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Article 57
Unless otherwise provided, a pleading submitted by a party shall indicate the following matters:
1. The full name and domicile or residence of the parties; in the case of a juridical person, government agency or other associations, its name, location, principal office or place of business;
2. In case the party has a statutory agent, representative or administrator, their full name and domicile or residence;
3. In case the party retains an advocate, the full name and domicile or residence of the advocate.
4. Any statement required to be made in the pleading;
5. Factual and legal statement;
6. The evidence necessary to prove the fact or to make a preliminary showing;
7. The annexed documents and the numbers thereof;
8. The administrative court; and
9. The date.
Where appropriate, the pleading may indicate the date of birth, occupation, identity document number, business administration number and telephone number of the parties, their statutory agent, representative, administrator or advocate, and the relationship between the statutory agent, representative or administrator and the juridical person, government agency or association and other identity information.
The format of a pleading and its manner of indication shall be prescribed by the Judicial Yuan.
The parties may submit the pleading to the administrative court through transmission via technological devices; the scope, procedure, effect and other implementation rules shall be prescribed by the Judicial Yuan.
If the pleading submitted by the parties fails to comply with the rules prescribed in accordance with the preceding paragraph, the transmission shall have no effect of submission of pleadings.
Article 59
Articles 118 to 121 inclusive of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances prescribed in this Section.
Article 73
Where service cannot be effectuated in accordance with the provisions of the two preceding Articles, it may be effectuated by depositing the paper with the autonomous agency or police department at the place where the service shall be effectuated. In such cases, two copies of notice of service shall be made with one copy posted on the front gate of the domicile or residence, office, or place of business of the person to be served and the other copy left with his/her neighbor for delivery or placed in the mailbox or any other appropriate location of the place of service.
In cases of the preceding Paragraph, if the postman is the person who effects service, the service may be effectuated by depositing the paper at a neighboring post office.
Service by deposit shall take effect ten days from the day of the deposit.
The depository agency or institute shall keep the deposited paper for two months from the day of deposit.
Article 82
Service by constructive notice shall take effect twenty days from the date of posting the notice or summons on the administrative court's announcement site or the court's website, and in case of publication in an official gazette or newspaper, from the last day of such publication; where service is effectuated in accordance with Subparagraph 3 of the preceding Article, such service shall take effect sixty days thereafter. Nevertheless, service effectuated by constructive notice upon the same party shall take effect the day after the date on which the notice is posted on the court's announcement site.
Article 83
Upon consent by the relevant litigation person, the litigation documents may be transmitted through technological devices and the transmission has the same effect of service or notice.
The scope, procedure, effect and other implementation rules of the preceding paragraph shall be prescribed by the Judicial Yuan.
Article 126, Article 131, Article 135, Article 141, Article 142, Article 144, Article 148, Article 151and Article 153 of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances prescribed in this Section.
Article 98-6
Unless otherwise provided in applicable laws, the collection of the following items and their standards shall be prescribed by the Judicial Yuan:
1. Fees for photocopies, video recording, transcripts, translation, transportation, posting on the administrative court's website and publication in official gazettes and newspapers;
2. Daily fees and travel expenses of witnesses and interpreters;
3. Daily fees, travel expenses, compensation of expert witnesses and necessary fees for expert testimony; and
4. Other necessary fees for conducting acts of litigation and compulsory execution.
Fees for service effected by mail or telecommunication, and fees for meals, accommodation and transportation as incurred by personnel of administrative courts for conducting acts of litigation outside the courtroom shall not be collected additionally.
Article 130-1
If there are available technological audio-visual transmission devices between the place of residence or location of the parties, their representative, administrator, advocate, assistant, witness, expert witness or other related persons, or the court located at that place and the administrative court, which can be used by the court to examine the case directly, and the administrative court considers it appropriate, it may, on motion or on its own initiative, use the devices to examine the case.
In the circumstances provided in the preceding Paragraph, the location at which the parties shall appear that is indicated in the summons for the session shall be the location of such devices.
