Best Litigation Lawyers in Taiwan

About Litigation Law in Taiwan, Taiwan

Litigation law in Taiwan encompasses the process of litigating a case in court. It includes numerous stages, such as the filing of a lawsuit, engaging in pre-trial activities, undertaking a trial, and possibly filing an appeal should the trial's outcome be unsatisfactory. Taiwan shares many similarities with Western legal systems like the United States. It adopts a civil law system, primarily based on codified laws rather than legal precedents. However, realizing the necessity for changes, Taiwan has made efforts to incorporate some features of the adversary system and trial practices from the United States and other western countries.

Why You May Need a Lawyer

Understanding and navigating the litigious process in Taiwan can be complex. Individuals may require legal assistance during disputes involving business transactions, contracts, property, family matters, and various other issues. For instances where the conflict escalates to a trial, a lawyer can help represent your interest, formulate your defenses, and provide advice on potential consequences. Furthermore, lawyers can negotiate settlements on your behalf, limiting potential loss or maximizing your gain. Lastly, in cases involving international or cross-border matters, lawyers with an understanding of both local and international laws can be invaluable.

Local Laws Overview

Several local laws can widely impact litigation proceedings in Taiwan. For instance, the Code of Civil Procedure dictates the exact procedures for civil litigation. Furthermore, as per Taiwan's legal structure, all parties are considered equal before the law, and each case must have a fair trial. For disputes related to foreign affairs, the Private International Law provides directives. Understanding these laws can be complex, and therefore, having legal experts to support the process is of utmost importance.

Frequently Asked Questions

1. Can I represent myself in a court in Taiwan?

Yes, you can represent yourself in court, but it's not advisable, especially for complex cases where knowledge of local law and court proceedings is necessary.

2. Can foreign lawyers practice in Taiwan?

Foreign lawyers can practice in Taiwan, but they have to register with the local authorities and comply with Taiwan's rules and regulations.

3. How long does a litigation process take in Taiwan?

The length of litigation varies widely based on the complexity of the case, the evidence involved, and other factors. However, average litigation proceedings in Taiwan can take anywhere from 6 months to 2 years.

4. Do I have the right to a jury trial in Taiwan?

Unlike some western countries, Taiwan does not use a jury system. Cases are decided by judges rather than a jury of peers.

5. What language are court proceedings held in Taiwan?

All trials are conducted in Mandarin Chinese. If you don't understand the language, it's crucial to seek an interpreter's services or have an attorney who could do so.

Additional Resources

If you're looking for additional resources, you may find Taiwan's Ministry of Justice website helpful as it offers a wide range of legal resources. Law libraries and legal research databases can also be insightful. It's also recommended to consult specialized legal organizations or legal aid societies in Taiwan if you're having difficulties accessing legal services.

Next Steps

If you decide that you need legal assistance in litigation, your first step should be to find a reputable lawyer or legal firm that specializes in Taiwanese litigation. Consider setting up a consultation to discuss the specifics of your case and understand how they could assist you. Remember, understanding your rights and obligations under Taiwanese law is key to navigating this process successfully. A qualified attorney can help simplify complicated legal language, presenting your options and possible outcomes more understandably.