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Civil Law Discovery in Japan: A Comparison of Japanese and U.S. Methods of Evidence Collection in Civil Litigation

Author(s): Craig P. Wagnild

Journal: Asian-Pacific law & policy journal
ISSN 1541-244X

Volume: 3;
Issue: 1;
Start page: 1;
Date: 2002;
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Keywords: Japanese discovery | Japanese evidence procurement | Japanese Code of Civil Procedure

Although the form and extent are very different from the U.S., Japanese attorneys do "discover" evidence. This article focuses on: 1) What methods of evidence procurement exist in Japan; 2) Why evidence collection in Japan differs from U.S. pre-trial discovery; and 3) How Japan's restrictive discovery system affects transnational litigation.
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