The transcript and other documents to be signed by the person who makes the statement for the procedure conducted in accordance with Paragraph 1, shall be transmitted by the administrative court to the place where the person who makes the statement locates; and after such transcripts and documents have been confirmed and signed by the person who makes the statement, the transcript and documents shall then be transmitted back to the administrative court via telefax or other technological devices.
The implementation regulations for the examination as provided in Paragraph 1 and the transmission of documents as provided in the preceding Paragraph shall be prescribed by the Judicial Yuan.
Article 176
Article 215, Articles 217 to 219 inclusive, Article 278, Article 281, Article 282, Articles 284 to 286 inclusive, Articles 291 to 293 inclusive, Article 295, Article 296, Article 296-1, Articles 298 to 301 inclusive, Article 304, Article 305, Article 309, Article 310, Article 313, Article 313-1, Articles 316 to 319 inclusive, Article 321, Article 322, Articles 325 to 327 inclusive, Articles 331 to 337 inclusive, Article 339, Articles 341 to 343 inclusive, Articles 352 to 358 inclusive, Article 361, Articles 364 to 366 inclusive, Article 368, Articles 370 to 376-2 inclusive of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances provided in this Section.
Article 194-1
Where a party refuses to present any argument in the oral-argument session, such refusal shall be deemed as failure to appear.
Article 209
Judgment shall be made in a written form, indicating the following matters:
1. The full name and domicile or residence of the parties; in case of a juridical person, agency or association, its name and location, principal office or place of business;
2. The full name and domicile or residence of such party's statutory agent, representative or administrator;
3. The full name and domicile or residence of the advocate, if any;
4. In the case of a judgment based on oral argument, the date of the conclusion of the oral argument session;
5. The main text;
6. The facts;
7. The reasons;
8. The date, month and year; and
9. The administrative court.
Under the heading "facts", the parties' statements and purport of the means of attack or defense presented at the oral-argument sessions shall be indicated; when necessary, pleadings, transcripts and other documents may be appended to the judgment.
Under the heading "reasons", the court's opinion on the means of attack or defense and legal opinion shall be indicated.
Article 210
Authenticated copies of the judgment shall be served upon parties. Upon consent by the party to be served, authenticated copy of the judgement can be a record in electronic form, except that service of judgement upon a prisoner cannot be made by delivering electronic record.
The service provided in the preceding Paragraph shall be effectuated no later than ten days from the day when the administrative court clerk received the original copy of the judgment.
Where an appeal may be taken from a judgment, the period of time within which an appeal may be taken, and the administrative court to which the appeal pleading shall be submitted, shall be indicated in the authenticated copies of the judgment to be served upon the parties.
Where the period of time notified in the preceding Paragraph is incorrect and is shorter than the period fixed in applicable laws, such legally prescribed period shall prevail. Where the period of time notified is longer than the period fixed in applicable laws, the administrative court clerk shall issue a notice to rectify the time period no later than twenty days after the authenticated copy of the judgment is served and the period fixed in applicable laws shall run from the date after the notice to rectify the time period is served.
Where a party does not observe the period for taking an appeal from a judgment due to the failure by the administrative court to notify in accordance with Paragraph 3, or in case of error of notification, a notice to rectify was not issued in accordance with the preceding Paragraph, it should be regarded as a reason not imputable to such party and such party may move for restoration to status quo ante within one year after the judgement is served in accordance with Article 91.
Article 218
Article 244, Article 227, Article 228, Article 230, Article 232, Article 233, Article 236, Article 237, Article 240, Article 385, Article 386, Article 388, Paragraphs 1 and 2 of Article 396, and Article 399 of the Code of Civil Procedure shall apply mutatis mutandis to the circumstances as provided in this Section.
Article 229
Cases applying the summary proceeding shall be subject to the jurisdiction of the administrative litigation division of the district court in the first instance.
A summary proceeding as provided in this Chapter shall apply to the following administrative litigations unless otherwise provided in this Act:
1. Litigations with regard to tax collection where the taxed amount is not more than NT$400,000;
2. Litigations with regard to objections to an administrative fine imposed by a government agency where the amount of fine is not more than NT$ 400,000;
3. Other litigations with regard to proprietary rights under public law where the price or claim value is not more than NT$ 400,000.
