Best Litigation Lawyers in Taiwan

About Litigation Law in Taiwan

Litigation law in Taiwan, often referred to as "dispute resolution," is the process by which parties resolve disputes in a court of law. It encompasses a wide range of matters, from civil issues such as contractual disputes, negligence claims, or property disputes, to criminal cases such as fraud or assault. The litigation process in Taiwan follows a civil law system, mirroring many principles and structures in the German legal system. English common law principles may have influenced some subsidiary regulations, but the main body of civil and criminal laws clearly follow the continental European model.

Why You May Need a Lawyer

Engaging a lawyer is often necessary in litigation matters as understanding the local legal framework and procedural considerations may be challenging for most. Lawyers can help with legal advice, outlining strengths and weaknesses of your case, drafting legal documents, representing you in court, and negotiating with the opposing party on your behalf. Situations where you may need a litigation lawyer include commercial disputes, insurance claims, real estate disputes, personal injury claims, criminal charges, and intellectual property disputes.

Local Laws Overview

Taiwan’s litigation system adapts a civil law system where laws are codified, i.e., compiled into legal codes that lawyers and judges use as primary sources of law. The rules of court procedure follow the Taiwan Code of Civil Procedure and the Taiwan Code of Criminal Procedure. This involves pleadings, discovery, and trial proceedings. A unique aspect of litigation in Taiwan is that it has a multi-level court system, including District Courts, High Courts, and the Supreme Court. For civil cases above a certain amount, the losing party has an automatic right of appeal to the High Court and, ultimately, the Supreme Court. This differs from common-law countries, where the right to appeal may be more limited.

Frequently Asked Questions

How is litigation initiated in Taiwan?

Litigation in Taiwan is initiated when a complaint is filed with the court. Once the complaint is accepted, the court will serve the defendant, who will then have the opportunity to respond to the complaint.

Does Taiwan have jury trials?

No, Taiwan does not use juries in trials. Instead, judges determine both the facts and the law and make rulings accordingly.

What are the costs involved in a litigation process in Taiwan?

Costs include filing fees, attorneys' fees, court fees, and other costs related to the preparation and heading of the case. Costs can vary significantly depending on the complexity of the case.

Can I represent myself in a Taiwan court?

While it is possible to represent oneself in a Taiwan court, it is generally not recommended due to the complexity of Taiwan's legal system and the requirement for fluency in Mandarin.

How long does litigation usually take in Taiwan?

This can vary widely depending on the specifics of the case. However, it often takes between one to three years for a case to reach a first instance decision in Taiwan.

What is the role of evidence in Taiwan litigation?

Evidence plays a crucial role in the Taiwan litigation process. The parties must submit all relevant proofs to the court, which the judge will Exam and weigh to reach a decision.

Can foreign judgments be enforced in Taiwan?

Yes, foreign judgments may be recognized and enforced in Taiwan. The foreign judgment must have been finalized in the foreign court and must not contradict Taiwan’s public order or good morals.

What is Alternative Dispute Resolution (ADR)?

ADR refers to methods of resolving disputes outside of the court system. In Taiwan, it is common to settle disputes through negotiation, mediation, and arbitration to save time and costs.

What is the role of the lawyer in the litigation process?

A lawyer provides legal advice, prepares and files legal documents, represents the client in court, negotiates with the opposing party, and helps the client understand their rights and options.

Are there legal aids for those who cannot afford a lawyer in Taiwan?

Taiwan offers legal aid services to individuals who cannot afford a lawyer. The legal aid system in Taiwan helps provide equal access to justice.

Additional Resources

The Taiwan Ministry of Justice and the Judicial Yuan both provide resources and more details related to litigation law. Additionally, the Taiwan Bar Association can provide information about hiring a lawyer, and the Legal Aid Foundation offers assistance for those who cannot afford one.

Next Steps

If you find yourself in need of legal advice or representation in litigation, your first step should be to consult with a legal professional who is knowledgeable in Taiwan’s legal system. Ensure to prepare all necessary documents and the detailed account of your situation to provide them with a full understanding of your case.