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

 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 

 February 27, 2023 10:30-10:45 

 next return date 

 Second time: 14:00 on April 12, 2023

 propose books, etc. 

 Plaintiff: Plaintiff: Complaint, Ko A1-1～Ko C-24 

 Defendant: defendant's answer

case number

Reiwa 3rd Year (Wa) No. 23302

Parties

Plaintiffs: Okawara Kakoki Co., Ltd., Mr. Okawara, Mr. Shimada, Mr. Aishima, etc.

Defendant: Country, Tokyo

Case name

National compensation claim case

Deadline

6th date (Date for argument)
 From 10:30 on Friday, January 27, 2023

next due date

Next time: March 1, 2020 (Wednesday) From 10:30 on the day of proceedings, from 11:15 on the date of oral argument, courtroom 712

One after another: April 28, 2020 (Friday) From 13:30 on the discussion date, from 14:30 on the oral argument date, location undecided

* Our document submission deadline is 2/20.

* Defendants' response deadline for the petition for the order to submit documents is 2/24

*Declaration 4/14 regarding personal identification of the accompanying person

Documents to be submitted, etc.

Plaintiff: Petition for document submission order (dated January 23, 2023)

Defendant Tokyo: Brief (3) (dated January 27, 2023), Explanation of Evidence (4) (same date), Otsu 5-4 to Otsu 5-5

Summary of the progress of the date

Court: First, we will check the submitted documents. The plaintiff submitted a petition for an order to submit documents (dated January 23, 2023), and the defendant capital issued a brief (3) (dated January 27, 2023), an explanation of evidence (4) (same date), Otsu 5-4 to Otsu 5-5 has been submitted. By when can I receive a response to the petition for order to submit documents?

Defendant: Could you give me two months and set March 27 as the deadline?

Respondent Country: Although the Respondent Country is not the holder of the document, it would like to consider its necessity and relevance, so please do so by March 27.

Plaintiff: We believe that two months is too long after this, as it is a motion related to the memorandum that has already been at issue.

Court: At the next meeting (March 1), we plan to discuss the scope and schedule of the subject of the testimony, but we would like to discuss this after all opinions regarding the document submission order have been gathered. It will be enough if you claim whether or not it falls under the grounds for exemption from the document submission order, so please do so by February 24th.

Capital/Country: Submit by February 24th if possible. I may add my opinion later.

Court: Plaintiffs have until February 20th to refute defendants' allegations.

Plaintiff: I object to defendant capital's brief (3) submitted on this date.

Court: Each must submit a statement to be accompanied by April 14th. As for personal identification, who is the plaintiff supposed to be?

Plaintiff: We are planning to accompany plaintiff Mr. Okawara, plaintiff Mr. Shimada, plaintiff Mr. Aijima (one of them), and an employee of the plaintiff company who is familiar with technology.

Court: Are plaintiffs not enough on the technical point?

Plaintiff: We will consider it. In addition to the bank, Mr. ●● from the Ministry of Economy, Trade and Industry and Mr. Systec ●● were involved in the legislation. And Professor ●●. How many investigators of the Ministry of Public Security were there at the time regarding violations of duty of care regarding legal interpretation? Also, we are planning to have ●● prosecutor, who filed a lawsuit, and ●●, who canceled the lawsuit.

Court: Understood. Defendants should be prepared to discuss the need for these testimonies.

that's all

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

Deadline

Fifth date (Date for argument)
 Friday, November 11, 2020, from 10:30 to 10:40

Attendees

Plaintiffs: Mr. Okawara, Mr. Shimada, Mr. (Sen) Aishima,

Agents: Takada, Kawamura, Wagatsuma, Yamashiro, Miki

Respondent country: number of designated representatives

Defendant Tokyo: Number of designated representatives

next due date

Next time: January 27, 2020 (Friday) 10:30 am (Court No. 712)

One after another: March 1, 2020 (Wednesday) at 10:30 a.m. (*The date for proceeding discussions regarding the examination of witnesses will start at 10:30, and the date for oral argument will start at 11:15. The location is undecided, and the court will contact you as soon as it is decided.) )

* Deadline for submission of documents by defendant city 1/16

* Our document submission deadline is 2/20.

Documents to be submitted, etc.