4. Litigations with regard to objections to disciplinary warnings, reprimands, recording of points for violation, recording of times of violation; reformatory courses, supplemental training classes or other similar minor disciplinary actions imposed by an administrative agency;
5. Litigations with regard to detention sanction cases concerning the National Immigration Agency, Ministry of the Interior, (hereinafter "the National Immigration Agency") or a joint claim for damage award or other pecuniary award; and
6. Other circumstances that the summary proceeding shall apply pursuant to applicable laws.
Where necessary, the Judicial Yuan may order a reduction in the amount provided in Paragraph 1 to NT$ 200,000 or increase it to NT$ 600,000.
For case as provided in the Subparagraph 5 of Paragraph 2, it shall be subject to the jurisdiction of the administrative litigation division of the district court where the place that the person is or was detained and Article 13 shall not apply. But for person who has never been detained before, the case shall be subject to the jurisdiction of the administrative litigation division of the district court where the defendant agency is located.
Article 237-1
Traffic adjudication cases regulated by this Act refer to the following matters:
1. A litigation of revocation or a litigation for declaratory judgment initiated against the decisions made pursuant to Article 8 and Paragraph 6 of Article 37 of the Road Traffic Management and Penalty Act;
2. A joint claim demanding for retrieval of the paid administrative fine, withheld driver license, taxi driver business registrations or vehicle license plates, that are related to the decision provided in the preceding Subparagraph.
Where a litigation other than the litigations provided in the preceding Paragraph is initiated jointly, such litigation should be governed by the respective summary proceeding or ordinary proceeding.
Article 237-2, Article 237-3, Paragraphs 1 and 2 of Article 237-4 shall apply mutatis mutandis to the circumstances provided in the preceding Paragraph.
Article 237-12
When the administrative court reviews the cases concerning an objection against the detention sanction, a petition to continue the detention sanction or a petition to extend the detention period, the court shall examine the person detained; the National Immigration Agency shall also appear to present its statement.
When the administrative court reviews the cases as provided in the preceding Paragraph, the court may seek opinion of the National Immigration Agency, Ministry of the Interior, to explore the possibility of other alternative measures in lieu of a detention sanction in order to consider the necessity of the detention sanction.
Article 237-13
After the administrative court determines to continue the detention or to extend the detention period, the person detained and the person who is eligible to raise an objection against the detention sanction may move the court to cease the detention sanction alleging that the grounds for detention have vanished, there is no necessity for detention or there are reasons that detention shall be prohibited.
When the administrative court reviews the cases as provided in the preceding Paragraph and deems it necessary, the court may examine the person detained or to seek opinion of the National Immigration Agency; in such circumstances, Paragraph 2 of the preceding Article shall apply mutatis mutandis.
Article 237-15
Where the administrative court renders a ruling to continue the detention or to extend the detention period, the court shall announce the decision during the court hearing prior to the expiration of the detention period or serve the authenticated copy of the ruling on the person detained. If the court fails to conduct the actions prior to the expiration of the detention period, it should be regarded that the ruling which orders to continue the detention or to extend the detention period is revoked.
When the authenticated copy of the preceding paragraph is made in electronic files, the court shall request the chief officer at the detention place to print out a copy of the ruling and serve the same on the person detained to effectuate service.
Article 237-16
Where the petitioner, the person against whom the ruling is rendered or the National Immigration Agency is not satisfied with the ruling rendered by the administrative litigation division of the district court, an appeal against the ruling shall be filed to the High Administrative Court with jurisdiction within five days after the ruling is served. No appeal may be taken from the ruling rendered by the appellate court.
Unless otherwise provided in the preceding Paragraph, Part 4 shall apply mutatis mutandis to appeal from rulings.
Where a ruling concerning detention sanction case becomes binding and there are circumstances provided in Article 273, motions for rehearing may be initiated, in which Part 5 shall apply mutatis mutandis.