An adverse High Court judgment does not necessarily mean that every legal avenue has been exhausted. In civil cases, a party may, if the statutory requirements are met, file a final appeal to the Supreme Court of Japan or a petition for acceptance of final appeal.
The Supreme Court, however, is not a forum in which the evidence is reassessed from the beginning and the facts are retried as they were in the first and second instances. To pursue Supreme Court review, it is essential to work from the factual findings established through the High Court stage, identify the legal issue in the judgment below, and recast that issue into a question of law appropriate for determination by the Supreme Court.
SAKURA Law Office handles civil final appeals and petitions for acceptance of final appeal from High Court judgments, including review of the record, assessment of the viability of Supreme Court review and identification of legal issues, preparation of statements of grounds for final appeal and statements of reasons for petitions for acceptance of final appeal, and representation beginning at the Supreme Court stage.

Final Appeals Are a "Narrow Gate"

After losing in the High Court, a party is often told by counsel that a Supreme Court challenge will be difficult. The reason lies in the structure of Supreme Court review itself. Under the Code of Civil Procedure, a final appeal is based on grounds such as a constitutional violation or certain serious procedural violations, while a petition for acceptance of final appeal may be accepted by the Supreme Court where the case conflicts with precedent or otherwise involves matters of material import in the interpretation of laws and regulations.
Accordingly, it is not enough simply to repeat that "the evidence was evaluated incorrectly" or "the factual findings were wrong." Counsel must identify the legal defect in the judgment below, explain its relationship to existing precedent, determine whether the case presents an issue that existing interpretations do not adequately resolve, and construct a coherent legal argument as to why the Supreme Court should address that issue.

Elevating the Facts into a "Sophisticated Legal Question"

Naoki Kanayama, an attorney at our firm, describes what Supreme Court practice demands as the ability to "elevate the facts into a sophisticated legal question and reconstruct them as a legal argument." Transforming the facts of an individual dispute into a legal issue worthy of Supreme Court consideration is one of the central tasks in a final-appeal matter.
When SAKURA Law Office accepts a Supreme Court matter, we do not simply assume that the arguments developed by prior counsel should be carried forward unchanged. We re-examine the first-instance judgment, the High Court judgment, the parties' briefs, evidence, witness examinations, and other materials, and analyze the legal structure of the judgment below from a fresh, zero-based perspective. We also place substantial importance on speaking directly with the client in order to identify the core of the case that may have become buried in a lengthy record.

Drafting with Supreme Court Judicial Research Officials in Mind

The Supreme Court has Judicial Research Officials who research appellate matters and assist the Justices in their deliberations. A statement of grounds for final appeal or a statement of reasons for a petition for acceptance of final appeal should therefore state clearly, from the outset, what legal determination in the judgment below is problematic and how it relates to existing precedent.
Kanayama's expression - "engage the intellect of an overburdened Judicial Research Official and capture that official's attention" - is not about rhetorical gimmickry. It means identifying the legal core of the case with precision and presenting sophisticated legal analysis in a structure and prose that can be grasped quickly and accurately.

Considering the Development of Law Beyond Precedent and Prevailing Doctrine

If the judgment below conflicts with Supreme Court precedent, that conflict must be demonstrated precisely. Where, however, the judgment below has formally applied existing precedent or prevailing doctrine and yet an unjustifiable result remains, it may be necessary to examine precedent and scholarship as an integrated whole, identify the underlying principle, and develop an argument showing how the law should evolve from that principle.
In that analysis, the perspective of the "development of law (the creative evolution of law)" in light of changes in society and commercial practice can be critical. We consider not only the doctrinal issue in the individual case, but also the legal and social significance of Supreme Court review, including the policy implications that a ruling may have for future judicial practice and society.

Final Appeals Are a Race Against Time

A final appeal or petition for acceptance of final appeal from a High Court judgment must, as a general rule, be filed within two weeks, calculated from the day following the date on which the authenticated copy of the judgment is served or deemed to have been served. If the grounds are not stated in the initial petition, the relevant statement of grounds or reasons must then, as a general rule, be filed within 50 days, calculated from the day following the date on which the prescribed court notice is received or deemed received.
Within that limited period, counsel must review the extensive record from the first and second instances, research precedent and scholarship, identify the legal issues in the judgment below, and construct the argument to be presented to the Supreme Court. Even if you have not yet decided whether to pursue Supreme Court review, we recommend seeking advice as early as possible after service of the authenticated copy of the judgment.

You May Retain Us Beginning at the Supreme Court Stage

Even if another lawyer or law firm handled the first instance and the High Court proceedings, you may retain SAKURA Law Office beginning with the final appeal or petition for acceptance of final appeal. Because Supreme Court review may require the case to be reassessed from a perspective different from the proceedings below, an independent review of the judgment and record can be valuable.
Even if your current counsel has explained that a Supreme Court challenge would be difficult, we welcome consultations from parties asking, "Is this really where the case should end?" or "I want the High Court judgment examined from a different legal perspective."

Combining Legal Theory and Judicial Practice

SAKURA Law Office includes lawyers who have spent many years engaged in legal scholarship and education at universities, as well as lawyers with prior judicial experience. Depending on the nature of the matter, we examine the judgment below from both the perspective of legal theory and the perspective of judicial practice, and identify the issues that should be presented to the Supreme Court.
In a Supreme Court matter, the length of the submission is not what matters. The task is to find the truly significant issue within a voluminous litigation record and explain, clearly and persuasively, why that issue has importance in the interpretation of laws and regulations beyond the individual dispute.

Matters on Which We Can Advise

Our services include initial consultations following a High Court judgment; assessment of the legal viability of a final appeal or petition for acceptance of final appeal; analysis of the prior litigation record; research into precedent and academic commentary; assistance with filing the petition for final appeal or petition for acceptance of final appeal; preparation of statements of grounds for final appeal and statements of reasons for petitions for acceptance of final appeal; and representation beginning at the Supreme Court stage. We consider matters including commercial disputes between corporations, company-related litigation, financial and investment disputes, real estate litigation, contractual disputes, damages claims, and other civil cases, subject to review of the circumstances of the particular matter.
Supreme Court review is, however, available only within strictly limited legal parameters. We cannot guarantee acceptance of a petition or reversal of the judgment below. After reviewing the record, we may conclude that there is insufficient legal basis to pursue Supreme Court review, in which case we will communicate that view candidly.

Contact Regarding Supreme Court Appeal Matters

For consultations concerning civil final appeals to the Supreme Court, petitions for acceptance of final appeal, preparation of statements of grounds for final appeal or statements of reasons for petitions for acceptance of final appeal, representation beginning at the Supreme Court stage, or related matters, please contact SAKURA Law Office.
When contacting us, please indicate that your inquiry concerns a Supreme Court appeal matter and provide, to the extent known, the date of the High Court judgment, the date on which the authenticated copy of the judgment was served, whether you are currently represented by counsel, and any other relevant information. If a statutory filing deadline is approaching, please state that expressly.
Please note that contacting our firm or requesting a legal consultation does not suspend or extend any statutory period for filing a final appeal or a petition for acceptance of final appeal. If a deadline is approaching, please also confirm it immediately with your current counsel or with the court that rendered the judgment.

SAKURA Law Office - Contact Form
https://sakura-lawyers.jp/en/contact/

4F, Ark Hills South Tower, 1-4-5 Roppongi, Minato-ku, Tokyo 106-0032, Japan
TEL +81-3-6910-0692 FAX +81-3-6910-0693
Web https://sakura-lawyers.jp/en/
Managing Partner: Kenshiro Michishita

>> Column by Naoki Kanayama