Case Number

Reiwa 6 (Ne) No. 453

Parties

Appellant and appellant: Okawara Kakoki Co., Ltd. and 5 others

Appellant and appellee: Tokyo Metropolitan Government, the National Government

Case Name

State compensation claim case

due date

First hearing (oratory hearing)

Wednesday, June 5, 2024, 11:00 a.m. (Argument date)

Next Date

Next meeting: Tuesday, July 23, 2024, 11:00 a.m. on the progress consultation date

Preliminary consultation date: Tuesday, July 30, 2024, from 2:30 p.m.

* Our side: Deadline for submission of preparatory documents is July 16th

* Defendant: Deadline for submission of preparatory briefs: July 16th

Documents to be submitted

Our side: Appeal, statement of grounds for appeal, outline of statement of grounds for appeal, petition, reply to the metropolitan government, reply to the national government, outline of reply to the metropolitan government, outline of reply to the national government, supplementary reply to the metropolitan government's reply, Exhibits Ko-166-1 to Ko-202

Tokyo: Appeal, Statement of grounds for appeal, Outline of statement of grounds for appeal, Answer, Outline of answer, Exhibits Otsu 17 to Otsu 99

State: Appeal, statement of grounds for appeal, reply, outline of reply for appeal, Exhibits C43 to C50

Date Progress Summary

-In the following, Tokyo Metropolitan Government and the national government are referred to as the Tokyo Metropolitan Government and the national government in the first instance.-

Court: The plaintiff will present his/her appeal against the Tokyo Metropolitan Government and the national government.

Us: I will make a statement.

COURT: The defendant state's appeal is presented here.

Country: Yes.

Court: The Tokyo Metropolitan Government's petition to amend the appeal will also be heard.

Miyako: Thank you.

Court: I would like to ask about the statement of grounds for appeal. Both sides have prepared extensive documents, but is it okay for the plaintiff in the first instance to state his/her case as stated in the statement of grounds for appeal?

Us: Yes.

Court: We have received the outline, so we will treat this as a statement. As for the government, is it okay to make a statement as per the appeal statement?

Country: Yes.

Court: It would be fine for the city to also make a statement including the grounds for appeal and the outline of the case.

Miyako: Thank you.

Court: The government's written answer and outline will also be presented. The metropolitan government will also be presented with its written answer and outline. The plaintiffs, the metropolitan government and the national government, will also be presented with their separate written answers and the supplemental written answer dated May 31st.

Both: Yes.

Court: We will update the arguments. Please state the results of the oral arguments as stated in the original judgment. Are both sides okay?

Both: Yes.

Court: We will now move on to the submission of documentary evidence. We have received documents A-166-1 to A-202 from the plaintiff, but we would like to see the originals. Document A-201 has been submitted in original form, correct?

Us: Yes.

The Court: It is written front, back, front. May I hand it over as is?

Me: Of course, that's fine.

Court: We would also like to see the originals of statements and reports.

Our side: I do not have the original of Exhibit 187 with me today.

Court: I assume you have no opinion regarding the establishment?

Capital and Country: Yes.

Court: Exhibit B is the original statement only, the rest are copies. What are your thoughts on its validity?

Us: I have no objection.

Court: Copies of Exhibit C, Nos. 43 to 50, have been submitted. Is it correct that there is no dispute regarding the authenticity of the documents?

Us: Yes.

Court: We will now move on to the application for witness testimony. Do you have any comments on the current proceedings? As a court, I believe that the witness testimony was asked quite a bit in the first instance, and I believe that both sides understand where their claims differ. I think that is about it for the claims and documentary evidence.

The city and the country: The city and the country have counterarguments. We would like to make a counterargument to the written reply. We are not asserting anything new.

Court: If there is a counterargument, I would like to ask, but the question is what to do about the application for witness testimony. I think the basics were asked in the first instance. Based on that, I would like to consider the necessity of witness testimony. We will consider what to do after hearing your opinion about witness testimony at the next progress consultation.

Even if arguments are presented at the next hearing, I would like to finish the arguments at the next hearing and decide on the witness testimony. Since I have heard that you would like to proceed as soon as possible, I would like to decide on the date for the progress consultation by conducting supplementary questioning at the first hearing. If you have any opinions about the application for witness testimony, please let me know. We are considering setting a preliminary date for the progress consultation in mid-July, and in August, but by when will the arguments be submitted?

Miyako: We will also submit a statement of opinion on the testimony of the witnesses, but it appears that there are also internal documents, so we would like to have two months to prepare a written rebuttal, including reviewing those documents.

