Book 1 General Provisions

THE CIVIL PROCEDURE CODE B.E. 2477 (1934)

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

BOOK I
GENERAL PROVISIONS

TITLE I Definitions (Section 1)

TITLE II Courts

TITLE III Parties (Section 55-66)

TITLE IV Filing and Service of Pleadings and Documents (Section 67-83 octies)

TITLE V Evidence

TITLE VI Judgements and Orders

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

ACT PROMULGATING
THE CIVIL PROCEDURE CODE B.E. 2477

In the Name of His Majesty King Ananda Mahidol, The Council of Regency,
(By the Notification of the President of the House of Representatives

Dated 7th March B.E. 2477)
Anuwat Chaturon Aditya Dibabha
Chaophya Yommarat
Given on the 15th Day of June B.E. 2478; Being the 2nd Year of the Present Reign.

Whereas the House of Representatives has resolved that it is deemed expedient that all civil procedure laws currently in force shall be repealed and replaced by the Civil Procedure Code;

Be it, therefore, enacted by the King by and with the advice and consent of the House of Representatives, as follows:

Section 1. This Act is called the “Act Promulgating the Civil Procedure Code, B.E. 2477 (1934)”.

Section 2.1 This Act shall come into force as from the date of its publication in the Government Gazette.

Section 3. The Civil Procedure Code as annexed to this Act shall come into force as from the 1st day of October, B.E. 2478 (1935).

The provisions of this Code shall apply in all general courts throughout the Kingdom, except special courts subject to the regulations of their own and except where there is a law permitting the application of any customs or religious law, in which case the court shall apply such customs or law in lieu of the provisions of this Code, unless the parties agree that this Code shall apply.

The provisions of this Code shall apply to all cases pending in courts on the date on which this Code comes into force or filed with courts after such date, irrespective of whether or not the grounds of action exist before or after such date.

Section 4. From the date on which this Civil Procedure Code has come into force, all other laws, rules and regulations which are already provided for in this Code or are inconsistent with the provisions of this Code shall be repealed.

Section 5.2 The Minister of Justice shall have the power to issue Ministerial Regulations under the Civil Procedure Code with respect to the following matters:

  • To lay down administrative rules with regard to executing officers, including determination of fees other than those specified in Table V annexed to this Code and

reimbursement of their expenses;

  • To lay down administrative rules with regard to seizure and attachment and realisation of property by a sale by auction or by other methods and other measures of execution to be complied with by executing officers.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

Section 6.3 The President of the Supreme Court with the approval of the Judicial Administration Commission shall have the power to issue Regulations under the Civil Procedure Code with respect to the following matters:

  1. Appointment, designation and swearing of interpreters, translators and experts, determination of their commissions and reimbursement of their expenses;
    (1/1)4 Determination of commissions, travelling and accommodation expenses of the witnesses summoned to appear by a court;
  2. To lay down administrative rules with regard to court officers, including determination of fees other than those specified in Table V annexed to this Code and reimbursement of their expenses;
  3. To lay down administrative rules with regard to maintenance and destruction of case lists, judgement lists, judgement books and other lists of courts as well as all files;
  4. To lay down administrative rules with regard to the filing of documents to competent authorities of a court for further submission to the court or to the parties or any person, and with regard to the making of oral requests to a court for the trial and adjudication of petty cases;
  5. To lay down administrative rules with regard to the service of original documents by one party on the opposing party.

Such Regulations shall come into force upon their publication in the Government Gazette.

Countersigned by:

Colonel Phya Phahon Phonpayuhasena Prime Minister

  1. Section 5 has been amended by the Act Promulgating the Civil Procedure Code ( 2), B.E. 2543 (2000).
  2. Section 6 has been added by the Act Promulgating the Civil Procedure Code (No. 2), E. 2543 (2000).
  3. Section 6 (1/1) has been added by the Act Promulgating the Civil Procedure Code (N 3), B.E. 2558 (2015).

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

BOOK I GENERAL PROVISIONS

TITLE I DEFINITIONS

Section 1. In this Code, unless the context otherwise requires:

  1. “court” means a court of justice or judge competent to try and adjudicate civil
  2. “case” means all proceedings commencing from the submission of a plaint to a court for acknowledgement, protection, enforcement or giving effect of a right or duty;
  3. “plaint” means any proceedings in which a plaintiff submits a claim to a court, irrespective of whether the submission is made orally or in writing; or is made to a court of first instance or on appeal or on petition; or is made at the institution of the case by a plaint or application or subsequently by a supplementary or amended plaint, by a counterclaim, by means of voluntary or compulsory interpleading in the case, or by a request for a new trial;
  4. “answer” means any proceedings in which one party sets up a defence in reply to a plaint as provided in this Code, except an argument;
  5. “pleading” means all plaints, answers or motions filed with a court for the purpose of raising an issue between the parties;
  6. “argument” means an oral or written statement made or filed with a court by a party with an aim to submit his or her opinion to the court on the issues raised in the pleadings or on any question on which the court will give an order or judgement, provided that such party merely sets forth or recalls or confirms or explains the evidence and all questions of law and of fact. An argument may be included in a pleading;
  7. “proceedings” means any act as provided in this Code in relation to a case carried out by a party to such case or by the court or in accordance with the court’s order, irrespective of whether such act is carried out by any party towards the court or towards the opposing party or by the court towards any party or towards all parties, and shall include service of pleadings and other documents as provided in this Code;
  8. “trial” means all proceedings in any court before such court has adjudicated or disposed of the case by a judgement or order;
  9. “hearing” means the sitting held by a court with respect to the trial of a case, such as for settling issues, taking evidence, conducting examination, hearing requests  and hearing oral arguments;
  10. “date of taking evidence” means the date on which the court commences the taking of evidence;
  11. “party” means a person who files a plaint with, or is sued before a court, and shall, for the purpose of carrying out any proceedings, include a person entitled to act on behalf of such person according to law or in the capacity of a counsel;
  12. “incapacitated person” means any person who has no legal capacity or whose capacity is limited by the provisions of the Civil and Commercial Code governing capacity;
  13. “legal representative” means a person who is entitled by law to act on behalf of incapacitated person, or a person whose permission or consent is required for an incapacitated person to carry out any act;
  14. “executing officer” means a competent official of the Legal Execution Department or any other official who has the power under the provisions of law then in force to carry out the measures provided by Book IV of this Code for the protection of the rights of any party during trial or for the enforcement of a judgement or order, and shall include any person assigned by an executing officer to act on his or her behalf.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

TITLE II COURTS

CHAPTER I – JURISDICTION

Section 2. No plaint may be submitted to any court unless:

  1. after the nature of the plaint and the level of the court have been taken into consideration, it appears that such court is competent to try and adjudicate such case according to the provisions of the law governing the organisation of the court of justice; and
  2. after the plaint has been taken into consideration, it appears that such case is within the jurisdiction of such court according to the provisions of this Code governing courts competent to accept plaints and according to the provisions of the law determining jurisdictions

Section 3.8 For the purpose of submission of a plaint:

  1. in the case where the grounds of action exist on board a Thai ship or aircraft outside the Kingdom, a civil court shall be the court having jurisdiction;
  2. in the case where the defendant does not have a domicile in the Kingdom:
    1. if the defendant previously had a domicile at any place in the Kingdom within two years before the date on which the plaint is submitted, such place shall be deemed to be the domicile of the defendant;
    2. if the defendant carries out or previously carried out business, in whole or in part, in the Kingdom, whether by himself or herself or by agent or by having any person acting as a contact person for such business in the Kingdom, the place which is or was used for carrying out such business or for such contact or the place which is the residence of the agent or of the contact person on the date of submission of the plaint or within two years before such date shall be the domicile of the defendant.

Section 4.9 Unless otherwise provided:

  1. a plaint shall be submitted to the court within whose jurisdiction the defendant has a domicile or to the court within whose jurisdiction the grounds of action exist, irrespective of whether the defendant has a domicile in the Kingdom or not;
  2. an application shall be submitted to the court within whose jurisdiction the grounds of action exist or to the court within whose jurisdiction the applicant has a

Section 4 bis. A plaint concerning immovable property or a right or benefit concerning immovable property shall be submitted to the court within whose jurisdiction such immovable property is situated, irrespective of whether the defendant has a domicile in the Kingdom or not, or to the court within whose jurisdiction the defendant has a domicile.

Section 4 ter. Any other plaint than those provided in section 4 bis in the case where the defendant does not have a domicile in the Kingdom and the grounds of action do not exist in the Kingdom, shall, if the plaintiff is a Thai national or has a domicile in the Kingdom, be submitted to a civil court or the court within whose jurisdiction the plaintiff has a domicile.

The plaint under paragraph one may, if the defendant has the property, whether temporarily or permanently, which may be subject to execution in the Kingdom, be submitted by the plaintiff to the court within whose jurisdiction the property is situated.

Section 4 quater. An application for appointment of an estate administrator shall be submitted to the court within whose jurisdiction the deceased has a domicile at the time of his or her death.

In the case where the deceased does not have a domicile in the Kingdom, the application shall be submitted to the court within whose jurisdiction the estate is situated.

Section 4 quiquies. An application for revocation of the resolution of a meeting or general meeting of a juristic person, an application for dissolution of a juristic person, an application for appointment or removal of the liquidator of a juristic person or any other application in relation to a juristic person shall be submitted to the court within whose jurisdiction the principal office of such juristic person is situated.

Section 4 sexies. An application in relation to property in the Kingdom, an application that, if granted by a court order, will result in any administration or dismissal of any administration of property in the Kingdom, shall, in the case where the grounds of action do not exist in the Kingdom and the applicant does not have a domicile in the Kingdom, be submitted to the court within whose jurisdiction such property is situated.

Section 5. A plaint or an application which may be submitted to two or more courts because of either the domicile of the person, the location of the property, the place where the grounds of action exist or the several numbers of claims involved may, if the grounds of action are connected, be submitted by the plaintiff or applicant to any of such courts.

Section 6. Before filing an answer, the defendant shall be entitled to file a motion with the court in which the plaintiff has filed the plaint, for transfer of the case to another court having jurisdiction. Such motion shall specify the reasons why further trial of the case in that court will not be convenient or the defendant may not receive justice. The court, if it sees fit, may issue an order granting such motion.

The court shall not issue such order of grant under paragraph one unless the court to which the case will be transferred has given prior consent. If the court to which the case will be transferred refuses to give consent, the court which will transfer the case shall submit the matter to the Chief Justice of the Appeal Court for decision. The order of the Chief Justice of the Appeal Court shall be final.

Section 6/1. With regard to a case filed with a court of first instance which is not a civil court, before the date of settlement of issues or not less than seven days before the date of taking evidence in the case where there is no settlement of issues, if the court in which such case is pending trial views that the outcome of such case may affect the conservation or maintenance of natural resources or the environment, the protection of consumers in general or other important public interests and the transfer of the case to a civil court will ensure more efficient trial and adjudication of the case, the court shall notify the parties and present its opinion to the President of the Appeal Court for issuance of an order of transfer of the case to a civil court. The order of the President of the Appeal Court shall be final.

The transfer of the case under paragraph one shall not affect the proceedings carried out before the order of transfer has been issued, and all proceedings already carried out shall be deemed to be the proceedings of the civil court, unless the civil court orders otherwise for the purpose of justice.

Section 7. The provisions of section 4, section 4 bis, section 4 ter, section 4 quater, section 4 quiquies, section 4 sexies, section 5 , section 6 and section 6 / 1 shall be subject to the following provisions:

(1) Any plaint or application which is later submitted and in connection with a case pending trial in a court shall be submitted to that court;

(2) Any plaint or application, submitted in connection with the execution of a judgement or court order, which requires a decision of the court before such execution can be completely and accurately carried out, shall be submitted to the court prescribed in section 271;

(3) With regard to a motion under section 101, if a plaint or application has already been submitted to any court, such motion shall be submitted to that court. In the case where a plaint or application has not yet been submitted to any court, the motion shall be submitted to the court within whose jurisdiction the evidence to be examined or the person or thing or place to be inspected is situated;

(4) A motion for the court to revoke or amend any order or permission given by it, a motion for the court to remove any person from the position appointed by it, a motion for the court to issue an order relating to such revocation or amendment or relating to such appointment and any other application or motion submitted in connection with a case in which the court has already given judgement or order, shall be submitted to the court in the case in which the order, permission, appointment or judgement is given.

