Tokyo Barrister: Start the law firm bankruptcy
Chapter 157 Sudden change
Chapter 157 Sudden change
What's more...replace the chief referee? !
Miyagawa opened his mouth slightly when he heard the news.Less than 10 minutes before the court session, such a news came crashing down.At this moment, Miyagawa suddenly remembered that before the mediation meeting that day, he asked Kyoko if Judge Takasugi would come to the mediation scene.At that time, Kyoko had a subtle expression on her face.Thinking about it now, Kyoko must have known that Judge Takasugi was unable to hear the case due to health reasons.
However, the judge in his favor was replaced, so who would be the new judge?
Miyagawa squeezed the pen slightly, stared at the court clerk, and began to get a little nervous.
Kitahara, who was next to her, also watched this scene with great interest. The sudden change of judge before the trial was a good test for Miyagawa, and it could further exercise her on-the-spot reaction ability.
The courtroom was very quiet, only the sound of Kyoko flipping through the materials could be heard.
This sudden change indicates that some unexpected change is taking place.
Just as a butterfly flaps its wings a few times, it can trigger a tornado on the coastline a few weeks later.Many things in this world are often like a butterfly effect. Some very small changes are enough to cause consequences that no one can imagine in the future.
Everyone sitting in the court at this time - Miyagawa, Kitahara, Gu Meimen, and Machiko, none of them expected that this lawsuit over the right of way in the neighboring land would set off an unprecedented storm in the end. The four people present were involved in an extremely huge vortex.And such a drastic change began at the very beginning, with this small act of changing judges.
Kyoko lowered her head, looked at the latest case information form in her hand, and read, "The newly replaced referee is Judge Eda Qingyan."
Judge Eda?Miyagawa frowned slightly when he heard the name.This name seems to have been heard somewhere.where is itIt was like being in the dark, constantly groping for the light switch on the wall, knowing it was there, but still unable to touch it.
Suddenly, as if the lights were turned on, Miyagawa suddenly remembered who the judge was.
It's the same judge who Gao Jing sued the owner of Aoba Terrace for land trespass!It was Judge Eda who dismissed Takai's lawsuit by citing the so-called "cumulative infringement" reason, arguing that a single trampling on the grass of the stadium was not enough to cause all the damage!It's that judge Jiang Tian who made complaints about himself, was too dogmatic, and followed the theory too rigidly!
It's... bad.
If Judge Jiang Tian brought into this case the prejudice he had formed in that case against the Green Field, then... that would be too detrimental to this case.
Thinking of this consequence, Miyagawa's eyes widened a bit,
Machiko was in the dock, and when she heard the news, the corners of her mouth curled up slightly.She had also studied the judge in the case before.The original judge, Akiko Takasugi, was an overly empathetic judge.The venue under consideration in this case was a training ground for a goalkeeper team for the deaf.A judge like Takasugi will definitely lean towards the defendant's court.
And now, unexpectedly...it was actually replaced by Judge Jiang Tian.
Machiko knew that Judge Eda had heard the previous land infringement dispute between Takai and Aobadai apartment owners, and he directly dismissed Takai's lawsuit.
It is very appropriate to have such a judge who is not easily influenced by sympathy as the sole trial judge of this case.This is the god of luck, taking care of himself in the dark.
"Dai, if you lose all of this, you should quickly commit suicide and apologize." Gu Meimen, who was next to her, heard that the presiding judge had been replaced, she raised Erlang's legs more comfortably, and leaned against the back of the chair.The whole sitting posture is very arrogant, as if the court has turned into a beach at this moment, and he seems to be sunbathing.
Kyoko then raised her head and said, "This case is subject to summary procedure. Therefore, Judge Jiang Tian will hear it alone, and no collegial panel will be formed to discuss the case."
【Simple program】
[The so-called summary procedure means that the court can use the summary procedure to hear civil cases with relatively clear facts, clear rights and obligations, and little controversy.Different from the ordinary procedure, in the summary procedure, more formal procedures will be omitted, and the court investigation and court debate will no longer be clearly distinguished.Judges can even directly summarize the focus of disputes and guide both parties to directly present evidence, cross-examine evidence, and court debate.In summary procedure, judges have more procedural discretion. 】
Miyagawa felt even worse inside.Hearing alone means that the outcome of this case will depend entirely on Judge Jiang Tian's personal thoughts.
No other judge can check Eda's decision.
At this moment, the indicator light on the secret door on the left side of the court turned from red to bright again, "click, click, click", a burst of powerful footsteps came, a man in his 30s wearing a black robe came from behind the secret door. walked out.The man's face was well-defined and his expression was resolute. This resoluteness was wonderfully mixed with the bookish air on his body, forming the demeanor of an ancient Confucian general.