The Court: Even if they say two months.

Miyako: In a month and a half.

Court: The next hearing will be on July 23rd at 11:00 AM, and will be a progress consultation hearing. We would like to hear your testimony before then. Also, if you are able to provide an opinion, we would like to hear your rebuttal before July 23rd. We would like to reserve one more hearing for 2:30 PM on July 30th as a backup. This is just for the time being.

Our side: We would also like to submit a written rebuttal by July 16th, if necessary.

Court: You may submit the document. We will determine the direction of the argument and set a date for it.

If you wish to submit a rebuttal, please do so by July 16th.

The next hearing will be a progress consultation hearing, starting at 11:00 a.m. on July 23rd.

that's all

event number

Reiwa 4th year (ワ) No. 30955

State compensation request incident

Parties

Plaintiff: Aishima●●ほか2

Defendant: State

event name

State compensation request incident

due date

January 11, Reiwa 6 (Wednesday) 10:30~10:50

return date

March 21, Reiwa 6 (Wednesday) 13:10

Propose books, etc.

Plaintiff: No. 4 prepared writing, Certificate A B7~B10

Defendant: Prepare written certificate No. ⑶, B C7~C9

event number

Reiwa 4th year (ワ) No. 30955

State compensation request incident

Parties

Plaintiff: Aishima●●ほか2

Defendant: State

event name

State compensation request incident

due date

October 24, the fifth year of Reiwa (fire) 14:00 ~ 14:13

return date

Next time: January 11, Reiwa 6 (fire) 10:30

Propose books, etc.

Plaintiff: No. 3 prepared written document, Certificate A B5~B6

Defendant: List of medical errors

event number

Reiwa 4th year (ワ) No. 30955

State compensation request incident

Parties

Plaintiff: Aishima●●ほか2

Defendant: State

event name

State compensation request incident

due date

August 31, Reiwa 5 (Wednesday) 11:00～11:10

return date

Next time: October 24, Reiwa 5 (fire) 14:00

Propose books, etc.

Plaintiff: No. 2 prepared written document, certificate No. A B4

Defendant: Prepare written documents (2), certificates No. B2 to B9

case number

Reiwa 3 (Wa) No. 23302

party

Plaintiff: 5 people including Okawara Kakoki Co., Ltd.

Defendant: State, Tokyo Metropolitan Government

Incident name

State compensation case

due date

10th date (end of argument)
From 13:30 to 13:40 on Friday, September 15, 2020

Next due date

Next time: Wednesday, December 27, 2020, 2:00 p.m. (Courtroom 103)

Submitted documents, etc.

Plaintiff: 8th Preparatory Document (dated September 8, 2020), 9th Preparatory Document (dated 15th of the same month), 8th Preparatory Document Correction Petition, Ko 165

Defendant country: Preparatory document (5) (dated September 8, 2020)

Defendant Tokyo: Preparatory document (5) (dated September 15, 2020, Otsu 15 to Otsu 16-4)

Dates Summary

Court: First, we will check the submitted documents. Since the plaintiff has submitted the 8th Preparatory Document, we will make a statement after filing a motion for correction. The ninth preliminary document is also a statement. The defendant state's preliminary document (5) and the defendant capital's fifth preliminary document will be used as statements.

The plaintiff has submitted Exhibit A No. 165, and the defendant has submitted Exhibits Otsu No. 15 and No. 4, Exhibit Otsu No. 16, and we will use each as evidence for impeachment.

The plaintiff's motion for an order to produce documents is dismissed as unnecessary.

The sentencing will take place on Wednesday, December 27th at 2pm in Courtroom 103.

that's all

case number

 2022 (wa) No. 30955

 National compensation claim case 

Parties

 Plaintiff: Aishima ●● and 2 others

 Defendant: Country 

Case name

National compensation claim case

due date

 June 6, 2023 (Tue) 15:00-15:15 

next due date

 Next time: August 31, 2023 (Thursday) 11:00 am 

 Document submission deadline: Plaintiff 6/20, Defendant 8/24 

Documents to be submitted, etc.

 Plaintiff: petition for change of lawsuit, first brief, written evidence, B1-3 

 Defendant: Evidence document, Otsu A4-2, Otsu A22, medical history list

 event number 

 Reiwa 4th (ワ) No. 30955

 State Compensation Request Event 

 parties involved 

 Plaintiff: Aishima  2 others

 Defendant: State 

 event name 

 State Compensation Request Event 

 due date 

 April 12, 2023 14:00-14:30 

 next return date 

 Second time: June 6, 2023 15:00 

 propose books, etc. 