Section 8. If two cases, in which the issues are the same or very closely connected, are pending trial in two different courts of first instance having jurisdiction, and both courts have dismissed all motions submitted to them for both cases to be tried and adjudicated by one and the same court, any party may, as long as any of such courts has not yet rendered a judgement, file a request in the form of a motion with the Chief Justice of the Appeal Court for issuance of an order for either of such courts to dispose of the case pending before it from its case list or to transfer the case to the other court, as the case may be.

Any such order of the Chief Justice of the Appeal Court shall be final.

Section 9. In the case of the preceding section, if either of such courts has already rendered a judgement and an appeal has been filed against such judgement, either party may file a request in the form of a motion with the appeal court for an order staying the trial on appeal until the other court has completely adjudicated the other case, and if the latter case is appealed, the appeal court shall give decision on both cases by one and the same judgement. If the latter case is not appealed, the provision of section 146 shall apply.

Section 10. If the proceedings cannot be carried out in a court of first instance having jurisdiction over the case due to force majeure, the party who is injured or may be injured from such incident may file the ex parte request in the form of a motion with the court of first instance within whose jurisdiction he or she has a domicile or resides, and such court shall have the power to issue any order as it sees fit for the purpose of justice.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER II – CHALLENGE OF JUDGES

Section 11. When a case is in a court, any judge in such court may be challenged on any of the following grounds:

  1. Having an interest in the case;
  2. Being a relative of any of the parties, either as an ascendant or descendant in any degree, or a brother or sister or cousin within the third degree, or a relative by affinity within the second degree;
  3. Being a person called to act as a witness who witnessed the event or called  to act as an expert who has special knowledge in relation to such case;
  4. Having been or being a legal representative or representative, or having been a counsel of any of the parties;
  5. Having been a judge hearing the same case in another court, or having acted as an arbitrator;
  6. There is another case pending trial in which such judge or his wife or his or her blood relative in the direct ascending or descending line, of the one part, has a dispute with any of the parties or his wife or his or her blood relative in the direct ascending or descending line, of the other part;
  7. Being a creditor or debtor or employer of any of the parties.

Section 12. When there is only one judge in any court, such judge may be challenged on any of the grounds prescribed in the preceding section or on any other ground of a serious nature which may undermine the justice of the trial or adjudication.

Section 13. If any of the grounds exists for challenge of any judge sitting in the court as mentioned in the preceding two sections:

  1. the judge may file a notice with the court specifying the ground on which he or she may be challenged and then request to withdraw himself or herself from the hearing of such case;
  2. the party concerned may raise such challenge by filing a motion with the court, provided that if he or she is aware of such ground prior to the date of taking evidence, he or she shall file the motion before such date of taking evidence or if he or she is aware of such ground during the trial, he or she shall file the motion no later than the date of the next taking evidence but before such taking of evidence has commence

After the motion has been filed, the court shall stay all proceedings until a decision on such challenge is issued; provided, however, that this shall not apply to proceedings which must be conducted without delay. All proceedings conducted before the filing of the motion and all proceedings which must be conducted without delay even carried out after the filing of the motion shall be valid and not be affected by an order of the  court  admitting  the challenge, unless prescribed otherwise in the court order.

If there is only one judge in any court and he or she has been challenged or if there are several judges in any court and all of them have been challenged, the court immediately superior to such court shall decide the challenge.

If there are several judges in any court and the number of the judges not being challenged including the Governor of Justice, if sitting in the trial, constitutes the quorum and majority as required by law, such court shall decide the challenge; provided, however, that in the case where a single judge has the absolute power to decide the challenge, such judge may not issue an order of dismissal of the challenge without the agreement of another judge or the Governor of Justice.

If there are several judges in any court and the number of the judges not being challenged even including the Governor of Justice does not constitute the quorum and majority as required by law, or if an order of dismissal of the challenge of a single judge cannot be given with the agreement of another judge or the Governor of Justice as provided in the preceding paragraph, the court immediately superior to such court shall decide the challenge.

Section 14. When a challenge has been made and the judge being challenged refuses to withdraw himself or herself from the hearing of the case, the court shall hear the statement of the party concerned and of the judge being challenged and take the evidence adduced by them and other evidence as it sees fit and then issue an order admitting or dismissing such challenge. Such order shall be final.

When the court in which any judge has been challenged is to decide the challenge, the judge who has been challenged may not sit or vote with other judges in the trial and adjudication of the challenge.

If any judge has requested to withdraw himself or herself from the hearing of the case or the court has admitted the challenge of any judge, the other judges shall act on behalf of such judge in accordance with the provisions of the law on the organization of the court of justice.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER III – POWERS AND DUTIES OF COURTS

Section 15. A court shall not exercise its power outside its jurisdiction, except:

  1. a person who will be examined or inspected or a person who is the owner of a thing or place which will be inspected does not raise an objection against the issue of jurisdiction, in which case the court may conduct such examination or inspection outside the jurisdiction of the court;
  2. the court may issue a writ of summons to a party or person outside the jurisdiction of the court; provided, however, that the provisions of sections 31, 33, 108, 109 and 111 of this Code and section 147 of the Penal Law may be applied only when the court having jurisdiction has endorsed the writ of summons;
  3. a writ of execution and a warrant issued by a court for the arrest and detention of any person under the provisions of this Code may be executed anywhere.

In the case where execution is to be carried out outside the jurisdiction of the court competent for execution, section 271, paragraph three, paragraph four and paragraph five shall apply.

With regard to a case accepted by a civil court for trial and adjudication under the law on the organization of the court of justice or transferred to a civil court under section 6/1, the civil court shall have the power to conduct any proceedings outside its jurisdiction as the court sees fit.

Section 16. If an examination or inspection or any proceedings is to be conducted:

  1. by any court of first instance outside its jurisdiction; or
  2. by a civil or criminal court outside Phra Nakorn province and Thonburi province or by an appeal or the Supreme Court, the said courts shall have the power to appoint another court which is a court of first instance to conduct such examination or inspection subject to the provision of section 102 or conduct the proceedings on its behalf.

Section 17. Cases which have already been filed with a court shall be proceeded with by the court in the order of their file number assigned in the case list, unless the court for special reasons prescribes otherwise.

Section 18. A court shall have the power to examine any pleading handed to a competent authority of the court for filing with such court or for service on any party or person.

If the court finds that the pleading filed as mentioned is not legible or its content is not understandable or it contains excessive wording or does not contain or bear all such particulars or signatures or is not accompanied by such documents as required by law, or that the court fee has not been paid or deposited correctly in full, the court may issue an order returning such pleading for redrafting or amendment or an order directing full and correct payment or deposit of the court fee within a period of time and upon conditions, including with costs as the court sees fit. If the court’s directions have not been complied with within the period of time or according to the conditions prescribed, the court shall issue an order of rejection of such pleading.

If the court finds that the pleading filed as mentioned does not comply with the conditions required by law other than those mentioned in the preceding paragraph and in particular that the right of the party or person filing the pleading is barred by the provisions of law on jurisdictions, the court shall issue an order rejecting or returning such pleading for filing with a court having jurisdiction.

If there is no such objection, the court shall note down its acceptance of the pleading on it or otherwise.

The court order rejecting or returning the pleading under this section may be appealed or petitioned as provided in sections 227, 228 and 247.

Section 19. The court shall have the power to order all or either party to appear in the court in person although such party or parties are represented by counsels as it sees fit. If the court views that the appearance of the parties in person may lead to an agreement or compromise as provided in the following sections, the court shall order the parties to appear before the court.

Section 20.The court shall have the power to bring the parties to become reconciled and reach an agreement or compromise on the dispute, irrespective of whether the case has been proceeded at any stage of trial.

Section 20 bis. For the purpose of conciliation, the court, when it sees fit or upon the application of either party, may order to proceed in confidence in the presence of only all or either party, with or without their or his or her counsel.

The court, when it sees fit or upon the application of either party, may appoint a person or a college to act as a conciliator to assist the court in the conciliation to bring the parties to a compromise.

The criteria and procedures for conciliation by a court, the appointment of a conciliator and the competence of a conciliator shall be as prescribed in the Regulations of the President of the Supreme Court with the approval of the general assembly of the Supreme Court.

The Regulations of the President of the Supreme Court under paragraph three shall come into force upon their publication in the Government Gazette.

Section 20 ter. Before the filing of a case, a person who will become a party may file a motion with a court having jurisdiction, if the case is instituted, for the court to appoint a conciliator who shall carry out conciliation to bring the parties concerned to an agreement or compromise on the dispute. Such motion shall specify names and domiciles of the parties concerned and details of the dispute. When the court sees fit, the court shall accept such motion and inquire about the opposing party’s willingness to participate in conciliation. If the opposing party agrees to participate therein, the court shall have the power to summon the parties concerned to appear before the court in person with or without their counsels and appoint a conciliator who shall proceed to carry out conciliation. For this purpose, the provision of section 20 bis shall apply, mutatis mutandis. If the parties concerned can reach an agreement or compromise, the conciliator shall submit the agreement or a compromise agreement to the court. If the court, after its consideration, considers that the agreement or compromise agreement corresponds to the intention of the parties, the principle of good faith and fair dealing and is not in violation of the law, the court shall cause the parties to affix their signatures to such agreement or compromise agreement.

On the date of entering into the agreement or compromise agreement under paragraph one, the parties thereto may apply to the court for rendering a judgement as agreed upon, provided that reasons and necessity therefor shall be presented to the court. If the court views that there is a justifiable necessity for rendering a judgement at that time, the court shall render a judgement in accordance with such agreement or compromise agreement and, for this purpose, the provision of section 138 shall apply, mutatis mutandis.

The request and procedure under this section are not subject to fees on entry.

An order of the court issued in accordance with the provision of this section shall be final.

When the court has issued an order appointing a conciliator but the conciliation terminates without reaching a successful result, if it appears that a period of prescription has expired after the filing of the motion or is due to expire within sixty days as from the date on which the conciliation terminates, the period of prescription shall be extended for another sixty days as from the date on which the conciliation terminates.

Section 21. When any party submits a request or a statement to a court:

  1. if this Code does not provide that such request or statement must be made in the form of a motion or in writing, the court shall have the power to accept a request or statement made orally by the party in the court, provided that the court shall note it down on a report or require the party to file the request in the form of a motion or file the statement in writing, as the court sees fit;
  2. if this Code does not provide that a request may be made ex parte, the court shall not issue an order on such matter without providing an opportunity for the opposing party or the other parties to raise an objection, subject however to the provisions of this Code governing default;
  3. if this Code provides that a request may be made ex parte, the court shall have the power to hear the opposing party or the other parties before issuing an order on such matter, unless the request is for a writ of summons to answer or for seizure or attachment of property before judgement or for issuance of a writ of execution or for arrest or detention of the defendant or judgement debtor;
  4. if this Code does not provide that the court must issue an order granting a request submitted to it without making any examination, the court shall have the power to conduct an examination as it sees fit before issuing an order for such request.

In the case where the court may issue an order on any matter upon its own discretion or upon the request of a party, the provisions of subsections (2), (3) and (4) of this section shall apply.

In the case where the parties do not have the power to request the court to issue an order on any matter, but the court may issue an order on such matter upon its own discretion, the court, subject to the provisions of sections 103 and 181 (2), shall have the power not to hear the parties or not to conduct an examination before issuing its order.

Section 22. All terms, whether determined by law or by a court, before the expiration of which any proceedings must or must not be carried out, shall be calculated in accordance with the provisions of the Civil and Commercial Code governing terms.

