Continuation of Litigation
The continuation of a litigation refers to a state in which a court procedure exists in a particular court with respect to a particular claim, ie, a particular case is being judged by a court in a court process. The continuation of the case shall be judged in the judicial proceeding, so the proceedings shall not continue even if the case is examined in a procedure other than the judicial proceeding. There is a controversy over the appeal procedure and the referral procedure, but it is common to see that there is a continuation of the proceedings even in this case because it can be directly carried out through the court proceedings. A litigation continuation refers to a state in which an event is subject to a judicial procedure. Even if the enforcement, coordination, or preservation of other procedures is initiated, the continuation of the proceedings shall not occur. The continuation of the litigation also arises from the right relationship that becomes a specific litigation. For example, there is no continuation of litigation concerning the claim of ownership which is merely an attack defense method in the claim of exclusion of interference based on ownership. There are various theories about the timing of filing lawsuits.