 Plaintiff: Ko A3~A6 

 Defendant: Prepare written documents (1), Otsu A1-1~21, Otsu B1,Otsu C1~5

case number

Reiwa 3rd Year (Wa) No. 23302

Parties

Plaintiffs: Okawara Kakoki Co., Ltd. and five others

Defendant: Country, Tokyo

Case name

National compensation claim case

due date

9th meeting date (scheduled meeting date, argument date)

From 10:30 on Friday, June 2, 2023 (progress consultation date)

From 11:15 (oral argument date)

next due date

Interrogation date: From 13:30 on Friday, June 16, 5th year of Reiwa

From 13:30 on Friday, June 23, 2023

From 10:00 on Friday, June 30, 2023

From 10:00 on Wednesday, July 5, 2023

Closing date of argument: From 13:30 on Friday, September 15, 2023

Documents to be submitted, etc.

Plaintiff: None

Respondent country: Statement of Evidence (4), Hei 32-38

Defendant Tokyo: Explanation of Evidence (7), Otsu 14

Summary of the progress of the date

―Date of discussion on proceedings―

Court: Commencement proceedings date. I have submitted a statement. For documentary evidence to be presented at the interrogation, please make four copies of the relevant pages in advance and submit them immediately before the interrogation. The record is huge and it takes a long time to find it.

Plaintiff: Does that mean that the documentary evidence to be presented at cross-examination is scheduled?

Court: That's fine.

Respondent: What time and place will the interrogator come?

Court: Please come to the courtroom waiting room 30 minutes before your scheduled hearing. 

Defendant  Prefecture: For example, ●●'s summons is written at 10:00, but does that mean that he should come 30 minutes before the actual scheduled interrogation time? 

Court: Yes. 

Defendant  Prefecture: Understood.

Court: Personal identification will be conducted according to the document sent in advance. Do you have any other confirmations?

Both sides: No.

Court: That concludes the proceedings discussion date.

―End of deadline for discussion―

―Date of Oral Argument―

Court: Commence the due date. Respondent country may state brief (4).

Defendant: I will make a statement.

Court: In terms of evidence, the defendant city has submitted Otsu 14, and the defendant country has submitted defendants Hei 32-38. Will the plaintiff verify the original of the declaration?

Plaintiff: No confirmation of the original is required.

Court: Well then, the next hearing will be on June 16th at 13:30 as before, and we will interrogate Mr. Okawara and Mr. Aishima.

that's all

due date

8th meeting date (scheduled meeting date, argument date)

From 13:30 on Friday, April 28, 2023 (due for progress discussion)

From 14:30 (oral argument date)

next due date

Next time: Friday, June 2, 2023, from 10:30 a.m. on the proceedings discussion date, and from 11:15 a.m. on the oral argument date

Interrogation date: From 13:30 on Friday, June 16, 5th year of Reiwa

From 13:30 on Friday, June 23, 2023

From 10:00 on Friday, June 30, 2023

From 10:00 on Wednesday, July 5, 2023

Closing date of argument: From 13:30 on Friday, September 15, 2023

* Respondent country: Deadline for submission of briefs, two public prosecutors and statements by Mr. 5/26

* Defendant City: Deadline for submission of statement by Mr. 5/26

Documents to be submitted, etc.

Plaintiff: Statement of Evidence, Statement of Evidence (6), Statement of Evidence (7), A152 to A163

Respondent country: written opinion on submission of evidence, written submission of evidence

Defendant Tokyo: Statement of Evidence, Statement of Evidence (5), Statement of Evidence (6), Otsu 9-13

Summary of the progress of the date

―Date of Oral Argument―

Court: We have changed judges during the period, so we will update the argument. The plaintiff has submitted from A153 to A163 as evidence. The defendant capital has submitted Otsu 9 to Otsu 13 as evidence.

With regard to personal identification, we have received applications from each country, and the defendant country has submitted a written opinion, so we will make a decision to adopt the personal identification. The schedule for each question is as follows.

