Miyagawa's voice was not loud, but it echoed clearly in the courtroom. Her enunciation was clear, her speaking speed was neither hasty nor slow, and she was well-controlled.

"Chief Judge. The plaintiff Teru Terai drove from Tokyo Ward to Hachioji City on May 16 this year. When passing through the G227 section of the expressway managed by the defendant Kawamoto Expressway, the plaintiff turned the steering wheel because there were iron blocks on the road.

He intended to change lanes to avoid a collision. During the process of changing lanes, he collided with another vehicle. The front engine was damaged. According to the vehicle manufacturer's appraisal, it was no longer worth repairing. The entire vehicle was scrapped and the plaintiff was hospitalized for 15 days."

"As the maintainer of the G227 section of the highway, the defendant failed to perform its road maintenance obligations and failed to clear road obstacles in a timely manner in accordance with the Highway Law, Highway Management Regulations and other regulations. It should bear compensation for the plaintiff's accident results. Request the court to order:

First, compensate the plaintiff for the scrapped Rolls-Royce Phantom VIII Series, worth 120 million yen. Second, compensate the plaintiff for medical expenses, hospitalization expenses, lost work expenses, transportation expenses, etc., totaling 1.23 million yen.”

The reading of the indictment is completed.

After all, this was the first time Miyagawa read out the indictment. After reading it, he felt a little nervous and his voice trembled, and then he stood up.

Judge Kumagai at the trial bench listened carefully to Miyagawa's statement, and then flipped through the case files on the bench, as if he was looking for some materials. He flipped through them for a while, and then seemed to confirm that what he was looking for was indeed not the case.

Existing, looked at the dock: "Didn't you submit a statement of defense?"

A statement of defense is a document that rebuts the complaint.

According to the Civil Procedure Law, the defendant shall submit a defense within 15 days after receiving a copy of the complaint.

In the dock, Onoda heard Judge Kumagai's question, narrowed his eyes and smiled, as if he was waiting for Kumagai to ask him a question at this moment, and his whole person became excited.

Onoda stood up, holding the A4 paper in his hand - the A4 paper that concealed his carefully prepared killing move. He walked to the trial seat with a confident expression and handed the A4 paper to Judge Kumagai, with a smile on his face.

He smiled and said, "This is our defense."

Seeing this scene, Miyagawa's eyes suddenly widened and he couldn't believe Onoda's actions. The defense was not submitted during the defense period, but was submitted after the court session?! Isn't this a clear violation of the provisions of the Civil Procedure Law?

!The defense was not handed in until after the trial, and the plaintiff was unable to prepare at all.

Miyagawa was about to speak when he felt his sleeve being tugged. When he turned around, it was Kitahara holding him back.

Beitahara looked like he was already familiar with this routine and smiled: "This is a surprise attack on the defense. You can't stop it."

"Answer... a surprise attack on the statement of defense?!" Miyagawa opened his eyes slightly, as if he had come into contact with a piece of knowledge he had never learned before.

[Reply Raid Tactics]

[According to the provisions of the Civil Procedure Law, the defendant must submit a defense to the court within fifteen days from the date of receiving a copy of the other party's complaint. Since the Civil Procedure Law does not stipulate the consequences of the defendant's failure to submit a defense. Therefore.

, the defendant’s lawyers seize this loophole in the litigation law and often choose to conduct a surprise defense. That is, they deliberately do not submit a defense statement during the defense period, but submit a defense statement only when the trial is held, thus forming a surprise attack on the plaintiff’s lawyer]

In basically 99% of the cases that Kitahara had in court in his previous life, the defendant did not submit his defense until the moment before the trial. He has long been accustomed to this defense surprise tactic, and has developed extremely strong on-the-spot adaptability.

Imanishi and Onoda also made a surprise attack on the defense, but Kitahara didn't care at all. On the contrary, it was expected by him.

Miyagawa saw that Kitahara looked indifferent, so he had no choice but to give up, but he still muttered in his heart that it was too unfair.

Judge Kumagai took Onoda's statement of defense and quickly scanned it with his eyes. Suddenly, as if he saw something very important, he stared at the statement of defense with great seriousness. After reading it carefully for a while, he spoke to

The two magistrates next to them were whispering to each other, as if they were discussing something.

