Newsletter
DRAFT STATUTE ALLOWS PAR-TIES TO CHOOSE JUDGES
The Judicial Yuan has now finalized its draft Provisional Statute on the Consensual Choice of Judges in Civil Litigation. If successfully passed into law, the statute will undoubtedly mark an-other major reform in the ROC's civil litigation system.
According to the draft, when a suit is filed, and before the date set for oral arguments or a pre-paratory hearing, parties to civil litigation will be able to nominate, by mutual consent, a judge to hear the first-instance proceedings. But once a judge so selected delivers a judgment in the case, the parties lose the right to appeal the judgment. The statute is aimed to reduce the number of appeals and to save judicial resources.
To avoid unfair judgments, the draft provides a mechanism for judges to excuse themselves from proceedings. If either party becomes aware of grounds for excusing the selected judge, the parties are no longer bound by their choice and can select another judge to hear the case. To meet the needs of more complex cases, and of cases that are required by law to be heard by a panel of judges, the draft allows for parties in such cases to agree on a selection of three judges to hear the case together.
The statute is intended to come into force for a trial period of three years. To date there are few examples of similar legislation in other countries, so it remains to be seen how effective the statute will be in practice.