Plaintiff: Opinion (dated November 7, 2020), Fifth Brief (same date)

Respondent country: Written Opinion (dated October 31, 2022), Brief (3) (same date), Statement of Evidence (2) (same date), Statement of Evidence (C-A) (same date), C-28-29, Hei A1 to Hei A156

Defendant Tokyo: Opinion ⑵ (dated November 11, 2020), Evidence Explanation ⑶ (same date), Exhibit 8-1 to Exhibit 8-49

Others: Response to commissioned survey (Ministry of Economy, Trade and Industry) (Dated September 14, 2022)

Summary of the progress of the date

Court: First, we will check the submitted documents. A written opinion from the plaintiff (dated November 7, 2022), 5th brief (same date), a written opinion from the defendant country (dated October 31, 2020), brief (3) (same date), evidence Explanation (2) (same date), Explanation of Evidence (Hei A) (same date), Hei 28 to 29, Hei A1 to Hei A156, written opinion (2) from the Defendant Capital on the petition for commission of investigation (November 2022) 11), Document of Evidence (3) (same date), and Otsu 8-1 to Otsu 8-49 have been submitted. In addition, we have received a response (dated September 14, 2020) from the Ministry of Economy, Trade and Industry to the commissioned investigation, so is it okay to declare it? (* It is necessary to confirm that the response to the commissioned investigation will be used as evidence on the date. This is called "revealing.")

Each Party: Yes.

Court: Concerning the delivery commission filed by the plaintiff, since the delivery commissions 1 and 5 were submitted as evidence by the defendants, is it correct to withdraw them?

Plaintiff: Retract.

Court: The Defendant City replied that the delivery commission 3 does not exist. The plaintiff bears the burden of proof of its existence, so we will not adopt it at this stage. In addition, sending commission 4 is not adopted because it has no relevance to the issue. We believe that submission 2 is related to the disputed issue of the interpretation of Requirement C. Can a voluntary submission from the defendant be considered?

Respondent country: I think it is unnecessary because it is irrelevant to the issue.

Court: If you don't submit it voluntarily, we will decide to adopt the sending commission 2.

Respondent State: The opinion of the Respondent State is as I have just stated.

COURT: Then we accept the sending commission 2. By the next date, the defendant city will make an objection to the plaintiff's preliminary documents (2) to (4), and after that, the plaintiff will make another objection by the next date. How much does the defendant city need to prepare?

Defendant: Could you set the deadline for submitting the documents to the end of January 2023?

Court: Please submit by January 16th, as this is not a counterargument to a newly submitted document on this date.

Defendant: Understood.

Court: I appoint the next date to be January 27th at 10:30 am. How prepared should the plaintiff be to re-rebut?

Plaintiff: I will prepare the contents of defendant capital's counterargument, so I will submit the document in about a month.

Court: Then, we will set the deadline for the plaintiff's submission of documents as February 20th and the next round as March 1st. Before the next meeting, we will hold a meeting to discuss proceedings and discuss who will be the witnesses for each issue, so please consider this in advance. The proceedings consultation date will start at 10:30 and the argument date will start at 11:15.

that's all

Deadline

4th deadline (discussion date)
 From 10:40 to 10:50 on Wednesday, July 13, 4th year of Reiwa

Next due date

Friday, November 11, 4th year of Reiwa 10:30

Documents to be submitted, etc.

Plaintiff: 1st Brief to 4th Brief, Opinion, Exhibit Ko No. 127 ~ 143

Defendant country: Opinion, escalation

Defendant Tokyo: Statement of Appeal, Statement of Opinion on Request for Investigation

Due date

Court: First, the plaintiff has submitted the 1st to 4th briefs and Exhibits A127-143.
Please state the 1st and 2nd briefs.
The third brief is an addition to the cause of the claim, but I think that the identity of the basis of the claim is not recognized, so I would like you to file a separate complaint. Also, I would like you to consider the damage separately. Regarding the merger hearing, the defendant will consider it if it is appropriate.
The 4th brief is an opinion on the commission to send the document, so it will not be treated as a statement.
Next, regarding the issue of this case, I confirmed that the long-term interrogation of plaintiff Shimada was not an issue. In addition, we also confirmed that among the issues, those related to the identification of the part where the temperature inside the spray dryer does not rise will be corrected as described in the Defendant's petitions.
Next, regarding the matter of commissioned investigation, we will adopt the investigation item ⑴, we will not adopt ⑵ and ⑶ as the necessity is unknown at this time, and we will not adopt ⑷ and ⑸ because it is appropriate to cross-examine witnesses.
Lastly, regarding the commission to send documents, the plaintiff has issued a document about the necessity this time, so the defendants should consider voluntary disclosure based on that. For items that are difficult to disclose voluntarily, please submit a brief to that effect in the form of a brief or escalation. For items that are voluntarily disclosed, I would like to ask the plaintiff to create and organize a checklist in cooperation with the plaintiff.
 Next time, I will argue with the defendants, but how long is the preparation period required?

Defendant Country: The plaintiff's allegations are exhaustive, and it is necessary to consider how to respond to the commission to send documents, so I would like to ask for your time until October 31st.

Defendant Tokyo: Based on the counterarguments of the defendant country, I would like to refute one after another. Since it is possible to consider the counterargument itself, the period from the next time to the next time will not be necessary so much.

Court: I see.
 The next deadline will be November 11th (Friday) at 10:30 am, so the defendant country is requested to submit in writing by October 31st.

that's all