Section 23. With regard to any term as prescribed in this Code or as prescribed by a court or any term in relation to civil procedures as prescribed in other laws, before the expiration of which any proceedings must or must not be carried out, the court, when it sees fit or when the party concerned has filed the request in the form of a motion, shall have the power to issue an order of extension or reduction of such term; provided, however, that such extension or reduction of term may be allowed only in special circumstances and the court has issued the order or the party has made the request before the expiration of such term, except in case of force majeure.

Section 24. When any party raises a question of law, which, if decided in favour of such party, would make further trial of the case or further trial of some important issues of the case no longer required, or which could not be further elucidated even if the trial of important issues of the case is conducted, the court, when it sees fit or upon the request of either party, shall have the power to issue an order to the effect that, before the trial will be further conducted, the court shall consider such question of law and then preliminarily decide such question.

If the court views that such decision will conclude the whole case or any particular issues in the case, the court may decide such question and decide the case or only the relevant issues by one and the same judgement or order.

Any order of the court issued under this section may be appealed and petitioned as provided in sections 227, 228 and 247.

Section 25. If any party files a request in the form of a motion for the court to take any measure provided in Book IV for the protection of the rights of the party during trial or for the enforcement of a judgement or order, the court shall issue an order granting or dismissing such request without delay.

If, at the time of the filing of such request, the court is about to decide the case, the court may decide such request in its judgement or order adjudicating the case.

Section 26. If a court puts a question or issues an order or adjudication in relation to any matter of the conduct of a case and either party to such case raises an objection to such question or order or adjudication being lawful, the court, before it continues to proceed with the case, shall make a report specifying such question or order or adjudication objected to and the nature of the objection. With regard to the reason based on which the objecting party has raised his or her objection, the court, in its discretion, shall note down the reason on the report or require such party to file a written statement for inclusion in the file.

Section 27. In the case where any provision of this Code intended to secure the justice of procedures or involving public order with respect to drafting and filing or service of pleadings or other documents or with respect to trial, consideration of evidence or execution, is not complied with, the court, when it sees fit or upon the filing of the request in the form of a motion by the party injured from such non-compliance, shall have the power to order revoking such irregular proceeding, in whole or in part, or order it to be amended or issue any order on such matter as the court sees fit.

An objection concerning the irregularity may be raised by the injured party at any time before judgement but no later than eight days from the date on which such party is aware of the facts or circumstances based on which such objection is raised; provided, however, that such party has not taken any new step after such irregularity has become known to him or her, nor has he or she ratified such irregularity.

If the court orders to revoke any irregular proceedings other than due to the failure by any party to carry out such proceedings within a period of time prescribed by law or by the court, the rights of such party to carry out such proceedings in a correct manner as required by law shall not be precluded.

Section 28. If there are several cases pending trial in the same court or in two different courts of first instance and all or some parties are the same and the trials of those cases will be convenient if they are carried out together, if such court or any of such courts finds that it is appropriate to try the cases together or if all or some parties make a request for the cases to be tried together by stating their intention in the answer or filing the request in the form of a motion at any time before judgement, the court, after hearing all parties of the cases and if it is satisfied that the cases are connected, shall have the power to issue an order for such cases to be tried together.

If the case will be transferred from or to another court having jurisdiction over the case, such order may not be issued before consent of such other court has been obtained. However, if the court to which the case will be transferred does not give consent, the court which will transfer the case shall forward the matter to the Chief Justice of the Appeal Court for decision. The order of the Chief Justice of the Appeal Court shall be final.

Section 29. If a case involves several claims and the court views that any of such claims is not connected with the others, the court, when it sees fit or upon the filing of the request in the form of a motion by any interested party, shall issue an order to disjoin the case at prompt. If the plaintiff desires such claim to continue to be tried, the court shall proceed with the trial as if it was an independent case subject to conditions to be prescribed by the court as it sees fit.

If a case involves several claims and the court views that if all or any of the claims is tried separately, the trial will be convenient, the court, when it sees fit or upon the filing of the request in the form of a motion by any interested party and after the court have heard all parties, shall, at any time before judgement, have the power to order to disjoin all or any of those claims for separate trial.

Section 30. A court shall have the power to issue any stipulation to be complied with by any party or a third party present before the court as it thinks necessary for the maintenance of order within the precinct of the court and for the proceedings to be carried out in a fast and fair manner. This power shall include the power to prohibit any party from carrying out the proceedings in a manner that causes disturbance or delay or excessive costs.

Section 31. Any person who carries out any of the following acts shall be deemed to commit an offence of contempt of court:

  1. (1) Refusing to comply with a court’s stipulation under the preceding section governing the maintenance of order, or behaving improperly within the precinct of the court;
  2. (2) After filing a motion for exemption of court fees which has been granted by a court under section 156/1, it appears that he or she submitted false facts or evidence to the court in the examination of such motion;
  3. After knowing that he or she will be served with a pleading or any other document, willfully absenting himself or herself or otherwise avoiding to receive such pleading or document;
  4. Examining all or any of the documents in the case file or making a copy of such documents in violation of the provision of section 54;
  5. Refusing to appear before a court when the court has issued an order under section 19 or when a writ of summons is issued against a judgement debtor or any otherperson under section 277.

Section 32. Any person who is the author, editor, printer or publisher of any newspaper or printed matter published to the people, irrespective of whether such person has knowledge of the content or publication of such newspaper or printed matter, shall be deemed to commit an offence of contempt of court in either of the two following cases:

  1. If, at any time, such newspaper or printed matter mentions or expresses by any means the content or opinion which discloses the facts or other circumstances of a case or any proceedings of a case and the publication of such facts or circumstances, for appropriateness or for the protection of public interests, is prohibited by the court order either merely through an order requiring the trial to be conducted in confidence or through express prohibition of such publication;
  2. If such newspaper or printed matter mentions or expresses, by any means during the trial of a case up to final judgement, the content or opinion with an aim to influence the feelings of the people or the court or any party or witness of the case, which appears likely to undermine the justice of the trial of the case, such as:
  • a misrepresentation of the facts of the case; or
  • a biased and incorrect report or summary or comment on the proceedings of the case; or
  • an unfair comment on the conduct of the case by any party or on the evidence or on the habit or behavior of any party or witness, including a statement of fact which prejudices the reputation of any party or witness even though such statement is true; or
  • inducement to commit perjury.

For the purpose of this section, all definitions in section 4 of the Publications Act, B.E. 2476 (1933) shall apply.

Section 33. If any party or any person commits an offence of contempt against any court, such court shall have the power to order to impose a punishment by any or both of the following methods:

  1. An expulsion from the precinct of the court; or
  2. Imprisonment or a fine or

An expulsion from the precinct of the court may be applied for a period of time of the court’s hearing or within any period of time as the court sees fit. Police may be called upon to assist in such expulsion, if necessary.

In the case where imprisonment or a fine is imposed, the term of imprisonment shall not exceed six months and a fine shall not exceed five hundred baht.

Section 34. If any proceedings are to be carried out, in whole or in part, through dependence on or by application to an official in a foreign country, when there is no international agreement or there is no law providing for such matter, the court shall comply with the general principles of international law.

Section 34/1. In order for a trial and adjudication to be conducted in a convenient, fast and fair manner or for appropriateness of certain types of cases, the President of the Supreme Court with the approval of the general assembly of the Supreme Court shall have the power to issue Regulations relating to the filing of a case, the taking and admission of evidence, the decision-making of a case as well as the conduct of any proceedings as necessary.

The Regulations under paragraph one shall come into force upon its publication in the Government Gazette.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER IV – HEARING

Section 35. Unless otherwise provided by this Code, the hearing of a case filed with any court shall take place in such court on any working days and at any working hours as prescribed by the court; provided, however, that in case of emergency or necessity, the court may issue an order requiring the hearing to take place in any other place or on a holiday or at any time.

A judge and court officer who performs work on a holiday or at any time outside the normal working hours shall receive special remuneration in accordance with the Rules prescribed by the Ministry of Justice with the approval of the Ministry of Finance.

Section 36. The hearing of a case shall be conducted openly in a court in the presence of the parties attending the court, unless:

  1. in any case there is necessity for the purpose of maintenance of order in the court, in which case after the court has expelled any party from the precinct of the court due to improper behavior, the court may continue to conduct the hearing in the absence of such party;
  2. in any case, for appropriateness or for the protection of public interests, the court finds it appropriate to prohibit disclosure of the facts or circumstances, in whole or in part, of the case as appearing from the pleadings or arguments of any party or from the evidence taken, in which case the court may issue an order to:

(A) prohibit the people from attending to hear the trial, in whole or in part, and then conduct the trial in confidence; or

(B) prohibit the publication of such facts or circumstances.

With regard to all cases of divorce, adultery or legitimation of a child, the court shall prohibit disclosure of any fact or circumstances as it thinks improper or likely to cause undue damage to any party or person concerned.

Irrespective of whether the court issues an order under this subsection (2), the order or judgement adjudicating the case of such court must be read in open court, and the publication of such judgement, in whole or in part, or of its summary in an impartial and accurate manner shall not be deemed illegal.

Section 37. A court shall proceed with the hearing of the case as continuously as possible until the trial is completed and judgement is rendered without an adjournment.

Section 38. If, on the date scheduled for the hearing, there is no time sufficient to proceed with the hearing due to the court’s engagement in other tasks, the court may issue an order adjourning the hearing to any other day as it sees fit.

Section 39. If the adjudication of any case pending trial in a court depends in whole or in part on a prior adjudication of some points by such court or another court or must await a decision of an administrative competent official on such points, or if it appears that a criminal

offence is committed and a prosecution of such offence may change the adjudication of such case, or in any other case where the court views that an adjournment of the trial will facilitate the good administration of justice, the court, when it sees fit or upon the application of any party concerned, shall issue an order of adjournment of the hearing until an adjudication or decision on such points has been given or for any period of time as the court sees fit.

If the court issues an order of such adjournment without time limit, the court, when it sees fit or upon the application of any party concerned, shall issue an order of resumption of the hearing on any day as it sees fit.

Section 40. When a court has determined the date of hearing and informed the same to the parties, if either party wishes to adjourn the hearing, such party shall submit the request before or on the scheduled date and state the reasons for such adjournment. In this case, the court shall not issue an order granting such request unless there is unavoidable necessity for such adjournment and justice will be undermined if the court does not grant such request.

When the court is to order adjournment of the hearing, the court may order such party to pay conduct money for the witnesses present in the court under a writ of summons and pay the expenses for the presence in the court of other parties, such as travelling and accommodation expenses of the parties, counsels or witnesses in an amount as the court sees fit. If the party requesting the adjournment fails to pay such conduct money or expenses as determined by the court, the court shall dismiss the request for the adjournment.

The conduct money or expenses paid under paragraph two shall not be returned.

If the request for adjournment under paragraph one is not submitted orally before the court, it shall be made in the form of a motion and may be made ex parte with permission of the court.

Section 41. If there is a request for adjournment of a hearing by alleging that the party, his or her representative or counsel, witness or any other person summoned to appear before the court is unable to appear due to illness, the court, when it sees fit or upon the ex prate request of either party, may issue an order appointing a competent official to examine the ill person and appointing a doctor, if he or she can be procured, to accompany the official for such examination. If the person(s) appointed by the court for examination reports, after swearing an oath or taking a vow, to the court and the court believes that the condition of the person claiming to be ill is not so severe as to prevent him or her from appearing in the court, the court shall carry out the proceedings in accordance with the provisions of this Code governing default or non-appearance of the person claiming to be ill, as the case may be.

The court may order the party requesting the examination under paragraph one or any party to accompany the person(s) appointed by the court to conduct the examination. Such party may entrust any person to accompany in his or her place.

The travelling expenses and commissions of the competent official and doctor shall be deemed to be the costs and section 166 shall apply.

