Litigation & Dispute Resolution

If You Disagree with a Civil Judgment: Consultations on Appeals and Final Appeals in Japan

We accept inquiries from those who disagree with a civil judgment at first instance or on appeal. In addition to the stage of considering an appeal (to the court of second instance), you may consult us about instructing us during appeal proceedings, or at the stage of a final appeal or a petition for acceptance of final appeal. Please contact us even if a deadline for an appeal or another procedural step is approaching.

You may consult us while retaining your current lawyer. You may consult us in any of these forms: seeking a second opinion on the judgment or case record, asking us to review written submissions or act jointly with your current lawyer, or considering a change of lawyers. We also accept inquiries from lawyers representing parties in litigation.

Two lawyers at our firm, Shoichi Hara and Hideyuki Idenawa, are former judges.

Reviewed by Keishi Yoshikawa, Attorney at Law and Patent Attorney (Dai-Ichi Tokyo Bar Association)

Last updated: November 1, 2026

Scope of this page This page mainly explains appeals and final appeals in ordinary civil litigation in which a district court is the court of first instance. For cases in a summary court, Section 2 notes the procedural differences. This page does not cover personal status litigation (such as divorce cases), administrative litigation or appeals against family court rulings.

What to check first

Please check the following before consulting us.

The case and its current stage—The court, case number and parties; whether the case is at the stage after the first-instance judgment, during appeal proceedings, or after the appellate judgment; and whether the other party has filed an appeal.
When the action at first instance was filed—When the action at first instance was filed. The rules governing service of the judgment, the appeal period and related matters differ depending on whether the action was filed before or after May 21, 2026, so please check the documents showing the filing date.
Recipient, method and date of service of the judgment—The date of service may differ from the date you read the judgment or received an explanation from your lawyer. Please check whether service was on paper or electronic, and check the records of service, including service on your lawyer.
Filing status of appeals and statements of reasons—The filing dates for the appeal, final appeal or petition for acceptance of final appeal, the documents filed, and the filing status and deadlines for statements of reasons. For a final appeal and a petition for acceptance of final appeal, please check separately the date of service of each notice and the filing deadline for each statement of reasons.
Upcoming hearings and specified deadlines—Oral argument hearing dates, deadlines set by the court for written submissions, deadlines for responding to settlement proposals, and similar dates.
Location of the judgment and case record—The parties' written submissions, evidence, examination transcripts, draft statements of reasons, and other materials. Please check where these are held, including materials kept by your current lawyer.
Changes you seek and how you wish to instruct us—Which parts of the judgment you disagree with; and whether you want a second opinion, a review of written submissions, representation jointly with your current lawyer, or a change of lawyers.
Status of provisional execution and compulsory execution—Whether the judgment includes a declaration of provisional execution, whether measures such as attachment are underway, and the deadlines for payment or other action.

Even before you have the full judgment and case record, please first let us know the stage of the proceedings and the deadlines. We will explain how to send detailed materials.

Deadlines in civil litigation

Document	Period and starting point	Where to file	If the period is missed
Petition for appeal	Two weeks from the date of service of the judgment (an unextendable period). An appeal filed after the judgment has been pronounced is valid even if filed before service.	Court of first instance	An appeal can no longer be filed after the period has expired.
Statement of reasons for appeal (a document stating the grounds for seeking to set aside or otherwise change the first-instance judgment)	Within 50 days after filing the appeal, if the petition for appeal does not specifically state the grounds for seeking to set aside or modify the judgment.	Appellate court (high court)	It is understood that an appeal will not be dismissed on the ground that this period has passed (unlike a statement of reasons for final appeal). This does not mean that the deadline need not be observed.
Petition for final appeal and petition for acceptance of final appeal	Two weeks from the date of service of the appellate judgment (an unextendable period).	Court of prior instance (the court that rendered the appellate judgment)	A final appeal or a petition for acceptance of final appeal can no longer be filed after the period has expired.
Statement of reasons for final appeal	50 days from the date of service of the notice of filing of final appeal, if the petition for final appeal does not state the grounds for final appeal.	Court of prior instance	The rules provide that the final appeal is to be dismissed if the statement is not filed within the period.
Statement of reasons for the petition for acceptance of final appeal	50 days from the date of service of the notice of filing of the petition for acceptance of final appeal, if the petition for acceptance of final appeal does not state the grounds.	Court of prior instance	The rules provide that the petition for acceptance of final appeal is to be dismissed if the statement is not filed within the period.

