CODE OF CIVIL PROCEDURE AMENDMENT

03/01/1999

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An amendment to several provisions of the Code of Civil Procedure was promulgated by the President on 3 February 1999. Major points of the amendment are outlined below:

The scope of compulsory conciliation cases is expanded

1.For any property dispute valued at less than NT$100,000, conciliation proceedings should be carried out by a court before an action is instituted.

2.Compulsory conciliation proceedings are required for the following kinds of disputes, regardless of their value: real estate co-ownership, adjacencies, boundaries, rental fees, superficies, traffic accidents, medical disputes, partnership relations, and property disputes among close relatives.

The applicability of consensual conciliation is expanded, with partial court fee refunds

1.Cases under action in a court of first instance may be turned over for conciliation proceedings by mutual consent of the parties. If conciliation is successful, the plaintiff may, within 30 days of the date of successful conclusion of the conciliation, apply for a refund of one-half of the court costs already paid.

The scope of cases subject to summary procedure is expanded from cases valued at not more than NT$300,000 to NT$500,000.

Small claims procedure is added

1.Small claims procedure should be used in suits valued at less than NT$100,000, or, where consented to by the parties, up to NT$500,000.

2.In small claims procedure, a standardized complaint form may be used. The procedure may be carried during nighttime hours, or on Sundays or other holidays. Evidence investigation procedures may be bypassed, and the written ruling may simply state the decision without specifying the grounds.

The threshold for property rights cases in which a second appeal may be instituted is raised from NT$300,000 to NT$600,000.