Section 42. If either party to a case pending trial in a court dies before the court has rendered a judgement, the court shall adjourn the hearing until any heir of the deceased or the estate administrator of the deceased or any other person taking custody of the estate has substituted as a party in the place of the deceased through his or her own request or through the court summoning him or her upon the ex parte request of either party. These requests shall be filed within a period of one year from the date of the death of such party.

If such request from such person or such ex parte request of either party is not made within the prescribed period of time, the court shall issue an order to dispose of the case from the case list.

Section 43. If any heir of the deceased or the estate administrator of the deceased or any other person taking custody of the estate wishes to substitute as a party in the place of the deceased, he or she shall file a request in the form of a motion with the court for such purpose.

In this case, the court, when it sees fit or upon the request of either party, may order the person who will substitute as a party to produce evidence to support such request. After the evidence has been produced, the court shall issue an order granting or not granting such substitution.

Section 44. An order summoning any person to substitute the deceased must provide a reasonable period of time for such person to have an opportunity to raise an objection in the court to his or her status as an heir of the deceased or to his or her status as the estate administrator or person taking custody of such estate.

The heir, estate administrator or person summoned shall not be required to comply with such writ of summons before the lapse of the period of time prescribed by law for him or her to accept such status.

If the person summoned by the court agrees to substitute as a party in the place of the deceased, the court shall note down such agreement in a detailed report and continue to proceed with the case.

If such person refuses or fails to appear in the court, the court shall conduct an examination as it sees fit. If the court finds that the writ of summons is well-grounded, it shall issue an order appointing the person summoned as a party in the place of the deceased and further proceed with the case. If the court finds that the objection of the person summoned is well-grounded, it shall order revocation of such writ and if either party is unable to have any real heir or the estate administrator or person taking custody of the estate of the deceased to substitute as a party in the place of the deceased within such period of one year, the court shall issue an order as it sees fit for the purpose of justice.

Section 45. If it appears to the court that either party becomes incapacitated or the legal representative of an incapacitated party dies or loses his or her power of representative, the court shall adjourn the hearing for a reasonable period of time to allow the legal representative or new legal representative to notify his or her appointment by filing a request in the form of a motion with the court for that purpose. If such request has not been filed, section 56 shall apply.

If the representative or counsel of a party dies or loses his or her power of representative, the court shall adjourn the hearing until the party has filed a motion with the court informing the court of the appointment of a new representative or counsel or that such party wishes to conduct the case in person; provided, however, that the court, if it sees fit or upon the ex parte request of the opposing party, shall have the power to order to fix a reasonable period of time for the party to inform such appointment or his or her wish. In this case, if the party fails to inform within the prescribed period of time, the court may issue an order to resume the hearing at any day as it sees fit.

The provision of the preceding paragraph shall apply, mutatis mutandis, to the case where the legal representative of an incapacitated person loses his or her power because such person has become capable.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER V – REPORTS AND FILES

Section 46. All proceedings conducted by a court concerning trial and adjudication of civil cases shall be in the Thai language.

All pleadings and documents or any papers whatsoever made by a party or court or court officer forming part of the file of the case shall be written in Thai and in ink, typewritten or printed. If there is any error, it shall not be erased, but rather it must be crossed out and rewritten, and the writer shall affix his or her name in the margin of the paper and any word added, if any, must be signed or initialed by the person making it.

If an original document or any paper whatsoever delivered to a court is made in a foreign language, the court shall order the party delivering it to prepare and file the translation of the whole or of any material part thereof with certification for attaching to the original.

If any party or person appearing in a court does not understand the Thai language or is dumb or deaf and is unable to read or write, the party concerned shall procure an interpreter.

Section 47. If a party or any person files a power of attorney with a court, the court shall have the power to order such party or person to give a statement swearing that such power of attorney is genuine.

If the court has reasonable cause to suspect that the power of attorney filed is not

genuine or upon the filing of a motion by the opposing party demonstrating reasonable cause to suspect that such power of attorney is not genuine, the court shall have the power to order the party or person concerned to file a power of attorney as hereinafter provided.

If such power of attorney is executed in the Kingdom of Thailand, a district chief shall act as a witness. If it is executed in a foreign country where there is a Thai consul, such consul shall act as a witness. If it is executed in a foreign country where there is no Thai consul, a notary public or magistrate or any other person appointed by the local law to have power to act as a witness for such document shall act as a witness and there shall be a certificate of the relevant foreign government confirming that the person acting as a witness has the authority to do so.

The provision of this section shall apply to other similar certificates and documents which must be filed by any party to a court.

Section 48. In all cases, it shall be the duty of a court to make a report of each hearing or other proceedings of the court.

Such report shall contain the following particulars:

  1. The case number;
  2. The names of the parties;
  3. The place, date and time of the hearing or proceedings conducted by the court;
  4. A brief statement concerning the matters dealt with and other important particulars;
  5. The signatures of the judges.

The court, if required by law or when the court considers it necessary, shall record (either by noting down in a detailed report or in a separate report) any material statement or objection, or agreement, decision, order or other acts or proceedings made orally in accordance with the provisions of this Code.

Section 49. With regard to any statement or objection of a party, testimony of a witness or expert, or agreement on waiver of the rights of a party, a report of the court shall be preliminary evidence thereof only when the court has read it to the party or person concerned and noted down any alterations or additions requested or newly stated and such party or person has affixed his or her signature thereon.

Section 50. If any party or any person has to affix his or her signature on any report in order to acknowledge it or on any document in order to certify the reading or service of such document:

  1. the affixing of a finger print, cross or other mark in the presence of a court shall not require certification by signatures of two witnesses;
  2. if the party or person who is to affix his or her signature on such report cannot or refuses to affix the signature, the court shall make a report specifying the reasons for not obtaining such signature in lieu of such signature.

Section 51. It shall be the duty of a court to perform the following:

  1. To register cases in the case list of the court in the order of their entry, that is, according to the date and time of the filing or submission of the plaints with the court to initiate the cases as provided in this Code;
  2. To register all judgements or orders adjudicating cases of the court in the judgement list;
  3. To compile reports and documents delivered to or made by the court including orders and judgements of the court in the files of the relevant cases and keep the files in safe custody;
  4. To make copies of judgements and orders adjudicating cases and keep them in safe custody according to their order;
  5. To keep lists and books of the court, such as the case list and judgement list in safe

The preparation of the case list or judgement list, the compilation of documents in the files and the keeping of copies of judgements or orders adjudicating cases under paragraph one (1), (2), (3), (4) and (5) may be made in an electronic form, and it shall be deemed that any print-out of such electronic data certified by the method prescribed by the court is a copy of the case list or judgement list or a copy of the documents in the files, as the case may be, and may be used in place of the original, in accordance with the criteria and procedures prescribed in the Regulations of the President of the Supreme Court with the approval of the general assembly of the Supreme Court. These Regulations shall come into force upon their publication in the Government Gazette.

Section 52. When a final judgement or order on any matter has already been complied with or executed or a prescribed period of time for such execution has elapsed, the court keeping the file concerned shall deliver it to the Ministry of Justice for keeping or dealing with in accordance with the Ministerial Regulations governing the matter.

Section 53. If a report, judgement, order or any other document kept in the file of the case pending trial or pending execution has been lost or damaged, in whole or in part, causing any difficulty to the adjudication or execution of the case, the court, when it sees fit or upon the filing of the request in the form of a motion by the party concerned, shall order the party or person holding such document to deliver a copy, certified correct, to the court. If such copy is not available, in whole or in part, the court shall issue an order of retrial of the case or any other order as it sees fit for the purpose of justice.

Section 54. A party to a case or a witness with respect to his or her testimony in the case or a third party having a legitimate interest or valid reasons may apply to the court at any time during or after the trial for permission to inspect all or any of the documents in the file of such case or make copies of, or request the court registrar to make copies of and certify the same; provided, however, that:

  1. no such permission may be granted to any person other than a party or witness in a case which is tried in confidence, or to any person in a case in which the court issues an order of prohibition of the inspection or making of copies of all or any of the documents in the file in order to maintain order or general interests of the people, even applied to by a party or witness; provided, however, that the rights of any party to inspect or make copies of a judgement or order in such case or request copies thereof, certified correct, shall not be precluded;
  2. no permission may be granted for a party to make copies of the testimony of his or her own witness until the examination of all of his or her witnesses is completed, unless such permission is justified by special circumstances.

After the permission has been granted, the inspection or making of copies shall be made by the applicant or a person duly appointed by the applicant at such time and on such conditions to be prescribed by the court registrar for the convenience of the court or for the safety of the documents.

No copy of a judgement or order may be made before such judgement or order has been pronounced and before it has been registered in the judgement list.

In the case where the court has attached a supplementary explanation to the report of an order or judgement given orally under the provision of section 141, the party may request to inspect or make or request copies of such supplementary explanation as if it were a part of such order or judgement.

With regard to a certified copy, the court registrar shall make the certification on the fee as prescribed in the Schedule annexed to this Code. In the case where a person requests to inspect or make copies of the document by himself or herself, no fee shall be charged.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

TITLE III – PARTIES

Section 55. When any dispute arises in relation to the right or duty of any person under the civil law or any person is to exercise his or her right through a court, such person shall be entitled to submit his or her case to a civil court having jurisdiction in accordance with the provisions of the civil law and this Code.

Section 56. An incapacitated person or his or her representative may submit a claim to a court or carry out any proceedings only when the provisions of the Civil and Commercial Code governing capacity and the provisions of this Code have been complied with. Permission or consent under those provisions shall be given in writing and filed with the court for inclusion in the file.

At any time before judgement, the court, when it sees fit or upon the filing of the request in the form of a motion by either party, shall have the power to conduct an inquiry into the capacity of the applicant or of the opposing party, and if the court is satisfied that his or her capacity is defective, the court may issue an order requiring rectification of such defect within a reasonable period of time to be ordered by the court.

If the court views that any delay in the proceedings should be avoided for the purpose of justice, the court may order the party whose capacity is defective to proceed with the case for the time being; provided, however, that the court may not render a judgement on the issues of the case until such defect has been fully rectified.

If the incapacitated person has no legal representative or his or her legal representative is unable to perform the duties, the court shall have the power to issue an order granting any permission or consent required or appointing a specific representative for the incapacitated person. If no one acts as a representative, the court shall have the power to appoint a public prosecutor or other administrative official as a representative.

Section 57. A third party who is not a party to a case may become a party through interpleading:

  1. voluntarily because he or she finds that the interpleading is necessary for the acknowledgement, protection or enforcement of a right entitled by him or her by filing an application with the court in which such case is pending trial, or when he or she has the right of claim in connection with the enforcement of a judgement or order by filing an application with the court issuing the writ of execution;
  2. voluntarily because he or she has a legal interest in the outcome of the case by filing an application with the court at any time before judgement, requesting permission to become a joint plaintiff or joint defendant or to substitute either party with consent of such party; provided, however, that even though the court has permitted the substitution, such party shall be bound by a judgement of the court in all respects as if there were no substitution;
  3. by being summoned to appear in the case (a) upon the request of either party in the form of a motion specifying the reasons why he or she may sue or may be sued by such party by virtue of a right of recourse or a right to compensation if the court considers such party to lose the case; or (b) by an order of the court when it sees fit or upon the request of either party in the case where the law requires the third party to appear in the case or the court thinks it necessary to summon the third party to appear in the case for the purpose of justice; provided, however, that either party may summon such third party to appear in the case by filing a motion for issuance of a writ of summons together with the filing of the plaint or answer or subsequently at any time before judgement with permission of the court when the court is satisfied that such motion cannot be filed sooner.

The service of a writ of summons on a third party under this subsection shall be accompanied by a copy of the request or the order of the court, as the case may be, and the plaint instituting the case.

The provisions of this Code shall not preclude a creditor from exercising his or her debtor’s claim and calling the debtor to appear in the case as provided in the Civil and Commercial Code.