Main deadlines in civil litigation (ordinary civil litigation with a district court as the court of first instance)

Note: For convenience, this page uses “service of the judgment” to refer to service of an electronic judgment document, a written judgment, or a court record that takes the place of either.

Note: For cases in which the action was filed before May 21, 2026, the pre-amendment provisions apply to the preparation and service of judgments, the periods for appeals and final appeals, the handling of notices of filing of final appeal, and related matters (transitional measures).

Note: As a general rule, when calculating the period for an appeal or final appeal, the date of service is excluded and the following day is counted as the first day.

Note: If the last day of a period falls on a Saturday, Sunday or public holiday, or during the year-end and New Year period (December 29 to January 3), the period expires on the following day. An unextendable period cannot be extended or shortened by the court. The 50-day periods for a statement of reasons for final appeal and a statement of reasons for the petition for acceptance of final appeal are not unextendable periods and may be extended by an order of the court of prior instance. However, subsequent completion of a procedural act (late filing) is not permitted after the period has expired.

How we can helpConsidering an appeal, final appeal or petition for acceptance of final appeal / Taking on a matter during appeal proceedings / Opinions on judgments and case records, review of written submissions, acting jointly with your current lawyer, changing lawyers / Inquiries from lawyers representing parties

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Contents

1 Matters to consider in civil appeal proceedings
2 Matters to consider in civil final appeals and petitions for acceptance of final appeal
3 Ways to consult and instruct us, and how we proceed
Frequently Asked Questions

1 Matters to consider in civil appeal proceedings

1-1. Reviewing the first-instance judgment and case record and preparing the statement of reasons for appeal

We identify the determinations in the first-instance judgment that you seek to change and check them against the case record to see how they correspond to the parties' allegations and evidence. We then consider whether additional allegations or evidence are needed and how to structure the statement of reasons for appeal.

A petition for appeal is filed with the court of first instance within two weeks from the date of service of the judgment. If the petition for appeal does not specifically state the grounds for seeking to set aside or modify the first-instance judgment, a document stating those grounds (the statement of reasons for appeal) is to be filed with the appellate court within 50 days after filing the appeal. It is understood that an appeal will not be dismissed on the ground that the period for the statement of reasons for appeal has passed. In this respect, it differs from a final appeal, which is dismissed if the statement of reasons is not filed within the period. However, if the presiding judge sets a period for submitting allegations and evidence, an explanation of the reasons is required for any submission made after that period, and such submissions may be rejected as untimely. In any event, this does not mean that deadlines need not be observed.

In appeal proceedings, procedural acts performed at first instance continue to have effect, and new allegations and evidence may also be submitted. However, untimely allegations and evidence may be rejected, and the presiding judge may set a period for submitting allegations and evidence. In addition, the court may decline to examine evidence it considers unnecessary, so submitting new evidence does not necessarily mean that it will be examined.

In appeal proceedings, oral argument may be concluded at the first oral argument hearing. According to a report by the Supreme Court of Japan, of the civil appeal cases disposed of by the high courts in 2024, oral argument was concluded after a single hearing in 68.9% (report, p. 202, Figure 13). The statement of reasons for appeal and the evidence need to be fully considered by the first hearing.

For cases in which the action was filed before May 21, 2026, the pre-amendment provisions apply to service of the judgment and the appeal period. We calculate the deadlines after checking when the action at first instance was filed.

1-2. The approach to the appeal and settlement

Whether to appeal is considered by comparing the outcome sought, the expected costs and duration, the effects on your business or daily life, and the terms on which the dispute could be settled. Settlement is routinely attempted in appeal proceedings, and a recommendation by the court to settle does not, by itself, mean that the prospects of winning or losing have been settled. However, a settlement proposal in appeal proceedings may be presented on the basis of deliberations by the panel of judges, taking into account the results of the proceedings to that point (the proposal does not bind the content of the judgment). We consider the terms of the settlement proposal and the court's explanation and compare them with the prospects if a judgment is sought.

