Regulations Governing Court's Handling of Remote Interrogation in Intellectual Property Case
2008-04-23
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Article 1
These Regulations are enacted pursuant to Paragraph 5, Article 3 of the Intellectual Property Case Adjudication Act (hereinafter referred to as the "Act").
Article 2
For purpose of these Regulations, remote interrogation means the court may directly conduct interrogation of a case upon motion or ex officio by using technological equipment that enables the live transmission of voice and image of a trial on the premises of the parties of an intellectual property case, its representatives, agents, advocates, assistants ad litem, witnesses, expert witnesses or other related parties to the action, government agency, and the court where the intellectual property action is pending.
Prior to the commencement of the remote interrogation as described in the preceding paragraph, the court shall consider the objective environment of the party to be interrogated and seek the opinion of the parties.
Prior to the commencement of the remote interrogation as described in the preceding paragraph, the court shall consider the objective environment of the party to be interrogated and seek the opinion of the parties.
Article 3
Where equipment enabling remote interrogation is available at the government agency of the premise of the party being interrogated or other appropriate place, the court may coordinate the business condition of the agency or place to facilitate the interrogation.
If there is no such equipment on the premise of the party being interrogated, the court may use the remote interrogation equipment at the court or prosecutor's office of the place of the party being interrogated for interrogations.
If there is no such equipment on the premise of the party being interrogated, the court may use the remote interrogation equipment at the court or prosecutor's office of the place of the party being interrogated for interrogations.
Article 4
Subject to the business condition, the court may designate a period of time of the courtroom where remote interrogation may take place to be used exclusively for the remote interrogation. Each session lasts half an hour. Up to two sessions may be reserved for each interrogation. The interrogation time may be extended if necessary upon approval by the head of the interrogation agency or his or her authorized person.
Article 5
Before the commencement of the remote interrogation, the judge may authorize the court clerk to use the remote interrogation scheduling system and sign up for use of the interrogation facility by 3pm of the day immediately before the interrogation date and notify the court, government agency and other place at the other end of the interrogation and request the party being interrogated to appear before the designated place on time.
The restrictions in the preceding paragraph do not apply if an urgent interrogation is required due to the nature of a case, provided the court conducting the interrogation shall coordinatewith the court, prosecutor's office, government agency or other places at the other end of the interrogation.
For the scheduling of interrogation sessions in preceding paragraph, facilities shall be provided for use on a first-come-first-serve basis. If all sessions in a single day have been booked, no more signing up will be accepted.
The restrictions in the preceding paragraph do not apply if an urgent interrogation is required due to the nature of a case, provided the court conducting the interrogation shall coordinatewith the court, prosecutor's office, government agency or other places at the other end of the interrogation.
For the scheduling of interrogation sessions in preceding paragraph, facilities shall be provided for use on a first-come-first-serve basis. If all sessions in a single day have been booked, no more signing up will be accepted.
Article 6
Where the signature of the party being interrogated is required on the transcript of remote interrogation proceedings and other documents, the court conducting the interrogation shall transmit the document to the premises of the party being interrogated. After verifying the contents of the transcript and signing thereon, the party being interrogated shall telefax or transmit the transcript to the court via other technological equipment. The original copy shall be sent back subsequently.
Where an affidavit of the party to be subject to remote interrogation is required by law, the party or the agency at the other end of the interrogation shall send the affidavit to the judge conducting the interrogation by telefax or transmit via other technological equipment. The original copy shall be returned subsequently.
Where an affidavit of the party to be subject to remote interrogation is required by law, the party or the agency at the other end of the interrogation shall send the affidavit to the judge conducting the interrogation by telefax or transmit via other technological equipment. The original copy shall be returned subsequently.
Article 7
After the end of a remote interrogation, a witness or expert witness may fax a claim form together with the receipts for daily fees and travel expenses to the court conducting the interrogation. Upon verification and approval, the court conducting the interrogation shall remit the money to the witness or expert witness by post or directly to his or her financial institution account.
The daily fees and travel expenses in the preceding paragraph shall be based on the witness or expert witness's travel to the place of interrogation.
The daily fees and travel expenses in the preceding paragraph shall be based on the witness or expert witness's travel to the place of interrogation.
Article 8
The court conducting the interrogation and the court or agency at the other end shall both appoint court attendants or staff to be in charge of the following:
1. Turn on and/or off, keep and maintain the court video conferencing equipment;
2. Use the remote interrogation scheduling system to print out the court session schedule and post it outside the courtroom;
3. Assist in operating the video conferencing equipment during remote interrogation session;
4. Fax the affidavit, transcript of interrogation and other documents and mail the original copies of the above within one week after they are faxed, as described in Article 6, to the court conducting interrogation;
5. Assist in faxing receipts of daily fees and travel expenses incurred by witnesses and expert witness as described in Article 7; and
6. In the event of the breakdown of video conferencing equipment or the equipment becomes inoperable due to other reason, specify the out-of-service time in the remote interrogation scheduling system and notify the judges or court clerks who have signed up in the system.
1. Turn on and/or off, keep and maintain the court video conferencing equipment;
2. Use the remote interrogation scheduling system to print out the court session schedule and post it outside the courtroom;
3. Assist in operating the video conferencing equipment during remote interrogation session;
4. Fax the affidavit, transcript of interrogation and other documents and mail the original copies of the above within one week after they are faxed, as described in Article 6, to the court conducting interrogation;
5. Assist in faxing receipts of daily fees and travel expenses incurred by witnesses and expert witness as described in Article 7; and
6. In the event of the breakdown of video conferencing equipment or the equipment becomes inoperable due to other reason, specify the out-of-service time in the remote interrogation scheduling system and notify the judges or court clerks who have signed up in the system.
Article 9
The court shall report the name, title and telephone number of the court attendants or staff or their agents responsible for matters listed in the preceding clause to the information management department of the Judicial Yuan, which shall also be notified of any change in the above information.
Article 10
For matters not provided for in these Regulations, the Guidelines for Courts of All Grades Handling Remote Interrogation in Civil Actions, the Regulations Governing Remote Interrogation in Criminal Actions, and the Operation Points for Expansion of Scope of Court's Remote Interrogation in Criminal Case shall apply.
Article 11
These Regulations shall come into effect as of the date the Act comes into effect.