Associate Professor Norio Hiwatashi

Area and Subject Taught Code of Civil Procedure
Research Theme(s) Trial Procedure Theory
Academic Degrees Master of Law, Kyoto University
Keywords for Research Field Trial Schedule, Degree of Clarification, Discretionary Control
Office Phone Number Not Public
e-mail Not Public

Research Overview

The trial, an important part of a lawsuit, has been regarded as a black box representing the unknown thoughts produced inside the head of the judge. However, assuming that the trial procedure is a process in which the judge forms its judicial impressions, it would be mainly composed of assertions and proof by the parties. If so, the judge's mental condition (impressions) and the parties' activities (advance of allegations and evidence) should move in tandem. This means that the advance of more allegations and evidence would make the vacillation of judicial impressions smaller. I have been analyzing this combination by using the idea of "degree of clarification" to show the progress of trials.
In my conventional research, I have attempted to demonstrate the utility of the "degree of clarification" as follows: First, I verified the necessity to make the maturity of actions recognizable for the parties based on the conclusion of oral argument. Second, I verified the necessity to seek a balance between quality and promptness while avoiding rough-and-ready proceedings by examing the protective-order-issuing procedure. Further, I verified the necessity to control the judge's discretion based on the process of planning the trial schedule. My future plan is to verify the utility of the "degree of clarification" and improve clarification based on new materials.

Notable Publications and Works

  1. 『 民事訴訟法』2007 年、法学書院、手続の進行・訴訟の審理
  2. 『 現代民事司法の諸相』谷口安平先生古稀祝賀、2005 年、成文堂、「裁判所の裁量の統制方法について」:審理計画を素材として
  3. 民事訴訟法雑誌49 号、2003 年、法律文化社、「審理計画と解明度」:審理計画の作定における裁量統制の契機としての解明度