If the other party has appealed (and you are the appellee), we prepare a response to the statement of reasons for appeal and, if you also seek to change the first-instance judgment, consider whether an incidental appeal is needed (Frequently Asked Questions, Q6).

Note: If a judgment includes a declaration of provisional execution, filing an appeal does not in itself stop compulsory execution. A stay of compulsory execution requires an application to the court and a court order.

1-3. Points to check in litigation involving medical care, construction, employment, disputes between companies and inheritance

For each area, we check how the determinations in the judgment correspond to the case record from perspectives such as the following.

Area	Main points to check in the judgment and case record	Related page
Medical litigation (for medical institutions)	How the findings on the course of treatment and medical knowledge, and the determinations on breach of the duty of care and causation, correspond to clinical records such as medical charts, medical literature, opinions of cooperating physicians, and the results of expert evaluations.	Medical Incidents and Malpractice Claims in Japan
Construction litigation	How the findings on the terms of the contract, defects, and additional or changed work correspond to the contract drawings, specifications, construction records, expert opinions, and the results of site inspections.	Construction Disputes in Japan
Employment litigation (for employers)	How the findings on the reasons for dismissal or nonrenewal, working hours, wages and related matters correspond to work rules, personnel records, attendance records, and the results of the examination of witnesses and parties.	Employment Disputes in Japan: A Guide for Employers
Disputes between companies	How the interpretation of the contract, whether an agreement was formed, and the findings on damages correspond to the contract documents, records of negotiations, and transaction materials.	―
Civil litigation relating to inheritance (actions for a declaration that a will is invalid, claims for payment corresponding to infringement of the statutory reserved share, etc.)	How the findings on the circumstances when the will was made, the valuation of assets and related matters correspond to medical records, the will, asset documents, and the results of expert evaluations. Family court rulings on the division of an estate are not covered by this page.	―

In employment litigation, we accept inquiries from employers (companies and other legal entities).

2 Matters to consider in civil final appeals and petitions for acceptance of final appeal

2-1. Differences between a final appeal and a petition for acceptance of final appeal

A judgment rendered by a high court as the appellate court may be challenged through two procedures: a final appeal to the Supreme Court of Japan and a petition for acceptance of final appeal.

A final appeal is a procedure based on an error in the judgment's interpretation of the Constitution or another constitutional violation, or on a serious procedural violation listed by law, such as the unlawful composition of the court that rendered the judgment or a failure to state reasons in the judgment.

A petition for acceptance of final appeal is a procedure in which the Supreme Court decides whether to accept the case as the court of final appeal, where the judgment under appeal contains a determination inconsistent with Supreme Court precedent or the case otherwise involves important matters concerning the interpretation of laws and regulations. If the Court decides to accept the case, a final appeal is deemed to have been filed. A petition for acceptance of final appeal cannot be based on the grounds for final appeal. A final appeal and a petition for acceptance of final appeal may be made together in a single document, in which case the respective grounds are stated separately.

Note: In ordinary civil litigation in which a summary court is the court of first instance, the procedure is, as a general rule, an appeal to a district court, followed by a final appeal to a high court against the district court's appellate judgment. Against a final judgment rendered by a high court as the court of final appeal, a special final appeal to the Supreme Court of Japan is available, but only on the ground of an error in the interpretation of the Constitution or another constitutional violation. A judgment in a small claims action cannot be appealed; a separate procedure, an objection filed with the summary court that rendered the judgment, is provided instead.

2-2. How the determinations in the judgment under appeal relate to the statutory grounds and precedents

We identify the determinations in the appellate judgment to be challenged and consider whether they may fall within the grounds for final appeal or the grounds for a petition for acceptance of final appeal. When arguing that a determination conflicts with precedent, we compare the holding of the precedent and the facts on which it was based with the facts of the present case.

