - Jinji Soshō), it's becoming possible to finalize settlements or conciliations via web conference without the need for physical court appearances by both parties. This aspect is slated for implementation by May 2025 (or within 1 year and 6 months of a政令 (seirei - cabinet order) to be issued for family court litigation oral arguments, pushing it possibly to September 2025).

The "e-Court" initiatives aim to reduce the time and expense associated with physical court appearances, making the justice system more accessible, particularly for those in remote locations or facing mobility challenges.

3. E-Case Management: Digital Case Records

A fundamental aspect of the IT revolution is the shift from paper-based to electronic case records.

• Electronic Creation and Storage: Court documents, including judgments, orders, and case records prepared by the court, are increasingly being created and stored as electronic data. Documents submitted by parties, even if initially in paper form, are generally converted into electronic format and stored in the court's case management system.
• Online Access and Copying: Parties involved in a case, and in some instances third parties with a legitimate interest (subject to rules ensuring privacy and security), can access these electronic case records online. This includes the ability to view and download documents, significantly simplifying the process of obtaining case information compared to the traditional method of visiting the court clerk's office. This feature is expected to be more broadly available by May 2026.

This move towards e-case management enhances transparency and allows for more efficient record-keeping and retrieval. It also contributes to the overall goal of a paperless or "less-paper" judicial system.

4. E-Service: Electronic Service of Documents

The reforms also introduce provisions for the electronic service of documents (電子送達 - Denshi Sōtatsu) from the court to the parties.

If a service recipient consents in advance (typically by providing an email address or registering with the court's system), documents can be served electronically. The service is generally deemed effective when the recipient views or downloads the electronic record, or after one week has passed since the notification of its availability was dispatched (under the new Civil Procedure Code Article 109-3). As with e-filing, legal representatives are generally obligated to accept e-service.

This modernization of the service process aims to speed up the delivery of court documents and reduce the reliance on postal mail.

Phased Implementation and Timeline

The transition to a fully digital civil procedure system is a multi-year endeavor with a phased rollout:

• February 2023: Implementation of new rules regarding the concealment of party information (e.g., addresses, names) in sensitive cases like those involving DV or crime victims.
• March 2023: Expansion of web/phone conferencing for preparatory proceedings and settlement conferences, allowing both parties to participate remotely.
• By May 2024 / March 2024 (for specific procedures/courts): Web conferencing for oral arguments in civil litigation began to be implemented. The exact timing can vary, with some sources indicating March 1, 2024, for general civil cases and a later date (e.g., by September 2025) for certain family law oral arguments.
• By May 2025: Implementation of web conferencing for finalizing divorces/separations in family law proceedings (人事訴訟・家事調停).
• By May 2026 (Fiscal Year 2025): The goal is for the full-scale operation of e-filing for complaints and other documents, and online access to digital case records. Some sources indicate a target of March 2026. The digitalization of other procedures might extend further, potentially up to 2028 for some.

It's important to note that specific effective dates for various components are determined by subsequent cabinet orders (政令 - seirei) and Supreme Court rules, so the timeline can have nuances.

Implications and Considerations for Businesses

These sweeping changes in Japanese civil procedure carry significant implications for businesses, both domestic and international, that may become involved in litigation in Japan.

Benefits:

• Increased Efficiency and Speed: Digital processes generally lead to faster turnaround times for filing documents, serving notices, and accessing case information. This can contribute to a more expeditious resolution of disputes.
• Cost Savings: Reduced reliance on paper, printing, postage, and travel for court appearances can lead to considerable cost savings for litigants.
• Enhanced Accessibility: For international businesses or those with legal teams located far from the relevant Japanese court, the ability to file documents and participate in hearings remotely is a major advantage. It lowers the barrier to engaging with the Japanese justice system.
• Improved Case Management: Centralized digital access to case records can make it easier for legal teams to manage their litigation portfolios and collaborate effectively.
• Environmental Benefits: A reduction in paper usage aligns with broader sustainability goals.

Potential Challenges and Considerations:

• Adaptation to New Systems: Legal teams and their clients will need to familiarize themselves with the new online platforms and procedures. This may require training and investment in compatible technology.
• Cybersecurity and Data Protection: As court processes move online, ensuring the security and integrity of sensitive case data becomes paramount. Businesses will want assurances regarding the robustness of the court's IT infrastructure.
• Digital Divide and Access: While the system aims to be inclusive, there may be concerns about ensuring access for individuals or smaller entities with limited digital literacy or resources. However, the option for paper-based procedures for non-represented parties is intended to mitigate this.
• Language Barriers: While the core reforms focus on procedure, international businesses will still need to consider how language barriers might manifest in digital interfaces or during online interactions, although official court proceedings will remain in Japanese.
• Reliability of Local Counsel's IT Capabilities: Foreign businesses relying on Japanese legal counsel will need to ensure their chosen firms are fully equipped and proficient in using the new digital systems, especially given the mandatory e-submission for lawyers.
• Transitional Issues: As with any large-scale IT implementation, there may be initial teething problems or adjustments required as the system beds down.

Strategic Adjustments:

• Review Litigation Protocols: Businesses should review their internal protocols for handling litigation in Japan to account for these new digital procedures.
• Due Diligence on Local Counsel: When engaging Japanese lawyers, their familiarity and preparedness for the digitalized court system should be a factor in selection.
• Embrace Digital Tools: Businesses and their legal teams should proactively embrace digital tools for document management and communication to align with the courts' direction.

The Future is Digital

The IT revolution in Japanese civil procedure marks a decisive step towards a more modern, efficient, and accessible justice system. While the transition involves a learning curve and potential challenges, the long-term benefits for litigants, including international businesses, are expected to be substantial. Staying informed about the ongoing implementation and adapting litigation strategies accordingly will be key to successfully navigating this new digital landscape of Japanese civil justice.