Section 58. An interpleader who has become a party under subsections (1) and (3) of the preceding section shall have the same rights as if he or she had sued or been sued in a new case. In particular, the interpleader may produce new evidence, object to any document already filed, cross-examine any witness already examined and object to evidence already taken before he or she has interpleaded, or may appeal or petition against a judgement or order of the court as provided by law and may receive or may be compelled to pay costs.

An interpleader who is a party under subsection (2) of the preceding section shall not exercise any rights other than those held by the party with whom he or she joins as a joint

plaintiff or joint defendant during the trial stage when he or she interpleads and shall not exercise those rights in a way that conflicts with the rights of the original plaintiff or defendant, and the interpleader shall pay costs arising from the interpleading. However, if the court permits him or her to substitute the original plaintiff or defendant, the interpleader shall have the same position as the party whom he or she substitutes.

When a judgement or order has been rendered, if there is any issue related to the case which must be settled between the interpleader and the party with whom the interpleader has joined or has been summoned to join, the interpleader shall be bound by such judgement or order, unless:

  1. the interpleader has become a party to the case too late to present material contentions due to such party’s negligence; or
  2. such party, willfully or by gross negligence, did not assert a material contention on a question of law or of fact not known by the interpleader.

Section 59. Two or more persons may be parties to the same case as joint plaintiffs or joint defendants if it appears that they have mutual benefits in the grounds of action. However, they shall not be considered to represent each other unless the grounds of action are the performance of an indivisible obligation or unless it is so provided expressly by law, in which case they shall be considered to represent each other only to the following extents:

  1. Proceedings carried out by or against one of such co-parties shall be deemed to have been carried out by or against the other co-parties, except proceedings carried out by one of the co-parties to the prejudice of the other co-parties;
  2. Adjournments or stays of trial in relation to one of the co-parties shall apply to the other co-parties.

Section 60. Either party or his or her legal representative where the party is an incapacitated person or his or her representative where the party is a juristic person may conduct the case himself or herself and carry out all proceedings as he or she thinks fit in his or her interest or may appoint one or several counsels to conduct the case and carry out such proceedings on his or her behalf.

If the party or legal representative or representative as mentioned above has made a power of attorney appointing any person to represent him or her in the case, such attorney may not conduct the case as a counsel, but may appoint a counsel to carry out the proceedings.
Section 61. An appointment of a counsel shall be made in writing signed by the party and the counsel and filed with the court for inclusion in the file. This deed of appointment shall be valid only for the case for which it is filed. When any counsel has been granted general power to represent another person for any case, such counsel shall produce the general power of attorney and make a copy of such document for filing with the court in lieu of the deed of appointment in order to proceed with each particular case, as provided in this section.

Section 62. A counsel appointed by a party shall have the power to conduct the case and carry out any proceedings on behalf of the party as he or she thinks fit to protect such party’s interest. However, if any proceedings involve the disposal of the party’s right, such as acceptance of the opposing party’s demand, withdrawal of a plaint, compromise, waiver or exercise of the right to appeal or petition or request for a new trial, the counsel shall not have the power to carry out such proceedings without express authorisation from the party. This express authorisation may be specified in the deed of appointment for such case or made subsequently and separately in the form of one or several powers of attorney, and in the latter case, the provision of section 61 shall apply.

In any case, the party or the representative may immediately disavow or correct any statement made orally by his or her counsel in his or her presence in the court even though the party or the representative has not reserved the right to do so in the deed of appointment.

Section 63. The provision of the preceding section shall not preclude the party from appointing his or her representative or counsel, in a written form filed with the court, to receive money or property paid to or deposited with the court as fees or otherwise and ordered to be repaid or delivered to such party by the court. However, if the court has any doubt as to the capacity or identity of the representative or counsel appointed above, the court shall have the power to order for such party or counsel or both of them to appear before the court in person.

Section 64. Unless otherwise ordered by the court, when there are special reasons in a case particularly concerning either party or a counsel of either party, the party or counsel may appoint any person to act on his or her behalf by filing a proxy with the court on each occasion for carrying out any of the following: determining a date of hearing or of taking evidence or for the hearing of any order, decree or decision of the court; hearing any order, decree or decision of the court or endorsing to acknowledge the same; receiving copies of answers, motions or other documents as provided in sections 71 and 72 and acknowledging the same.

Section 65. A counsel appointed by a party to act as his or her counsel of the case may make a request to the court for removal of him or her from such appointment; provided, however, that he or she shall demonstrate to the satisfaction of the court that he or she has informed the same to the party, unless the party cannot be found.

When the court has issued an order granting such request, the court shall have the order served on the party at prompt by ordinary service or by any other means as the court sees fit.

Section 66. When any person alleges that he or she is the legal representative of a party or the representative of a juristic person, the court, when it sees fit or upon the filing of the request in the form of a motion by the party concerned at the time of the filing of his or her plaint or answer, may conduct an inquiry into his or her power, and if it is satisfied that such person has no power or his or her power is defective, the court shall have the power to dismiss the case or give any other judgement or order as it sees fit for the purpose of justice.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

TITLE IV – FILING AND SERVICE OF PLEADINGS AND DOCUMENTS

Section 67. When this Code or other laws provide that any document must be served on either party or a person concerned (such as a pleading in the form of a plaint, answer or motion, a request in the form of a motion, a writ of summons or other writs, a copy of argument or a copy of documentary evidence, etc.), such document must be made to express clear statement as to the identity of persons and contain the particulars as follows:

  1. The name of the court to accept a plaint or, if the case is pending trial in a court, the name of such court and the case number;
  2. The names of the parties;
  3. The name of the party or person on whom such pleading or document will be served;
  4. The essence and the reasons, if necessary, of such pleading or document;
  5. The day, month, year of the pleading or document and signature of the competent official, party or person filing or serving it.

In the filing or service of a pleading or any other document which must be made in accordance with the printed form provided, the competent official, party or person concerned must use such printed form. Such printed form shall be charged as prescribed by the Minister of Justice.

For the purpose of this Code, a juristic person shall be referred to by its name or its registered name, and the office or principal office located within the jurisdiction of the court to which the case is to be submitted or in which the case is pending trial shall be deemed to be the domicile or operating office of that juristic person.

Section 68. The filing and service of a pleading and document of such characteristics, whether by a party to the court or to the opposing party or by the court to a party or to all parties, including notification of a court order or any other message to a party or any other person may be made by electronic mail or any other information technology, in accordance with the criteria and procedures as prescribed in the Regulations of the President of the Supreme Court with the approval of the general assembly of the Supreme Court. Such Regulations shall come into force upon their publication in the Government Gazette.

Section 69. The filing of a pleading or any other document with a court shall be made by handing in it to a competent authority of the court or to the court during its hearing.

Section 70. All plaints, writs of summons and other writs, as well as all orders and decrees of a court, where the decrees must be served, shall be served by a court officer on the party or any third party concerned; however,

  1. any subpoena for witness shall be served directly by the party calling such witness, unless the court orders otherwise or the witness refuses to accept the subpoena, in which case the subpoena shall be served by a court officer;
  2. any court order, including an order determining the date of hearing or of taking evidence, as the case may be, or an order of adjournment shall, if the party or person concerned is present in the court at the time of its issuance and has affixed his or her signature to certify his or her acknowledgement, be deemed to have been validly served.

In case of a plaint, the plaintiff shall pay the fee for the service thereof; however, with respect to the service thereof, the plaintiff is not required to procure the service unless the

court orders the plaintiff to have the duty to procure the service. In case of a writ of summons, other writs and a court order issued upon the request of any party, if the court does not also order the party to procure the service, such party shall only pay the fee for the service thereof. In other cases, it shall be the duty of the court to procure service on any party or person concerned.

Section 71. In case of an answer, the party filing such answer shall file the original answer with the court together with its copies for the opposing party or other parties to receive the same through a court officer.

A motion for amendment of an answer shall be served by a court officer to the opposing party or other parties and it shall be the duty of the party filing the motion to procure such service.

Section 72. In case of a motion and argument filed with a court within a period of time prescribed by law or the court or by an agreement of the parties as noted down by the court in a report, the person filing such motion or argument shall file the original with the court together with its copies for the opposing party or other parties or any persons concerned to receive the same through a court officer.

All other motions shall be filed with the court together with its copies for service on the opposing party or other parties or any persons concerned, and if the court designates a court officer to serve such copies, the court officer shall serve them at the expense of the party filing the motion.

All other documents, such as copies of argument or copies of documentary evidence shall be served on the opposing party or other parties or any persons concerned by any one of the following two methods:

  1. by the party obligated to make such service handing the copies to the opposing party or other parties or any persons concerned and filing the receipt with the court together with the original. Such receipt may be made in the form of a record to that effect on the original and signed by the recipient with the day, month, year of the receipt; or
  2. by the party obligated to make such service filing the copies with the court together with the original and requesting a court officer to serve them on the opposing party or other parties or any persons concern In this case, the person making such request shall accompany the court officer and pay the fee for such service.

Section 73. If a pleading or any other document is to be served by a court officer upon the application of the party obligated to procure such service, the competent authority shall carry out such service as soon as possible. In this regard, such authority may require the applicant or any suitable person as designated by the applicant to accompany him or her for

the purpose of identifying the party or person on whom service shall be made or searching for a domicile or operating office of the recipient.

In the case of service of a pleading or any other document according to a court order, which is not under the duty and responsibility of any person or party, it shall be the duty of a competent authority of the court to carry out such service.

Section 73 bis. A pleading or document to be served by a court officer, whether such service is the duty of the court or of any party, may be ordered by the court for the service thereof to be made by mail with return receipt requested or by domestic express mail, and the party obligated to procure service shall be responsible for the expense thereof. In such case, it shall be deemed that the pleading or document served by a postal official has the same effect as if it is served by a court officer, and the provisions of section 74, section 76 and section 77 shall apply, mutatis mutandis.

Section 74. Service of a pleading or any other document by a court officer shall be made:

  1. in the day time during the period from sunrise to sunset; and
  2. to the party or person to whom the pleading or document is directed at the domicile or operating office of such party or person, but subject to the provisions of the following six sections.

Section 75. Service of a pleading or any other document on a counsel appointed by a party to conduct the case or on a person appointed by such counsel for the purpose of carrying out any act specified in section 64 shall be deemed valid.

Section 76. When a court officer cannot find the party or person on whom a pleading or document will be served at the domicile or operating office of such person, the service of such pleading or document on any person over twenty years of age who resides or works in the house or operating office appearing to belong to such party or person or the service of such pleading or document made in accordance with the terms in a court order shall be deemed to suffice for the valid service of such pleading or document.

In this case, a pleading or document directed to any party may not be served on the opposing party for acceptance on behalf of the former.

Section 77. Service of a pleading or any other document by a court officer to any other place than the domicile or operating office of the party or person to whom such pleading or document is directed shall be deemed valid when:

  1. such party or person accepts the pleading or document; or
  2. the service of such pleading or document is made in a court.

Section 78. If a party or person to whom a pleading or document is directed refuses to accept such pleading or document from a court officer without legitimate reason, the court officer shall be entitled to request an administrative official who is competent or a police official to accompany him or her as a witness, and if such party or person still refuses the acceptance, such pleading or document shall be left at such place. After these procedures have been complied with, the service of such pleading or document shall be deemed valid.

Section 79. If service of the pleading or document cannot be made as provided by the preceding sections, the court may order to apply any other substitute method of service, namely by posting the pleading or document at a noticeable place at the domicile or operating office of the party or person to whom the pleading or document is directed, or by depositing it with a local administrative official or a police official and posting a notice of such deposit by the method as stated above, or by advertising it, or by any other means as the court sees fit.

The service of a pleading or document by such other substitute method shall become effective when fifteen days or a longer period as the court sees fit to prescribe has elapsed from the date on which the pleading or document or the notice of deposit has been posted or the advertisement or any other method of service as ordered by the court has been made or has begun.