In final appeal proceedings, the Supreme Court is bound by the facts lawfully established in the judgment under appeal. Disagreement with findings of fact or the evaluation of evidence does not, by itself, constitute grounds for final appeal (a constitutional violation or a serious procedural violation). Where the objection amounts to a violation of law, such as a violation of empirical rules or of the rules on evaluating evidence, and can be said to involve an important matter concerning the interpretation of laws and regulations, there may be room to raise it in a petition for acceptance of final appeal. However, petitions that in substance merely criticize the findings of fact in the judgment under appeal are not accepted, and cases in which the judgment under appeal is quashed for a violation of empirical rules or similar grounds are understood to be extremely rare.

2-3. Drafting and reviewing statements of reasons and preparing to file

A petition for final appeal and a petition for acceptance of final appeal are filed with the court of prior instance (the high court that rendered the appellate judgment) within two weeks from the date of service of the appellate judgment. If the grounds are not stated, the statement of reasons for final appeal is to be filed with the court of prior instance within 50 days from the date of service of the notice of filing of final appeal, and the statement of reasons for the petition for acceptance of final appeal within 50 days from the date of service of the notice of filing of the petition for acceptance of final appeal. If both have been filed together, we check the date of service of each notice and the deadline for each statement of reasons.

The rules provide that the court of prior instance is to dismiss the final appeal (or the petition for acceptance of final appeal) if the statement of reasons is not filed within the period, or if the statement of the reasons does not comply with the prescribed form (where an order to correct it is not complied with). The reasons for final appeal are required to identify specifically the relevant provision of the Constitution, or the applicable ground among those listed in the Code of Civil Procedure, together with the facts supporting it; the reasons for a petition for acceptance of final appeal are required to identify specifically the relevant provisions and substance of laws and regulations, or the relevant precedents.

We prepare statements of reasons after considering the selection and structure of the issues, citations of precedents and laws and regulations, and their correspondence to the case record. We also accept instructions to review draft statements of reasons prepared by your current lawyer.

3 Ways to consult and instruct us, and how we proceed

Our Litigation and Dispute Resolution overview explains our support for litigation and dispute resolution in general.

3-1. Second opinions, acting jointly with your current lawyer, and changing lawyers

You do not need to have decided to change lawyers when you consult us. You may consult us in any of the following forms.

Seeking another opinion on the judgment and case record (second opinion)—We review the judgment and case record and give our opinion on the prospects of an appeal or final appeal and on the structure of the statement of reasons.
Acting jointly with your current lawyer (co-counsel)—After confirming your wishes, and in consultation with your current lawyer, we coordinate whether we can participate, the scope of our role, and how responsibility for filing documents and managing deadlines is shared.
Changing lawyers—After confirming whether we can accept instructions and the scope of our work, we coordinate the handover of the case record and how upcoming hearings and deadlines will be handled.

3-2. From inquiry to review and acceptance of instructions

We ask about the outline of the case, the stage of the proceedings, the next deadlines and the materials you have.
We confirm the form and scope of the instructions you have in mind and explain the fees.
We confirm whether we can accept instructions and the arrangements for handling the matter.
We confirm the form in which we will report the results of our review (orally, in a memorandum or in a written opinion) and the schedule. The schedule is discussed with you in light of the deadlines for the statement of reasons for appeal and other documents.

When we receive an inquiry, we check whether the matter is one that our firm and the lawyers who may handle it are able to take on. Please contact us even if only a few days remain before a deadline for an appeal or another procedural step.

3-3. Fees for review and representation

We explain the fees individually after confirming what you wish to discuss and the scope of the instructions.

3-4. Inquiries from lawyers representing parties

We also accept inquiries from lawyers representing parties in litigation about reviewing written submissions and acting as co-counsel in appeals, final appeals and petitions for acceptance of final appeal.

We confirm in advance the scope of the review, the form of our work product (orally, in a memorandum or in a written opinion), who will file the documents, and how responsibility for managing deadlines will be shared. We also check for conflicts of interest when we receive an inquiry.