Judge Eda Qingyan.He graduated from Hosei University in Tokyo. After completing his undergraduate degree, he entered the research laboratory and became a monk under the specialization of civil law, and then continued to study for a doctorate.During his doctoral study, he participated in a number of legal research projects conducted by the Tokyo High Court and the Supreme Court, and many of his research reports received the attention of the judiciary.After graduation, Eda passed the civil service examination and worked in the Shinjuku District Magistrates Court. He is a high-profile young judge in the judiciary.
After Judge Jiang Tian entered the trial court, he sat on the high chair in the middle, looked at the people present, and said to Kyoko at the clerk's desk: "After checking the identities of the people present, we can prepare for the trial."
Court discipline is not required to be read.
When the chief referee is not required to enter the court, all stand up.
All procedures simplified.
This is the simplified procedure.
The clerk in the courtroom began to check the lawyer's certificates of the people present in court one by one.
After checking the identity, Judge Jiang Tian said: "Before the trial, the litigant rights of the relevant parties have been informed in writing. Since this case applies the summary procedure, this court only informs the parties that they have the right to apply for the judge's withdrawal. Other rights, No more formal readings will be made. According to the Civil Procedure Law, if the parties believe that the judge has an interest in the trial, or has other relationships that may affect the fair trial, he may apply for recusal. Are both parties applying for recusal now?"
The word "avoid" hit Miyagawa's ears.
An idea emerged in Miyagawa's mind.
Do you want to try to apply for the judge's recusal?
Judge Eda had previously tried the dispute between Takai and the owner of the Aobadai apartment.If he had brought in the prejudice formed in the previous case, then the case of the dispute over the right of way in the neighboring land would basically be out of the question.
If Judge Jiang Tian could withdraw from the trial of this case through recusal, the resistance on the part of the judge would be much smaller.
But the problem is that just hearing related cases before does not mean that the judge has an interest in the outcome of the case, or affects the fair trial.
Moreover, if you apply for recusal yourself, but the recusal is rejected in the end, the judge may be irritated in his heart, which will be even more unfavorable for the subsequent trial of the case.
But if you don't apply, it's also very bad if the judge is really biased.
There is still a chance to apply for avoidance.
However, if the application fails and the judge is angered, the situation will be further aggravated.
Do you want to give it a go?
To apply, or not to apply?
Miyagawa hesitated inwardly, his whole body tensed slightly, and the pen in his hand was tightened even more.
(End of this chapter)
What's more...replace the chief referee? !
Miyagawa opened his mouth slightly when he heard the news.Less than 10 minutes before the court session, such a news came crashing down.At this moment, Miyagawa suddenly remembered that before the mediation meeting that day, he asked Kyoko if Judge Takasugi would come to the mediation scene.At that time, Kyoko had a subtle expression on her face.Thinking about it now, Kyoko must have known that Judge Takasugi was unable to hear the case due to health reasons.
However, the judge in his favor was replaced, so who would be the new judge?
Miyagawa squeezed the pen slightly, stared at the court clerk, and began to get a little nervous.
Kitahara, who was next to her, also watched this scene with great interest. The sudden change of judge before the trial was a good test for Miyagawa, and it could further exercise her on-the-spot reaction ability.
The courtroom was very quiet, only the sound of Kyoko flipping through the materials could be heard.
This sudden change indicates that some unexpected change is taking place.
Just as a butterfly flaps its wings a few times, it can trigger a tornado on the coastline a few weeks later.Many things in this world are often like a butterfly effect. Some very small changes are enough to cause consequences that no one can imagine in the future.
Everyone sitting in the court at this time - Miyagawa, Kitahara, Gu Meimen, and Machiko, none of them expected that this lawsuit over the right of way in the neighboring land would set off an unprecedented storm in the end. The four people present were involved in an extremely huge vortex.And such a drastic change began at the very beginning, with this small act of changing judges.
Kyoko lowered her head, looked at the latest case information form in her hand, and read, "The newly replaced referee is Judge Eda Qingyan."
Judge Eda?Miyagawa frowned slightly when he heard the name.This name seems to have been heard somewhere.where is itIt was like being in the dark, constantly groping for the light switch on the wall, knowing it was there, but still unable to touch it.
Suddenly, as if the lights were turned on, Miyagawa suddenly remembered who the judge was.
It's the same judge who Gao Jing sued the owner of Aoba Terrace for land trespass!It was Judge Eda who dismissed Takai's lawsuit by citing the so-called "cumulative infringement" reason, arguing that a single trampling on the grass of the stadium was not enough to cause all the damage!It's that judge Jiang Tian who made complaints about himself, was too dogmatic, and followed the theory too rigidly!
It's... bad.
