Regulations Governing the Selection of Attorney as Agent ad litem in Commercial Cases
2021-05-10
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Article 1
These Regulations are formulated in accordance with the provisions of Paragraph 1 of Article 10 of the Commercial Case Adjudication Act (hereinafter referred to as "this Act").
Article 2
An attorney selected by the Supreme Court, and the Intellectual Property Court and the Commercial Court (hereinafter jointly referred to as "the Court") as an agent ad litem for the party or related party in accordance with the provisions of Paragraph 3 of Article 6 of this Act shall practice as an attorney with specialized knowledge and experience in commercial cases for more than five years and without any circumstance as specified in all the subparagraphs of Paragraph 1 of Article 5 of the Attorney Regulation Act, or a disciplinary action towards attorney.
For those who have served as judges or prosecutors, the years of their service as judges or prosecutors shall be included into the years of service as the attorney during the term of office.
The Court may give the attorney to be selected an opportunity to be heard before the Court decides on the selection as described in the first paragraph.
For those who have served as judges or prosecutors, the years of their service as judges or prosecutors shall be included into the years of service as the attorney during the term of office.
The Court may give the attorney to be selected an opportunity to be heard before the Court decides on the selection as described in the first paragraph.
Article 3
An attorney with specialized knowledge and experience in commercial cases mentioned in the preceding Article refers to one of the following circumstances:
1. Acted as a judge or prosecutor who has handled a commercial case or a major financial criminal case listed in Article 2 of this Act.
2. Served as an agent ad litem in a commercial case listed in Article 2 of this Act, a defender in a major financial criminal case, or an arbitrator or agents in the arbitration proceeding of a commercial case.
3. Authored a book or a paper of more than 10,000 words on legal issues related to commercial regulations listed in Paragraph 2 of Article 2 of this Act.
4. Concurrently serving or served as a professor, an associate professor, an assistant professor or a lecturer of commercial regulations listed in Paragraph 2 of Article 2 of this Act, and taught a commercial case related subject for more than one year.
5. Took the credits of commercial law courses listed in the Paragraph 2 of Article 2 of this Act or participated in the relevant training courses for more than 180 hours.
1. Acted as a judge or prosecutor who has handled a commercial case or a major financial criminal case listed in Article 2 of this Act.
2. Served as an agent ad litem in a commercial case listed in Article 2 of this Act, a defender in a major financial criminal case, or an arbitrator or agents in the arbitration proceeding of a commercial case.
3. Authored a book or a paper of more than 10,000 words on legal issues related to commercial regulations listed in Paragraph 2 of Article 2 of this Act.
4. Concurrently serving or served as a professor, an associate professor, an assistant professor or a lecturer of commercial regulations listed in Paragraph 2 of Article 2 of this Act, and taught a commercial case related subject for more than one year.
5. Took the credits of commercial law courses listed in the Paragraph 2 of Article 2 of this Act or participated in the relevant training courses for more than 180 hours.
Article 4
The Court may request the Taiwan Bar Association to fill out a name list of the attorneys who are willing to be selected by the Court as agents ad litem and meet the qualifications set forth in the preceding two Articles and distribute the name list to the Supreme Court, and the Intellectual Property Court and the Commercial Court.
Article 5
An attorney being the spouse, ex-spouse, unmarried spouse, relative within the third degree by blood, matrimonial relative within the second degree of the party or the related parties for the opposing party, or those who have had such kinship shall not be selected as an agent ad litem.
The attorney to be selected in the circumstance mentioned in the preceding paragraph shall be resigned on their own.
The attorney to be selected in the circumstance mentioned in the preceding paragraph shall be resigned on their own.
Article 6
If the Court deems that a selected attorney is incompetent, the attorney may be dismissed and re-selected.
The Court shall give the selected attorney an opportunity to present his or her opinions before making a ruling on dismissal mentioned in the preceding paragraph.
The Court shall give the selected attorney an opportunity to present his or her opinions before making a ruling on dismissal mentioned in the preceding paragraph.
Article 7
These Regulations shall take effect on the date of July 1, 2021.