Frequently Asked Questions

Q1 Is the deadline for a civil appeal two weeks from the date the judgment is pronounced?

The period for appeal in civil litigation runs two weeks not from the date the judgment is pronounced but from the date of service of the judgment. If a party is represented in the proceedings by a lawyer, the judgment is normally served on that lawyer, and the appeal period expires two weeks counted from the day after service. There is a precedent holding that, even where the period was missed because the party relied on a date given by their lawyer, a late appeal cannot be permitted afterward (subsequent completion of a procedural act). Because the date of service may differ from the date on which you personally received or read the judgment, please check the records of service.

Once the judgment has been pronounced, an appeal may be filed even before service. The appeal period is an unextendable period and cannot be extended by the court. The period for the statement of reasons for appeal (within 50 days after filing the appeal) runs separately from the appeal period.

Q2 Do appeal proceedings end after one hearing? Can new evidence be submitted?

In appeal proceedings, oral argument may be concluded at the first oral argument hearing. The conclusion of oral argument is a step separate from the pronouncement of judgment; the judgment is pronounced after oral argument has been concluded.

New allegations and evidence may be submitted, but they may be rejected as untimely, or you may be asked to explain the reasons in relation to a submission period set by the presiding judge. Evidence that the court considers unnecessary is not examined, so submitting it does not necessarily mean that it will be examined.

Q3 Does a recommendation to settle in appeal proceedings mean that I will lose?

The fact that settlement has been recommended does not, by itself, mean that the prospects of winning or losing have been settled. The court may attempt settlement at any stage of the proceedings, and settlement is routinely recommended in appeal proceedings. However, a settlement proposal in appeal proceedings may be presented on the basis of deliberations by the panel of judges, taking into account the results of the proceedings to that point (the proposal does not bind the content of the judgment). We consider the terms of the settlement proposal and the court's explanation and compare them with the prospects if a judgment is sought.

Q4 Can I consult you before telling my current lawyer?

You may contact us before telling your current lawyer. We review the matter to the extent of the judgment and records available to you.

If we proceed to work with your current lawyer or to act jointly with them, we will discuss this with your current lawyer after confirming your wishes.

Q5 Can I file a final appeal if I disagree with the high court's findings of fact or evaluation of evidence?

Disagreement with findings of fact or the evaluation of evidence cannot in itself be a ground for a final appeal. In final appeal proceedings, the Supreme Court is bound by the facts lawfully established in the judgment under appeal, and the grounds for a final appeal and a petition for acceptance of final appeal are prescribed by law. Where the objection amounts to a violation of law, such as a violation of empirical rules or of the rules on evaluating evidence, and can be said to involve an important matter concerning the interpretation of laws and regulations, there may be room to raise it in a petition for acceptance of final appeal. However, petitions that in substance merely criticize the findings of fact are not accepted, and cases in which the judgment under appeal is quashed for a violation of empirical rules or similar grounds are understood to be extremely rare. We review the judgment and case record and consider which determination to challenge and on what grounds.

Q6 Can I consult you if the other party has appealed or if I am considering an incidental appeal?

Yes. For the appellee, a response to the statement of reasons for appeal is prepared. If you also seek to change the first-instance judgment, it is understood that an incidental appeal may be filed until the conclusion of oral argument in the appeal proceedings, even after the appeal period has expired.

However, an incidental appeal loses its effect if the other party withdraws the appeal or if the appeal is dismissed as unlawful (an incidental appeal that meets the requirements for an appeal is treated as an independent appeal). We consider whether to appeal within your own appeal period or to rely on an incidental appeal.

Contact

Consultations on Civil Appeals and Final Appeals

Please use the inquiry form to tell us the current proceedings, the dates on which the judgment and notices were served, the next deadlines, and how you would like to instruct us. We also accept inquiries from lawyers representing parties. If you are an individual, please enter “Individual” in the Company field. We will explain how to send detailed records and materials.

Sending an inquiry does not by itself mean that we have taken on the management of deadlines or the filing of documents. Procedural deadlines continue to run while we check whether we can advise or accept instructions, so please confirm with your current lawyer how the deadlines will be dealt with.