Section 80. In the service of a pleading or document by or through a court officer, the court officer shall submit to the court a receipt signed by the party or person on whom the service thereof was made or a report on service of such pleading or document signed by the court officer, as the case may be, for inclusion in the file of the case.

Such receipt or report shall contain clear statement as to the identity of persons and the particulars as follows:

  1. The name of the competent official serving such document and the name of the person on whom the service was made (if any);
  2. The method of service, the day, month, year and time of service;

Such report shall be dated with day, month, year and signed by the competent official making the report.

The receipt may be made in the form of a record to that effect on the original filed with the court.

Section 81. Service of a subpoena by the party concerned shall be made:

  1. in the day time during the period from sunrise to sunset; and
  2. to the person to whom the subpoena is directed at the domicile or operating office of such person, but subject to the provisions of sections 76 and 77.

Section 82. If a pleading or any other document is to be served on several parties or persons, a copy of it shall be served on every person. In the case where a pleading or document must be served by or through a court officer, the party obligated to procure service shall furnish to the competent authority a sufficient number of copies of it for the parties or persons on whom it must be served.

Section 83. If any party has to file a pleading or any other document with the court or to have it served on any party or a third party by or before the time prescribed by law or by the court and such service must be made through a court officer, such party shall be deemed to have complied with the requirements of the law or the court when such party has handed in such pleading or document to a competent authority of the court for filing or service by or before such prescribed time even though the receipt of such pleading or document or the request for service of the same or the service of the same to the opposing party or such third party has been made after the prescribed time.

If this Code provides that service of a pleading or any other document must be made known to an opposing party or third party a certain period of time in advance before the day scheduled for the hearing or for the taking of evidence to begin, the party who is liable to such service shall be deemed to comply with the requirements of the law or the court as provided in the preceding paragraph when such party has filed the pleading or document to a competent authority of the court not less than three days before the commencement of such period of time.

In the case where a party may serve a pleading or document by means of delivering a copy of it directly to the opposing party or third party, the provision of this section shall not preclude the party obligated to procure service of such pleading or document from applying this means; provided, however, that such party shall file the receipt of the opposing party or third party with the court by or before the time prescribed by law or the court.

Section 83 bis. In the case where a defendant does not have a domicile in the Kingdom, a writ of summons and a plaint instituting the case shall be served on the defendant at his or her domicile or operating office outside the Kingdom, except where the defendant carries out business in the Kingdom in person or by agent or where it is agreed in writing that pleadings and documents to be served on the defendant shall be served on the agent having a residence in the Kingdom appointed by the defendant for this purpose, in which case the writ of summons and the plaint instituting the case shall be served on the defendant or the agent for the business or the agent for the acceptance of pleadings and documents at the place where the defendant or agent carries out the business or where the agent for the business or the agent for the acceptance of pleadings and documents resides in the Kingdom, as the case may be.

In the case where a third party who has no domicile in the Kingdom is summoned to become a party under section 57 (3), the provision of paragraph one shall apply, mutatis mutandis.

Section 83 ter. If the recipient for the service of a pleading, motion, statement or any other document than those provided in section 83 bis does not have a domicile in the Kingdom but carries out business in the Kingdom in person or by agent or has an agent for the acceptance of pleadings and documents or a counsel to proceed the case in the Kingdom, such document shall be served on the recipient or such agent or counsel at the place where the recipient or agent carries out the business, or where the agent resides or at the domicile or operating office of the counsel in the Kingdom, as the case may be. If the recipient does not carry out business in the Kingdom in person or there is no such agent or counsel in the Kingdom, the service shall be made by means of posting a notice at the court.

Section 83 quater. In the case where a writ of summons and a plaint instituting the case under section 83 bis must be served on the defendant at his or her domicile or operating office outside the Kingdom, the plaintiff shall, within seven days from the date of the filing of the plaint, file a motion with the court for it to serve the writ of summons and the plaint instituting the case on the defendant. In this case, unless an international agreement to which Thailand is a party states otherwise, the plaintiff shall prepare the translation of the writ of summons, plaint instituting the case and any other documents to be submitted to the country where the defendant has a domicile or operating office into the official language of such country or into the English language, with a correct translation certified, and file the same with the court together with such motion and deposit the expense with the court in the amount and within the period of time prescribed by the court.

In the case where the court sees fit, it may issue an order for the plaintiff to prepare any additional documents for filing with the court within a period of time prescribed by the court.

In the case where the plaintiff fails to proceed with paragraph one or paragraph two, it shall be deemed that the plaintiff abandons his or her plaint under section 174.

In the case where a third party who has no domicile in the Kingdom is summoned to become a party under section 57 (3), the provisions of paragraph one, paragraph two and paragraph three shall apply, mutatis mutandis.

Section 83 quiquies. Service of a writ of summons and a plaint instituting the case under section 83 bis on the defendant or a third party at his or her domicile or operating office outside the Kingdom shall become effective when sixty days from the date of the service have elapsed and, in the case of service by any other method than service on the defendant or third party, seventy-five days from the date of the service by such other method have elapsed.

Section 83 sexies. Service of a writ of summons and a plaint instituting the case under section 83 bis on the defendant or agent carrying out business in the Kingdom or the agent for the acceptance of pleadings and documents shall become effective when thirty days from the date of valid service have elapsed.

Service of a pleading or any other document under section 83 ter on the recipient or agent or counsel shall become effective when fifteen days from the date of valid service have elapsed.

The posting of a notice under section 83 ter shall become effective when thirty days from the date of the posting have elapsed, and the provision of section 79 shall not apply.

Section 83 septies. When the plaintiff has complied with section 83 quater, if there is no international agreement to which Thailand is a party stating otherwise, the court shall make such service on the defendant or third party by international express mail or via international courier service or through the Office of the Court of Justice and the Ministry of Foreign Affairs, in accordance with the criteria and procedures prescribed in the Regulations of the President of the Supreme Court with the approval of the general assembly of the Supreme Court. Such Regulations shall come into force upon their publication in the Government Gazette.

Section 83 octies. In the case where a writ of summons and a plaint instituting the case under section 83 bis must be served on the defendant or a third party at the domicile or operating office of such person outside the Kingdom, if the plaintiff files an ex parte request in the form of a motion and is able to demonstrate to the satisfaction of the court that the service under section 83 septies is not possible because the domicile or operating office of such person cannot be found or because of any other reasons, or when the court has proceeded under section 83 septies but could not ascertain the outcome of the service, the court, if it sees fit, shall allow service by the posting of a notice at the court instead. In this case, the court may order for service to also be made by publication of an advertisement in a newspaper or by any other means.

Service by the method under paragraph one shall become effective when sixty days from the date of the posting of a notice at the court have elapsed, and the provision of section 79 shall not apply.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

TITLE V – EVIDENCE

CHAPTER I – GENERAL PRINCIPLES

Section 84. A decision on a question of fact in a case, except the following, shall be made relying on evidence in the file of such case:

  1. generally known fact;
  2. indisputable fact; or
  3. fact admitted or deemed to be admitted by the parties in the court.

Section 84/1. Any party who alleges any fact in support of his or her pleading shall have the burden of proof of such fact. However, where there is a presumption in law or reasonable presumption from the usual state of events in favour of a party, such party must prove only that he or she has fulfilled the conditions required to be entitled to such presumption.

Section 85. A party who has the burden of proof of a fact shall be entitled to adduce any evidence to prove the fact subject to this Code or other laws governing the admission and production of evidence.

Section 86. When the court finds that any evidence is not admissible or is admissible but is produced in violation of the provisions of this Code, the court shall refuse to admit such evidence.

When the court finds that any evidence is superfluous or causes undue delay or is irrelevant, it shall have the power to stay the taking of such evidence or of further evidence.

When the court finds that, for the purpose of justice, it is necessary to take any additional evidence concerning any issue in a case, the court, without an application by any party, shall take such further evidence which may include recalling of witnesses for re- examination.

Section 87. A court shall be prohibited from admitting any evidence, unless:

  1. such evidence concerns the fact to be proved by any party to the case; and
  2. the party adducing such evidence has expressed his or her wish to rely upon it as provided in sections 88 and 90; provided, however, that if the court finds that, for the purpose of justice, it is necessary to take important evidence concerning any material issue of the case in violation of the provision of this subsection, the court shall have the power to admit such evidence.

Section 88. When any party wishes to rely upon any document or upon a testimony of any witness or wishes to have any person, object, place inspected by the court or rely upon an opinion of an expert appointed by the court or an opinion of a person who is knowledgeable and specialised as evidence in support of his or her allegation or contention, such party shall file a list of witnesses and evidence with the court not less than seven days prior to the date of taking evidence, showing the documents or the nature of the documents to be adduced and the names and addresses of the persons, persons who are knowledgeable and specialised, objects or places to be adduced by such party as evidence or applied for inspection by the court or for appointment of the experts, as the case may be, together with a sufficient number of copies of such list for other parties to receive the same from a court officer.

If any party wishes to file a supplementary list of witnesses and evidence, a statement requesting to list additional witnesses or evidence shall be filed with the court together with such supplementary list and its copies within fifteen days from the date of taking evidence.

Upon the expiration of the period of time for the filing of the list of witnesses and evidence under paragraph one or paragraph two, as the case may be, if the party who has already filed the list demonstrates, with valid reason, that he or she could not ascertain that certain evidence must be taken for his or her interest or did not know that certain evidence exists or has other reasonable causes, or if the party who did not file the list demonstrates to the satisfaction of the court that the list could not be filed within the prescribed time due to valid reasons, such party may file a motion to the court for adducing such evidence together with the list of witnesses and evidence and its copies at any time before judgement, and if the court finds that it is necessary to take such evidence to ensure fairness in deciding material issues, the court shall permit such motion.

Section 89. Any party who wishes to adduce his or her evidence to make proof of the following with respect to any witness of the other party:

  1. to rebut or modify a testimony given by the witness regarding the facts known or witnessed by such witness; or
  2. to prove any fact in connection with the act, statement, document or any other evidence made by such witness, shall cross-examine the witness at the time when such witness is giving testimony in order to allow such witness to have an opportunity of explaining the same, even though such witness has not given testimony regarding such fact.

In the case where such party fails to cross-examine the witness of the other party as mentioned above and subsequently adduces evidence to prove such fact, the other party who already examined the witness shall be entitled to object during when such party is adducing the evidence, and in this case the court shall refuse to admit such evidence.

In the case where the party wishing to adduce evidence to make proof with respect to the witness under paragraph one demonstrates to the satisfaction of the court that at the time when the witness was giving testimony, such party did not know or could not reasonably have known of such fact, or if the court finds that, for the purpose of justice, it is necessary to adduce such evidence, the court may admit such evidence, but in this case the opposing party may request for the witness concerned to be recalled for re-examination or the court, if it sees fit, may recall the same for re-examination.

Section 90. The party relying upon any document as evidence in support of his or her allegation or contention under section 88, paragraph one shall file with the court and service on the other party a copy of such document not less than seven days prior to the date of taking evidence.

In the case where any party files a statement or motion for relying upon any document as evidence under section 88, paragraph two or paragraph three, a copy of such document shall be filed with the court and served on the other party together with the filing of such statement or motion, unless the court permits the filing of a copy of the document at a later time upon valid reason.

The party relying upon evidence shall not be required to file a copy of the document to the court nor to serve a copy of the document on the other party in the following cases:

  1. when any party relies upon a set of documents which is already known to the other party or which may be examined to ascertain the existence and genuineness of it easily, such as correspondences between the parties to the case or commercial books and accounts and bank’s books and accounts or documents in the file of another case.
  2. when any party relies upon one or several documents in the possession of the other party or a third party.
  3. if the making of a copy of the document would delay the proceedings to the injury of the party relying upon such document or there is a reason for not being able to make a copy within a period of time specified for the filing of such copy.

In the case of (1) or (3), the party relying upon the document shall file an ex parte request in the form of a motion with the court for permission to exempt from filing a copy of such document and to file the original instead for inspection by the court or the other party subject to the conditions as the court sees fit to prescribe.