13:00 on June 16th

Mr. Ogawara (accompanying) Plaintiff 30 minutes, Defendant 30 minutes, Defendant 10 minutes

Mr. Aijima (accompanying) Plaintiff 15 minutes, Defendant 15 minutes, Defendant 10 minutes

June 23, 13:00-

Mr. Shimada (accompanying) Plaintiff 40 minutes, Defendant 40 minutes, Defendant 10 minutes

Mr. ●● (call) Defendant: 40 minutes, Plaintiff: 40 minutes, Defendant: 10 minutes

June 30, 10:00~

Mr. ●● (call) Defendant: 10 minutes, Plaintiff: 40 minutes, Defendant: 10 minutes

Mr. ●● (call) Defendant: 10 minutes, Plaintiff: 40 minutes, Defendant: 10 minutes

13:30-

●● (call) Defendant: 20 minutes, Plaintiff: 40 minutes, Defendant: 10 minutes

Mr. ●● (call) Defendant: 40 minutes, Plaintiff: 40 minutes, Defendant: 15 minutes

10:00 on July 5th

●● (accompanied) Defendant: 20 minutes, Plaintiff: 40 minutes, Defendant: 15 minutes

Mr. ●● (call) Defendant: 20 minutes, Plaintiff: 40 minutes, Defendant: 15 minutes

13:30-

●● (accompanied) Defendant: 30 minutes, Plaintiff: 40 minutes, Defendant: 5 minutes

●● (accompanied) Defendant: 20 minutes, Plaintiff: 40 minutes, Defendant: 5 minutes

Court: The defendant country submitted a rebuttal to the 7th brief submitted by the plaintiff, statements by two public prosecutors, and Mr. ●●'s statement, and the defendant capital submitted Mr. ●●'s statement by May 26 please.

The next meeting will be held on June 2nd at 10:30 a.m. for proceedings, and at 11:15 a.m. for oral arguments. The closing date for arguments will be held at this court from 1:30 p.m. on September 15th.

that's all

due date

7th meeting date (scheduled meeting date, oral argument date)
 March 1, 2020 (Wednesday) from 10:30 to 11:20

next due date

Next time: April 28, 2020 (Friday) From 13:30 on the proceedings discussion date, from 14:30 on the oral argument date

One after another: June 2, 2020 (Friday) From 10:30 on the proceedings consultation date, from 11:15 on the oral argument date

Interrogation date: Afternoon of Friday, June 16, 2023
Afternoon of Friday, June 23, 2023
All day Friday, June 30, 2023
 July 5, 2020 (Wednesday) all day

*Deadline for submission of statement

4/21 for those who are planning to adopt a personal identification for the first two days

Those who are planning to adopt a personal identification for the second half of the second period are on 5/26

* Recorded data, excluding impeachment evidence, will be submitted by us as soon as possible.

Documents to be submitted, etc.

Plaintiff: Party inquiry form (dated January 30, 2023), administrative communication (memo) (dated February 10, 2023), administrative communication (memo) (dated February 13, 2023), 6 Briefing Document (dated February 20, 2023), 7th Briefing Document (dated February 27, 2023), Written Opinion (dated February 27, 2023), Inquiry Form (dated the same date), Statement of Evidence (4) (Dated February 20, 2020), Evidence Explanation (5) (Dated February 27, 2023), Ko 148-151

Defendant: Written reply (dated February 10, 2023), written opinion on petition for order to submit documents (dated February 24, 2023), brief (4) (dated March 1, 2023) , Written opinion on personal evidence (same date)

Respondent country: Written opinion on petition for order to submit documents (dated February 24, 2023), written evidence (3) (January 31, 2023), Hei 30-31

Summary of the progress of the date

Court: I've changed the judge for the date, so I'll update the arguments. First, check the submitted documents. The plaintiff's 6th brief (dated February 20, 2020) and 7th brief (same date) shall be the statements. Defendant Capital's brief (4) (dated March 1, 2023) is taken as a statement. As for the evidence, Ko 148 to Ko 151 and Hei 30 and 31 have been submitted. Ko 150 will be changed from the original to a copy. Regarding the clarification demanded by the defendant city, if the plaintiff has a recording that is scheduled to be submitted, please submit it as soon as possible, excluding the recording used as impeachment evidence.
Respondents are requested to submit counterarguments to Plaintiffs' No. 7 Brief by May 26.
The interrogation dates are June 13th afternoon, June 16th afternoon, all day June 30th, and all day July 5th.
Of the personal identifications, those who are scheduled to be hired in the first half should submit a written statement by April 21st. For those who are scheduled to be hired in the second half, please submit by May 26th. The official recruitment of personal identifications and the order and time will be decided on April 28th.
 If there is a need for the trial, we may employ additional witnesses, but as a current image, if we can get a conviction from the interrogation, we would like to submit the final brief by the end of August and make a judgment by the end of the year. .

Respondent: Please allow me to consider whether the final brief can be handled within the current schedule.

Court: I believe that one and a half months from the date of the interrogation will be sufficient. Even if I postpone it, it will be the beginning of September.

Respondent country: We will consider the timing of receipt of the interrogation report.

that's all