Tokyo Barrister: Start the law firm bankruptcy

Chapter 66 Raid Tactics
Miyagawa's voice was not loud, but it echoed clearly in the courtroom.Her enunciation is clear, and the speed of her speech is not hurried or slow, and she is well-balanced.

"Chief referee. The plaintiff Terai Terai drove from the Tokyo area to Hachioji City on May 227 this year. When passing the G15 section of the expressway managed by the defendant Kawamoto Expressway, the plaintiff turned the steering wheel because there were iron blocks on the road. He intended to change lanes to avoid collision, and in the process of changing lanes, he collided with another vehicle, and the front engine was damaged, which was no longer worth repairing after being appraised by the car factory, and the whole car was scrapped, and the plaintiff was hospitalized for [-] days.”

"The defendant, as the maintainer of the G227 section of the expressway, according to the "Highway Law" and "Highway Management Regulations" and other regulations, the defendant failed to perform road maintenance obligations and failed to clear road obstacles in time, so he should bear compensation for the plaintiff's accident results. Request the court to order: First, compensation for the plaintiff’s scrapped Rolls-Royce Phantom VIII, worth 1 million yuan. Second, compensation for the plaintiff’s medical expenses, hospitalization expenses, lost work expenses, transportation expenses, etc. totaling 2 million yen.”

The indictment is read out.

After all, it was the first time for Miyagawa to read out the indictment, and he couldn't help feeling a little nervous and trembling after reading it, and then he stood up.

Judge Kumagai on the trial bench listened carefully to Miyagawa's statement, and then flipped through the case files on the bench, as if he was looking for some material, after flipping through it for a while, he seemed to confirm that what he was looking for was indeed correct. It existed, and looked towards the dock: "Did you not submit a statement of defense?"

A statement of defense is a document refuting the complaint.

According to the Civil Procedure Law, the defendant should submit a statement of defense within 15 days of receiving the copy of the statement of complaint.

When Onoda in the dock heard Judge Kumagai's question, he narrowed his eyes and smiled, as if he was waiting for Kumagai to ask him a question at this moment, and his whole body became excited.

Onoda stood up, holding the A4 paper in his hand—the A4 paper that concealed his well-prepared ultimate move, walked to the trial seat with a confident expression, and handed the A4 paper to Judge Kumagai, with an expression on his face. He smiled and said, "This is our statement of defense."

Seeing this scene, Miyagawa's eyes widened immediately, and he couldn't believe Onoda's actions.The statement of defense is not submitted during the defense period, but after the hearing? !Isn't this a clear violation of the provisions of the Civil Procedure Law? !The statement of defense was submitted after the hearing, and the plaintiff was unable to prepare at all.

Miyakawa was about to speak, but felt his sleeve being pulled, and when he turned his head, it was Kitahara who was holding him.

Beiyuan looked familiar with this method, and smiled, "This is a plea raid. You can't stop it."

"Answer... A surprise attack on the statement of defense?!" Miyagawa opened his eyes slightly, as if he had been exposed to a knowledge he had never learned before.

【Reply Raid Tactics】

[According to the provisions of the "Civil Procedure Law", the defendant must submit a statement of defense to the court within [-] days from the date of receiving the copy of the other party's statement of complaint.Since the "Civil Procedure Law" does not stipulate the consequences of the defendant's failure to submit a statement of defense.Therefore, the defendant's lawyers seize the loopholes in this procedural law and often choose to conduct a surprise defense.That is, during the defense period, the statement of defense was deliberately not submitted, but the statement of defense was submitted during the hearing, thus forming a surprise attack on the plaintiff’s lawyer]

In the courts held by Beiyuan in his previous life, in 99% of the cases, the defendant did not submit his statement of defense until the moment before the trial.He has long been accustomed to this kind of defense raid tactics, and has developed extremely strong on-the-spot adaptability. Kitahara didn't care about the defense raids of Imamishi and Onoda, but it was within his expectation.

Seeing Kitahara's indifferent look, Miyagawa had no choice but to give up, but he still muttered in his heart that it was too unfair.