In the case of (2), the party relying upon the document shall request the court for an order demanding such document from the possessor under section 123 by filing a motion with the court within the prescribed period of time under paragraph one or paragraph two, as the case may be, and such party shall have a duty to follow to obtain such document within a period of time prescribed by the court.

Section 91. Both parties shall be entitled to rely upon the same evidence.

Section 92. If a party or any person is required to give testimony or produce any kind of evidence and such testimony or evidence may reveal:

  1. any official document or fact concerning the affairs of the State which, by nature, must be kept confidential temporarily or permanently and such party or person has kept or obtained knowledge of the same in the course of his or her public office or in any other official function or semi-official function;
  2. any confidential document or fact entrusted or informed to him or her by his or her client in the capacity as a counsel;
  3. any invention, design or other work protected from disclosure by law, such party or person shall be entitled to refuse to give such testimony or produce such evidence unless permission for disclosure is obtained from the competent authority or person concerned.

When any party or person refuses to give such testimony or produce such evidence, the court shall have the power to summon the competent authority or person concerned to appear before the court and give such explanation as the court may require to decide whether such refusal is reasonable. If the court views that such refusal is not admissible, the court shall have the power to issue an order to preclude such party or person from taking advantage of this section and compel him or her to give such testimony or produce such evidence.

Section 93. To rely on a document as evidence, only an original document shall be admissible, unless:

  • when all parties concerned agree that a copy of such document is correct, the court shall admit such copy as evidence;
  • if it is not possible to bring the original document due to destruction by force majeure or loss or otherwise not arising from the circumstance responsible by the person relying on such document, or the court views that it is necessary for the purpose of justice to produce a copy of such document or any oral evidence in lieu of the original document, the court may permit the production of such copy or oral evidence;
  • it is an original document in official custody or control which may be produced only upon the prior permission of the relevant official agencies, in which case it shall be sufficient to produce a copy of the document certified correct by the competent person, unless otherwise prescribed by the court;
  • when the party against whom a document is relied upon by the opposing party as evidence does not object to such documentary evidence being taken under section 125, the court may admit a copy of such document as evidence, provided that the court’s power under section 125, paragraph three shall not be precluded.

Section 94. When documentary evidence is required to be produced by law, the court shall not admit oral evidence in any of the following cases even with the consent of the opposing party:

  1. Where oral evidence is requested to be taken in lieu of documentary evidence when the documentary evidence is not available to be produced;
  2. Where oral evidence is requested to be taken in support of any allegation to add, delete or modify the contents in a document which has already been produced.

However, the provision of this section shall not apply in the case of subsection (2) of section 93, and it shall not be deemed to preclude the party from alleging and producing oral evidence in support of the allegation that the documentary evidence produced is forged or is not correct, in whole or in part, or that a contract or any other obligation specified in such document is invalid or misinterpreted by the opposing party.

Section 95. No oral evidence of any person shall be admissible unless such person:

  1. is able to understand and answer questions put to him or her; and
  2. has directly witnessed, heard or known of certain relevant facts that are to be offered as testimony, provided that the provision of this clause shall apply only when no express provision of law or court order prescribes otherwise.

If the court refuses to admit the testimony of any person because the court views that such person cannot be a witness or cannot give testimony as aforementioned and the party concerned raises an objection, before the court continues to proceed with the case, it shall make a report specifying the name of the witness, the reason for not admitting it and the objection raised by the party concerned. With regard to the reason based on which the objecting party has raised his or her objection, the court, in its discretion, shall note down the reason on the report or require such party to file the statement with the court for inclusion in the file.

Section 95/1. Any statement, which is a recounting, to which any oral evidence testifies before a court or which is recorded in a document or any other material that is presented to the court as evidence for the purpose of proving the truth of its assertion shall be considered hearsay.

The court shall be prohibited from admitting hearsay evidence, unless:

  1. according to the condition, nature, source and circumstantial facts of such hearsay evidence, it is believable that the truth is provable; or
  2. there is a necessity due to the fact that the person who directly witnessed, heard or knew of certain relevant facts that are to be offered as testimony cannot be brought to appear as a witness and there is reasonable cause in the interest of justice to admit such hearsay evidence.

In the case where a court finds that any hearsay evidence should not be admitted, the provision of section 95, paragraph two shall apply, mutatis mutandis.

Section 96. A witness who is deaf or dumb or deaf-mute may be questioned or may answer questions in writing or by any other appropriate methods, and the testimony of such person shall be deemed to be witness statement under this Code.

Section 97. A party may call the opposing party to act as his or her witness or may tender himself or herself as a witness.

Section 98. Either party may call any person to act as his or her witness, who is knowledgeable and specialized, whether by profession or not, in art, science, skill, trade, his or her profession or foreign law and whose opinion in the capacity of a witness may be beneficial in decision-making of the relevant issues.

Section 99. If the court views that it is necessary to inspect a person, object or place or appoint an expert as provided in sections 129 and 130, the court, when it sees fit regardless of the stage of the trial or upon the request of any party under the provisions of sections 87 and 88, shall have the power to issue an order of such inspection or appointment of such expert.

The provision of this section shall not preclude the party from calling a person who is knowledgeable and specialized to act as the party’s witness.

Section 100. Any party who wishes to rely on any fact and call upon the other party to answer whether or not he or she will certify the correctness of such fact may give a written notice specifying such fact to the other party not less than seven days prior to the date of taking evidence.

If the other party has duly received such notice, upon the application to the court on the date of taking evidence by the party giving the notice, the court shall ask the other party whether he or she will admit the correctness of the fact specified in the notice and the court shall then note down the answer in the proceeding report. If such party does not answer the question related to any fact or denies any fact without clear reason, he or she shall be deemed to admit such fact unless the court views that such party is not capable of providing an answer or a clear reason for such denial at such time, in which case the court may issue an order for such party to prepare and file a statement in relation to such fact with the court within a period of time as the court sees fit.

The provision of this section shall apply, mutatis mutandis, to all or any document on which the party expresses his or her wish of relying, provided that a copy of such document must be sent together with the notice and the original document shall be made available for inspection by the other party when required, except where such original document is in the possession of the other party or a third party.

Section 101. If any person views that any evidence which may be relied upon in the future would likely be lost or it would likely be difficult to bring such evidence, or if any party of the case views that any evidence intended to be relied upon would likely be lost before he or she can adduce it or it would likely be difficult to adduce it at a later stage, such person or party may file a request with the court in the form of an application or motion for the court’s order of immediate taking of such evidence.

Upon receipt of such request by the court, it shall summon the applicant and the opposing party or third party concerned to appear before the court. After hearing them, the court shall decide the request as it sees fit. If the court grants such request, the taking of evidence shall be conducted in accordance with the provisions of this Code, and reports and other documents related to such matter shall be kept by the court.

In the case where the opposing party or third party concerned does not have a domicile in the Kingdom and has not yet appeared in the case, the court, upon receipt of the request under paragraph one, shall decide such request as it may be made ex parte. If the court has granted the request, the evidence shall be taken ex parte.

Section 101/1. In an emergency where it is necessary to take any evidence urgently and prior notice to the other party is not possible, when filing the request under section 101 together with the plaint or answer or at a later time, the party making such request may also file an ex parte request in the form of a motion for the court to issue an order concerning this matter without delay, and if necessary may request the court to issue an order of seizure or delivery to the court of the document or object to be adduced as evidence, in the meantime.

The motion under paragraph one shall describe the fact of the emergency which necessitates urgent taking of evidence and renders prior notice to the other party impracticable, including potential damage in the case where such evidence would not be adduced. With regard to the motion for the court to issue an order of seizure or delivery to the court of the document or object to be adduced as evidence, it shall describe the fact of the necessity for the seizure or delivery of such document or object. In this regard, the court shall not grant such motion unless the court is satisfied from the examination that such emergency and necessity actually exist as described in the motion; provided, however, that the other party shall not be precluded from requesting the court to issue a subpoena for witnesses to appear before the court for cross-examination and other actions under section 117 at a later time. If such procedure cannot be complied with, the court shall exercise caution in weighing evidence.

Section 101/2. In the case where the court issues an order granting the request for seizure or delivery of the document or object to be adduced as evidence, the court may prescribe any conditions as it sees fit and may order the applicant to deposit a sum of money or furnish a guarantee in an amount as it sees fit to the court for payment of compensation for potential damages to any person as a result of the court’s issuance of such order believing by mistake, due to the applicant’s fault or negligence, that there was a necessity.

The provisions of section 261, section 262, section 263, section 267, section 268 and section 269 shall apply, mutatis mutandis, to the case under paragraph one, and in the case where the thing seized by the court order belongs to a third party, the third party shall have the rights as if he or she were a defendant in the case, and when it is no longer necessary to use such document or object as evidence, the court, when it sees fit or upon the application of the person entitled to return of the same, shall issue an order of return of the same to such applicant.

Section 102. Evidence shall be taken by a court trying the case within the court or at any place outside the court as it sees fit to order as necessary to the nature of the evidence.

If the court of trial finds it necessary, it shall be competent to assign any judge in such court or appoint another court to take evidence on its behalf. The assigned judge or appointed court shall have the same power and duty as the court of trial, including the power to assign any judge in such court or appoint another court to take evidence on its behalf.

If the court of trial has appointed another court to conduct the taking of evidence, any party may make a statement to the court of trial that he or she wishes to attend to hear the trial. In this case the appointed court shall notify the scheduled date of taking evidence to the applicant at least seven days in advance. The party attending the trial shall be entitled to exercise his or her rights as if such proceedings of trial were conducted at the court of trial.

A copy of the plaint and answer together with other documents and evidence necessary for the taking of evidence shall be submitted to such appointed court. If the party relying on such evidence does not state his or her wish to attend to hear the trial, the party shall inform the appointed court of the issues to be examined. When the taking of evidence is completed, it shall be the duty of the appointed court to send necessary reports and all other documents in relation to the taking of evidence to the court of trial.

Section 103. Subject to the provisions of this Code governing default, interpleading and expulsion, the court of trial or the assigned judge or the appointed court above may not take any evidence without giving a full opportunity for all parties to attend to hear the trial and exercise the rights in relation to such proceedings of trial as provided by this Code, irrespective of whether such evidence is relied upon by any party or taken by the order of the court.

Section 103/1. In the case where the parties agree and the court finds it necessary and appropriate, the court may appoint a court officer or any other competent official approved by the parties to conduct any part of the taking of evidence outside the court on its behalf.

The competent official executing the duties under paragraph one shall be a competent official under the Penal Code, and the provision of section 103 shall apply, mutatis mutandis.

Section 103/2. The party concerned may apply to the court for the conduct of the taking of evidence in accordance with the method agreed upon by the parties. If the court sees fit for the purpose of convenient, fast and fair taking of evidence, the court may grant such application, unless such taking of evidence is illegal or contrary to public order or morals.

Section 103/3. For the purpose of convenient, fast and fair taking of evidence, the President of the Supreme Court with the approval of the general assembly of the Supreme Court shall have the power to issue any additional Regulations in relation to the guidelines on taking of evidence, provided that such Regulations shall not be in conflict or inconsistent with legal provisions.

The Regulations of the President of the Supreme Court under paragraph one shall come into force upon their publication in the Government Gazette.

Section 104. A court shall have full power to decide if evidence adduced by the parties is relevant and sufficient to be admitted as conclusive and then to render a judgement accordingly.

In deciding whether and how hearsay evidence under section 95/1 or a record of statement of the statement provider who does not appear before the court under section 120/1, paragraph three and paragraph four or a record of statement under section 120/2 is weighed and reliable, the court shall use caution and also take into account the condition, nature and source of such hearsay evidence or record of statement.

