第1條 (修正法舊法之定義)本法稱修正民事訴訟法者,謂中華民國五十七年一月九日修正後,公布施行之民事訴訟法。
Article 1??The Amended Code referred to in this Act refers to the Code of Civil Procedure and the subsequent amendments promulgated and coming into force after the amendment of January 9, 1968.
稱舊法者,謂修正民事訴訟法施行前之民事訴訟法及其他關於民事訴訟之法律。
The Previous Code referred to herein refers to the Code of Civil Procedure effective prior to the coming into force of the Amended Code of Civil Procedure and other laws with regard to civil procedure.
第2條 (溯及既往之原則)除本法別有規定外,修正民事訴訟法於其施行前發生之事項亦適用之。
Article 2??Except as otherwise provided in this Act, the Amended Code shall govern all matters that occurred prior to its coming into force, provided that no effect operative under the Previous Code shall be affected.
但因舊法所生之效力,不因此而受影響。
Article 2??Except as otherwise provided in this Act, the Amended Code shall govern all matters that occurred prior to its coming into force, provided that no effect operative under the Previous Code shall be affected.
第3條 郵務機構送達訴訟文書實施辦法,由司法院會同行政院訂定之。
Article 3??The regulations governing service of litigation papers by postal service institutions shall be prescribed jointly by the Judicial Yuan and the Executive Yuan.
第4條 (管轄權新舊法並用)修正民事訴訟法施行前繫屬之事件,其法院依修正民事訴訟法或舊法有管轄權者,為有管轄權。
Article 4??In actions initiated prior to the coming into force of the Amended Code, the court which has jurisdiction by operation of the Amended Code or the Previous Code shall have jurisdiction over such action.
第4-1條 民事訴訟法簡易訴訟及小額訴訟程序修正施行後,於修正前已繫屬之事件,其法院管轄權及審理程序依下列之規定︰
Article 4- 1 In actions initiated prior to the coming into force of the provisions governing summary proceeding and a Small-Claim Proceedings as provided in the Amended Code, the jurisdiction of the court and the adjudicating proceeding conducted by such court shall be governed as follows:
一地方法院未為終局裁判者,依新法。
1.By the new Code, where the district court has not entered a final judgment;
二地方法院已為終局裁判者,依舊法。
2.By the Previous Code, where the district court has entered a final judgment.
第4-2條 修正之民事訴訟法第四百四十七條之規定,依本施行法第十二條第二項公告施行後,於修正前已繫屬於第二審之事件,於該審級終結前,仍適用修正前之規定。
Article 4- 2 The pre-amendment provisions relevant to Article 447 of the Amended Code shall continue to apply to actions which were, in accordance with the provision of the second paragraph of Article 12 of this Act as amended and promulgated, already pending in the second instance prior to the coming into force of the provisions of the said article as provided in the Amended Code, and until the second instance proceeding of such actions is concluded.
第4-3條 修正之民事訴訟法第四百六十九條之一及第四百七十條之規定,依本施行法第十二條第二項公告施行後,於修正前已經第二審法院判決之事件,仍適用修正前之規定。
Article 4- 3 The pre-amendment provisions relevant to Article 469-1 and Article 470 of the Amended Code shall continue to apply to actions on which, in accordance with the provision of the second paragraph of Article 12 of this Act as amended and promulgated, the court of second instance has entered a judgment prior to the coming into force of the provisions of the said articles as provided in the Amended Code.
第5條 (裁定期間之進行新舊法並用)修正民事訴訟法新定期間之訴訟行為,而應於其施行之際為之者,其期間自修正民事訴訟法施行之日起算。
Article 5??Where the Amended Code has provided a new period of time for a relevant act of litigation to be conducted, and such act must be conducted upon the coming into force of the Amended Code, such newly provided period shall start to run from the day when the Amended Code comes into force.
Notwithstanding, in cases where the presiding judge has designated a time period by a ruling in accordance with the provisions of the Previous Code, and such period has started to run prior to the coming into force of the Amended Code, such period shall prevail.
但修正民事訴訟法施行前,審判長依舊法裁定之期間已進行者,依其期間。
Article 5??Where the Amended Code has provided a new period of time for a relevant act of litigation to be conducted, and such act must be conducted upon the coming into force of the Amended Code, such newly provided period shall start to run from the day when the Amended Code comes into force.
Notwithstanding, in cases where the presiding judge has designated a time period by a ruling in accordance with the provisions of the Previous Code, and such period has started to run prior to the coming into force of the Amended Code, such period shall prevail.
第6條 (舊法法定期間之追及效力)修正民事訴訟法施行前,依舊法法定期間已進行者,其期間依舊法之所定。
Article 6??In cases where a period fixed by the applicable law in accordance with the provisions of the Previous Code prior to the coming into force of the Amended Code has started to run, such period shall be governed by the Previous Code.
第7條 (訴訟程序停止之新舊名稱)修正民事訴訟法施行前訴訟程序中斷、中止、休止,即本法所定當然停止、裁定停止、合意停止。
Article 7??The interruption, suspension, and cessation of litigation proceeding as referred to prior to the coming into force of the Amended Code shall mean respectively automatic stay, stay by a ruling, and stay by consent provided in the Code.
第8條 (舊法上訴額數之追及效力)修正民事訴訟法施行前所為之判決,依第四百六十六條所定不得上訴之額數,於修正民事訴訟法施行後有增加時,而依增加前之法令許之者,仍得上訴。
Article 8??Where the amount provided in Article 466 is increased after the Amended Code has come into force, an appeal may still be taken from a judgment entered prior to the coming into force of the Amended Code if such appeal is permitted under the laws and regulations in effect prior to such increase.
第9條 (有律師代理或明知上訴要件欠缺者不命補正之規定)上訴人有律師為訴訟代理人,或依書狀上之記載可認其明知上訴要件有欠缺者,法院得不行民事訴訟法第四百四十二條第二項及第四百四十四條第一項但書之程序。
Article 9??In cases where an appellant has an attorney acting as his/her advocate, or the indications of the pleadings show that he/she is clearly aware of the existence of a defect in the required preconditions for appeal, the court may disregard the rectification proceeding provided in the second paragraph of Article 442 and the proviso of the first paragraph of Article 444 of the Code.
第10條 關於民事訴訟法第一百六十二條所稱法院所在地之範圍,由司法院斟酌實際情形訂定之。
Article 10??The Judicial Yuan shall, taking the actual circumstances into consideration, determine the jurisdictional boundaries of the court as provided in Article 162 of the Code.
第11條 (提起再審或撤銷除權判決期間之例外規定)修正民事訴訟法第五百條第三項、第五百五十二條第三項之規定,因於戰事不能於五年內起訴者,不適用之。
Article 11??In cases where a rehearing action or an action to revoke a judgment of abridgement of rights is prevented by war from being initiated within five years, the provisions of the third paragraph of Article 500 and the third paragraph of Article 552 do not apply.
第12條 本法自修正民事訴訟法施行之日施行。
Article 12??This Act shall come into force from the day when the Amended Code comes into force.
中華民國九十二年一月十四日修正之民事訴訟法,其施行日期由司法院定之。
The date for the Amended Code of January 14, 2003 to come into force shall be determined by the Judicial Yuan.
中華民國九十二年六月六日修正之民事訴訟法,其施行日期由司法院定之。
The date for the Amended Code of June 6, 2003 to come into force shall be determined by the Judicial Yuan.