If Judge Jiang Tian brought into this case the prejudice he had formed in that case against the Green Field, then... that would be too detrimental to this case.
Thinking of this consequence, Miyagawa's eyes widened a bit,
Machiko was in the dock, and when she heard the news, the corners of her mouth curled up slightly.She had also studied the judge in the case before.The original judge, Akiko Takasugi, was an overly empathetic judge.The venue under consideration in this case was a training ground for a goalkeeper team for the deaf.A judge like Takasugi will definitely lean towards the defendant's court.
And now, unexpectedly...it was actually replaced by Judge Jiang Tian.
Machiko knew that Judge Eda had heard the previous land infringement dispute between Takai and Aobadai apartment owners, and he directly dismissed Takai's lawsuit.
It is very appropriate to have such a judge who is not easily influenced by sympathy as the sole trial judge of this case.This is the god of luck, taking care of himself in the dark.
"Dai, if you lose all of this, you should quickly commit suicide and apologize." Gu Meimen, who was next to her, heard that the presiding judge had been replaced, she raised Erlang's legs more comfortably, and leaned against the back of the chair.The whole sitting posture is very arrogant, as if the court has turned into a beach at this moment, and he seems to be sunbathing.
Kyoko then raised her head and said, "This case is subject to summary procedure. Therefore, Judge Jiang Tian will hear it alone, and no collegial panel will be formed to discuss the case."
【Simple program】
[The so-called summary procedure means that the court can use the summary procedure to hear civil cases with relatively clear facts, clear rights and obligations, and little controversy.Different from the ordinary procedure, in the summary procedure, more formal procedures will be omitted, and the court investigation and court debate will no longer be clearly distinguished.Judges can even directly summarize the focus of disputes and guide both parties to directly present evidence, cross-examine evidence, and court debate.In summary procedure, judges have more procedural discretion. 】
Miyagawa felt even worse inside.Hearing alone means that the outcome of this case will depend entirely on Judge Jiang Tian's personal thoughts.
No other judge can check Eda's decision.
At this moment, the indicator light on the secret door on the left side of the court turned from red to bright again, "click, click, click", a burst of powerful footsteps came, a man in his 30s wearing a black robe came from behind the secret door. walked out.The man's face was well-defined and his expression was resolute. This resoluteness was wonderfully mixed with the bookish air on his body, forming the demeanor of an ancient Confucian general.
Judge Eda Qingyan.He graduated from Hosei University in Tokyo. After completing his undergraduate degree, he entered the research laboratory and became a monk under the specialization of civil law, and then continued to study for a doctorate.During his doctoral study, he participated in a number of legal research projects conducted by the Tokyo High Court and the Supreme Court, and many of his research reports received the attention of the judiciary.After graduation, Eda passed the civil service examination and worked in the Shinjuku District Magistrates Court. He is a high-profile young judge in the judiciary.
After Judge Jiang Tian entered the trial court, he sat on the high chair in the middle, looked at the people present, and said to Kyoko at the clerk's desk: "After checking the identities of the people present, we can prepare for the trial."
Court discipline is not required to be read.
When the chief referee is not required to enter the court, all stand up.
All procedures simplified.
This is the simplified procedure.
The clerk in the courtroom began to check the lawyer's certificates of the people present in court one by one.
After checking the identity, Judge Jiang Tian said: "Before the trial, the litigant rights of the relevant parties have been informed in writing. Since this case applies the summary procedure, this court only informs the parties that they have the right to apply for the judge's withdrawal. Other rights, No more formal readings will be made. According to the Civil Procedure Law, if the parties believe that the judge has an interest in the trial, or has other relationships that may affect the fair trial, he may apply for recusal. Are both parties applying for recusal now?"
The word "avoid" hit Miyagawa's ears.
An idea emerged in Miyagawa's mind.
Do you want to try to apply for the judge's recusal?
Judge Eda had previously tried the dispute between Takai and the owner of the Aobadai apartment.If he had brought in the prejudice formed in the previous case, then the case of the dispute over the right of way in the neighboring land would basically be out of the question.
If Judge Jiang Tian could withdraw from the trial of this case through recusal, the resistance on the part of the judge would be much smaller.
But the problem is that just hearing related cases before does not mean that the judge has an interest in the outcome of the case, or affects the fair trial.
Moreover, if you apply for recusal yourself, but the recusal is rejected in the end, the judge may be irritated in his heart, which will be even more unfavorable for the subsequent trial of the case.
But if you don't apply, it's also very bad if the judge is really biased.
There is still a chance to apply for avoidance.
However, if the application fails and the judge is angered, the situation will be further aggravated.
Do you want to give it a go?
To apply, or not to apply?
Miyagawa hesitated inwardly, his whole body tensed slightly, and the pen in his hand was tightened even more.
(End of this chapter)
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