Motion for Restriction of Inspection (Article 92 of the Code of Civil Procedure)

(Restriction of Inspection, etc. for Protection of Secrets)
Article 92 (1) When a prima facie showing is made with regard to the following grounds, the court may, upon motion of the party concerned, issue a ruling to limit the persons who may request the inspection or copying of the part of the case record in which the secret is stated or recorded, the delivery of an authenticated copy, transcript, or extract thereof, or the reproduction thereof (hereinafter referred to as "inspection, etc. of the part containing secrets") to the parties concerned:
i) A serious secret concerning the private life of a party is stated or recorded in the case record, and there is a risk that the party will suffer significant hindrance in their social life if a third party performs inspection, etc. of the part containing secrets.
ii) A trade secret held by a party (meaning a trade secret as prescribed in Article 2, Paragraph 6 of the Unfair Competition Prevention Act; the same applies in Article 132-2, Paragraph 1, Item 3 and Paragraph 2) is stated or recorded in the case record.
(2) When the motion set forth in the preceding paragraph is filed, no third party may request inspection, etc. of the part containing secrets until the judicial decision on the motion becomes final and binding.
(3) A third party who intends to request inspection, etc. of the part containing secrets may file a motion with the court where the case record is kept to revoke the ruling set forth in Paragraph 1, on the grounds that the requirements prescribed in said paragraph are not met or have ceased to be met.
(4) An immediate appeal may be filed against a judicial decision dismissing the motion set forth in Paragraph 1 and a judicial decision on the motion set forth in the preceding paragraph.
(5) A judicial decision to revoke the ruling set forth in Paragraph 1 does not become effective until it becomes final and binding.
(6) In the case where the motion set forth in Paragraph 1 (limited to a motion based on the grounds listed in Item 1 of said paragraph; the same applies in the following paragraph and Paragraph 8) has been filed, if a third party intervenes in the lawsuit after the filing of said motion, the court clerk must notify the party who filed the motion of the intervention immediately after the intervention. However, this does not apply when a judicial decision dismissing the motion becomes final and binding.
(7) In the case referred to in the main clause of the preceding paragraph, the court clerk must not allow the intervening person to perform inspection, etc. of the part containing secrets related to the motion set forth in Paragraph 1 until the day on which two weeks have elapsed from the day on which the notification under the provisions of said paragraph was made. However, this does not apply when the motion set forth in Article 133-2, Paragraph 2 is filed.
(8) The provisions of the preceding two paragraphs do not apply when all parties who filed the motion set forth in Paragraph 1 consent to allowing the person who intervened as referred to in Paragraph 6 to perform inspection, etc. of the part containing secrets related to the motion set forth in said paragraph.