Judge Kumagai took Onoda's statement of defense, and his eyes quickly moved over the statement of defense. Suddenly, as if seeing something very important, he stared at the statement of defense extremely seriously. After reading it carefully for a while, he spoke with The two magistrates next to each other whispered, as if discussing something.

In an instant, the trial seemed to be suspended.

Judge Kumagai and other judges did not know what they were discussing.

What... what's going on?Miyagawa was dumbfounded watching this scene.What happened?Why did this happen when the judge at the seat only glanced at the other party's pleadings.According to the next trial process, shouldn't we show us the other party's statement of defense, and then the other party will read the statement of defense?
So now the magistrate suddenly started discussing, they were talking about something.

Onoda sat back in his seat and was very satisfied with the effect of this scene, and then his eyes fell on Beiyuan, who was in the plaintiff's seat, that annoying guy still had a seemingly indifferent expression, waiting to kill you He threw away his helmet and armor, and fled with his head in his arms.

The magistrates on the seat whispered for a while, then nodded to each other, as if they had reached a conclusion, Judge Kumagai stared at the two lawyers on the plaintiff's seat and said: "Just now, the defendant's lawyer proposed that this case is not a civil lawsuit. Therefore, next, the court will first debate whether this case falls within the scope of civil litigation. If this case is indeed not within the scope of civil litigation, this court will immediately dismiss the prosecution. First, the defendant’s lawyer will be asked to issue a defense. "

Judge Kumagai's words sounded like a thunder in Miyagawa's ears, and she couldn't react for a moment, so that she couldn't believe whether the words she heard were true.

This case...is not within the scope of civil litigation?
【Scope of Acceptance of Civil Litigation】

[The so-called scope of acceptance of civil cases—refers to whether the relevant disputes are property and personal relationship disputes between equal subjects.Among them, whether the parties involved in the dispute are in an equal relationship is the key to determining whether the dispute is a civil dispute. 】

For example, the traffic police fined you 200 yuan for running a red light. You refuse to accept it. You think that the big truck in front blocked your view of the traffic light.Then this dispute is not a civil dispute, but an administrative dispute.Because the relationship between the offender and the traffic police is a relationship between management and management, not an equal relationship.

Typical civil cases, such as sales contract disputes, lease disputes, divorce proceedings, etc.These are disputes and contradictions between equal subjects.

For a moment, Miyagawa was flustered.She is very clear that if a civil case is deemed not to be within the scope of civil cases at the beginning of the judgment, and if it is directly dismissed, then the case will not even have the opportunity to enter the substantive trial.

In other words, the court doesn't even care whether the Kawamoto Expressway has fulfilled its maintenance responsibilities.

The court will directly dismiss the dispute because it does not fall within the scope of civil cases.

Such a result is equivalent to a complete defeat.

If you use a boxer as an example, it means that your side didn't even get on the stage, and didn't even start punching, so they were directly sentenced to lose.It’s like a 70kg boxing match. You are putting on your gloves to warm up, but the referee suddenly comes up and tells you that you weigh more than 70kg, you cannot participate in this level of competition, and you will lose directly.

Miyagawa's heart suddenly tugged, his face turned pale and his expression was stiff.And just... Just now, the court seemed to say that if it does not fall within the scope of civil cases, it will be dismissed in court.In other words, in the next 10 minutes, you will know whether the case will be dismissed.

In less than 10 minutes, the first result of this case may come out.

After hearing Judge Kumagai's order, Onoda stood up confidently. He has been rehearsing this scene for a long time. He will launch a fatal blow to Kitahara and completely break him down.Onoda cleared his throat and said, "The other party's so-called expressway maintenance responsibility is actually derived from the provisions in the "Highway Law", "Highway Management Regulations" and other regulations. However, chief judge, these provisions are not civil law norms. These are administrative regulations. The so-called "responsibility for maintaining roads" is the obligation of the expressway company to the administrative agency. If the other party thinks that we have not fulfilled the maintenance responsibility, it should file a complaint with the Highway Bureau. civil suit."

Like the sound of a drum of war.

The armies of both sides were assembled in positions less than 100 meters apart from each other.

The silhouette of the opponent's army shook, and the first wave of attack came.

(End of this chapter)