The trial seemed to be suspended for a moment.

Judge Kumagai and the other judges didn't know what they were discussing.

What...what's going on? Miyagawa looked at this scene and was stunned. What happened? Why did the judge on the bench just glance at the opponent's defense statement and then this situation occurred. According to the following court hearing

The procedure is to show us the other party's statement of defense, and then have the other party read out the statement of defense?

So now the magistrate suddenly started discussing, and they were discussing something.

Onoda sat back in his seat and was very satisfied with the effect of this scene. Then his eyes fell on Kitahara at the plaintiff's seat. The annoying guy still had an indifferent expression on his face. He will kill you later.

Throwing away his helmet, he fled with his head in his hands.

The judges on the bench whispered for a while, and then nodded to each other, as if they had come to a conclusion. Judge Kumagai stared at the two lawyers on the plaintiff's bench and said: "Just now, the defendant's lawyer submitted that this case is not a civil lawsuit.

Defense within the scope of the case. Therefore, next, the court will first conduct a debate on whether this case falls within the scope of civil litigation. If this case is indeed outside the scope of civil litigation, this court will immediately dismiss the prosecution. First, the defendant's lawyer will be asked to express his defense.

"

Judge Kumagai's words were like thunder exploding in Miyagawa's ears. She couldn't react in an instant and couldn't believe whether the words she heard were true.

This case...is not within the scope of civil litigation?

[Scope of civil litigation]

[The so-called scope of acceptance of civil cases - refers to whether the relevant dispute is a dispute over property and personal relations between equal parties. Among them, whether the parties arising from the dispute are in an equal relationship is the basis for determining whether the relevant dispute is a civil dispute.

The key point.]

For example, if the traffic police fines you 200 yuan for running a red light, and you refuse to accept it, you feel that the large truck in front blocked your view of the traffic light. Then this dispute is not a civil dispute, but an administrative dispute.

.Because the relationship between the violator and the traffic police is that of management and being managed, not an equal relationship.

Typical civil cases, such as sales contract disputes, leasing disputes, divorce proceedings, etc. These are disputes and conflicts between equal subjects.

Miyagawa was a little panicked for a moment. She knew very well that if a civil case was deemed not to be within the scope of civil cases at the beginning of the trial and was directly dismissed, then the case would not even have a chance to enter the substantive trial.

In other words, the court will not even care whether the Kawamoto Expressway has fulfilled its maintenance responsibilities.

The court will directly dismiss the dispute because it does not fall within the scope of civil cases.

Such a result is equivalent to a complete defeat.

If a boxer is used as an analogy, one's side didn't even get on the stage and didn't even start punching, and was directly judged to have lost. It's like a 70kg boxing match. You were putting on your gloves to warm up, and the result was that

The referee suddenly comes up and tells you that your weight exceeds 70 kilograms and you cannot participate in this level of competition and you will be counted as a loser.

Miyagawa's heart suddenly tightened, his face turned pale and his expression was stiff. And just now...just now, the court seemed to say that if it did not fall within the scope of civil cases, it would be dismissed in court. In other words, in the next 10 minutes,

You will then know whether the case will be dismissed.

In less than 10 minutes, the first result of this case may come out.

After hearing Judge Kumagai's instructions, Onoda stood up confidently. He had been rehearsing this scene for a long time. He would launch a fatal blow to Kitahara and completely defeat him. Onoda cleared his throat and said: "The other party's so-called high speed

The road maintenance responsibility actually comes from the regulations in the Highway Law, Highway Management Regulations and other regulations. However, Chief Judge, these regulations are not civil law regulations. These are administrative regulations. The so-called 'road maintenance responsibility' is the responsibility of highways.

The company's obligations to administrative agencies. If the other party believes that we have not fulfilled our maintenance responsibilities, they should file a complaint with the Highway Bureau, which will impose administrative penalties on us instead of filing a civil lawsuit against us."

It's like the sound of war drums.

The armies of both sides gathered in positions less than 100 meters apart from each other.
Chapter completed!