Section 105. Any party who fails to comply with the provisions of this Code governing evidence, causing the opposing party to pay more costs or fees than he or she would have been liable to pay shall pay such excess costs, which shall be deemed unnecessary within the meaning of section 166.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER II – ATTENDANCE AND EXAMINATION OF WITNESSES

Section 106. In the case where it is not possible for any party to bring his or her witness to the court, such party may, prior to the date of taking evidence, request the court to issue a subpoena for such witness to attend the court. The court may require such party to state the witness’s relation with the facts of the case which necessitates the issuance of such subpoena and such subpoena shall be served together with a copy of the statement of the applicant on the witness at least three days in advance.

A subpoena shall contain the following particulars:

  1. The name and address of the witness, the names of the parties, the court and the counsel of the applicant;
  2. The place, date and time at which the witness is to attend;
  3. The penalty to be inflicted in the case of non-attendance or giving false evidence. If the court views that the witness would not be able to give testimony without preparation, the court may note down in the subpoena the facts about which the witness may be questioned.

Section 106/1. No subpoena may be issued to:

  1. the King, Queen, Heir Apparent or Regents in any case;
  2. Buddhist priests and novices in any case;
  3. Persons entitled to privileges or immunities under law.

In the case of (2) and (3), the court or assigned judge or appointed court shall issue a notice specifying a place, date and time of examination of such witness in lieu of the issuance of a subpoena. In the case of (2), such notice shall be submitted to the witness and in the case of (3), to the Office of the Court of Justice for proceeding according to the provisions of such law or the principle of international law.

Section 107. If the court views that, in the investigation into the truth, it is necessary to examine a witness at the place where the fact to which the witness is required to testify occurs, the court or the judge assigned or the court appointed for such purpose shall serve a subpoena on the witness, specifying the place, date and time at which examination will take place and shall examine the witness accordingly.

Section 108. A witness on whom the subpoena has been duly served as provided in section 106 and section 107 shall be bound to appear at the place, date and time prescribed, unless there is illness or any other excuse of necessity, provided that such incident has been notified to the court and the court views that such justification or excuse is admissible.

Section 109. When any witness has already given his or her testimony, irrespective of whether he or she has been served with a subpoena or brought by a party, such witness shall be discharged from his or her duty of remaining in the court unless the court orders such witness to remain for a period of time to be prescribed by the court.

Section 110. If any witness whose testimony wished to be relied upon as duly notified by the party fails to appear before the court on the date scheduled for examination of such witness, the court may continue to proceed with the trial and adjudicate the case without examining such witness, subject to the provisions of the following sections.

Section 111. When the court views that the testimony of a witness failing to appear in the court is material in deciding the case:

  1. but the court views that the allegation that the witness is unable to appear before the court due to illness or any other excuse of necessity is admissible, the court may adjourn the hearing for the witness to appear or for examining such witness at the place and time suitable to the circumstances; or
  2. when the court views that the witness has been duly served with a subpoena and willfully failed to appear in the court or at the place and on the time prescribed or willfully absconded after receiving an order of the court to stay on, the court may adjourn the hearing and issue a warrant of arrest and detain the witness until he or she will give testimony on the date as the court sees fit, without prejudice to the penalty provided in the Penal Code.

Section 112. Before giving testimony, all witnesses must swear according to each witness’s religious belief or national custom or take a vow that he or she will give true testimony, with the exception of the following persons:

  1. the King, Queen, Heir Apparent or Regents;
  2. Persons under fifteen years of age or persons found by the court to be incapable to understand right and wrong;
  3. Buddhist priests and novices;
  4. Persons not required to swear or vow as agreed by both parties.

Section 113. All witnesses shall give testimony orally and may not read the contents he or she wrote unless permission has been granted by the court or he or she is an expert witness.

Section 114. No witness may give testimony in the presence of other witnesses who will later give testimony, and the court shall have the power to direct other witnesses in the courtroom to leave the courtroom.

However, if any witness has given testimony after hearing a preceding witness’s testimony in his or her presence and the opposing party alleges that the court should not admit such testimony due to irregularity, if the court views that such testimony is reliable or has not been affected by the testimony of the preceding witness having been heard or cannot modify the decision of the court, the court may refuse to admit that such testimony is irregular.

Section 115. Even though the King, the Queen, an Heir Apparent, a Regent or a Buddhist priest or novice appears as a witness, he or she may refuse to give testimony or answer any question. A person entitled to privileges or immunities under law may refuse to give testimony or answer any question subject to the conditions prescribed by such law.

Section 116. Preliminary, a witness shall answer the questions regarding the name, age, position or occupation, domicile and relationship with the party.

The court may then perform any of the following acts:

  1. The court may ask the witness by himself or herself by informing the witness of the issues and facts to be examined and requiring him or her to give testimony concerning such issues, either by way of making a narrative of his or her own or by way of answering the questions of the court; or
  2. Allowing the parties to examine and cross-examine the witness at once as provided by the following sections.

Section 117. A party calling a witness shall be entitled to examine the witness immediately once the witness has sworn and identified himself or herself under section 112 and 116, or if the court will first examine the witness, the party shall examine him or her after examination by the court has been completed.

When the party calling the witness has completed the examination-in-chief of the witness, the opposing party shall then be entitled to cross-examine the witness.

When the cross-examination is completed, the party calling the witness shall be entitled to re-examine the witness.

When the re-examination is completed, no party may further examine the witness unless permission has been granted by the court. If any party is permitted to put questions to the witness, the opposing party may cross-examine the witness on points relating to such questions.

A party who has specified any witness may opt not to examine such witness as long as such witness has not yet given testimony in the examination by the court or in the examination-in-chief by the said party. However, if the witness has begun to give testimony, such witness may be cross-examined or re-examined.

If the witness gives testimony against the party calling him or her, such party may request permission from the court to examine such witness as if he or she were a witness called by the opposing party.

An examination-in-chief, cross-examination or re-examination of a witness shall be carried out by one counsel in the case where the party has appointed several counsels, unless the court views otherwise.

Section 118. In the case where the party calling a witness will examine or re-examine the witness, such party shall not put any leading question, unless consented to by the opposing party or permitted by the court.

In the re-examination by the party calling the witness, such party shall not put any other questions than those relating to the testimony given by the witness in the cross- examination.

In any case, no party shall put to the witness:

  1. a question which is irrelevant to the issues of the case;
  2. a question which may expose the witness or the opposing party or any third party to any criminal charge or a question which defames the witness, unless such question is material in deciding a dispute.

If any party puts a question to a witness in violation of the provision of this section, the court, when it sees fit or upon objection by the opposing party, shall have the power to decide if such question is allowed. In this case, if the party concerned raises an objection to the decision of the court, the court, before it continues to proceed with the case, shall make a report specifying such question and objection. With regard to the reason based on which the objecting party has raised his or her objection, the court, in its discretion, shall note down the reason on the report or require such party to file a written statement for inclusion in the file.

Section 119. At any time while a witness is giving testimony or after he or she has given testimony but before judgement, the court shall have the power to put to the witness any question it thinks necessary to make the witness’s testimony complete or clearer or to inquire into the circumstances that led the witness to give such testimony.

If two or more witnesses give contradictory testimony on any material issue, the court, when it sees fit or upon the request of either party, shall have the power to call for such witnesses to be inquired simultaneously.

Section 120. If any party alleges that the testimony of any witness called by the opposing party or summoned by the court should not be believed for a reason found to be founded by the court, the court may allow such party to produce evidence to support his or her allegation as it sees fit.

Section 120/1. A court, upon the motion by any party and when the opposing party raises no objection, may, if it sees fit, permit the party filing the motion to submit a record of statement, in whole or in part, of the person intended to be called by such party to be a witness to confirm facts or opinions of the statement provider before the court in lieu of an examination-in-chief of the statement provider as a witness before the court.

The party who wishes to submit a record of statement in lieu of an examination-in- chief of a witness under paragraph one shall file a motion stating his or her wish together with the reasons with the court before the date of settlement of issues or before the date of taking evidence in the case where there is no settlement of issues, and the court shall consider determining a period of time for the party to file such record of statement with the court and serve a copy of such record of statement on the opposing party not less than seven days before the date on which such witness will be examined. After the record of statement has been filed with the court, the party filing it may not withdraw it. Such record of statement shall, after being certified by the witness’s testimony, be deemed an integral part of the testimony given in reply to the examination-in-chief.

The statement provider shall attend the court to give testimony in reply to any additional examination, cross-examination and re-examination questions of the parties. If the statement provider fails to appear, the court shall refuse to admit the record of statement of such person as evidence in the case. However, if the court finds that the statement provider is unable to appear in the court due to necessity or force majeure and for the purpose of justice, the court may admit the record of statement of the statement provider who did not appear in the court in support of other evidence.

In the case where the parties agree that the statement provider is not required to attend the court or the opposing party consents to such non-attendance or does not wish to cross-examine such person, the court shall admit the record of statement as evidence in the case.

Section 120/2. The court, upon the mutual motion by the parties and when it sees fit, may permit the submission of a record of statement of facts or opinions of the statement provider whose residence is in a foreign country to the court in lieu of bringing the oral evidence to give testimony before the court; provided, however, that the right of the statement provider to appear before the court for giving additional statement shall not be precluded.

Section 47, paragraph three shall apply, mutatis mutandis, to the signature of the statement provider.

Section 120/3. A record of statement under section 120/1 and section 120/2 shall contain the following particulars:

  1. The name of the court and case number;
  2. The day, month, year and place where the record is made;
  3. The names and surnames of the parties;
  4. The name, surname, age, address and occupation of the statement provider and his or her relationship with the party;
  5. The factual details or opinions of the statement provider;
  6. The signatures of the statement provider and of the party who submits the record of statement.

No amendment may be made to a record of statement which has already been filed with a court other than for the purpose of correction of errors or minor mistakes.

Section 120/4. Either party may request the court to examine oral evidence outside the court through a video conference system and the expense of which shall be borne by the party calling the oral evidence. For the purpose of justice, the court may grant such motion and the court shall conduct the proceedings in accordance with the Regulations in relation to the guidelines on taking of evidence of the President of the Supreme Court with the approval of the general assembly of the Supreme Court issued under section 103/3, and shall specify the method of examination, place and witnesses of such examination in accordance with such Regulations. Such expense shall not be deemed to be a proceeding cost.

The testimony under paragraph one shall be regarded as testimony given by a witness in a courtroom.

Section 121. At each hearing, after any witness has already given testimony, the court shall read to the witness such testimony and ask the witness to affix his or her signature thereon as provided in sections 49 and 50.

The provision of paragraph one shall not apply to the case where a record of statement is used in lieu of the testimony of a witness under section 120/1 or section 120/2 or where the examination of a witness is conducted through a video conference system under section 120/4 or where a witness testimony is recorded on the material capable of visually or audibly broadcasting or by any other means whereby the recording is verifiable by the parties and witness. If any party or a witness requests to inspect such recording, the court shall arrange for the inspection.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER III – PRODUCTION OF DOCUMENTARY EVIDENCE

Section 122. When any party relies upon any document as evidence and the opposing party raises an objection to such document as provided in section 125, if the original is in the possession of the party relying upon the document, such party shall produce the original before the court on the date of taking evidence.

At any time before judgement, if the court, when it sees fit or upon the filing of the request by the opposing party, requires the party relying upon the document to submit the original to the court, such party shall submit the original to the court for inspection by the court or by the opposing party subject to the conditions to be prescribed in a Ministerial Regulation governing such matter or to be prescribed by the court. However,

  1. if the original cannot be brought or filed, such party may file a request in the form of a motion with the court on or before the date scheduled for the original to be brought or filed, stating the inability to comply together with the reasons. If the court views that the applicant is unable to bring or file the original, the court may issue an order to allow for the original to be brought on the following day or order otherwise as it sees fit in the interest of justice. In the case where the applicant only wishes for the court to extend a period of time for bringing or filing the original, such request may be made ex parte.
  2. if the bringing or filing of the original document with the court will cause the document to be lost or damaged or will be hindered by any major obstacle or difficulty, the party relying upon the document may file an ex parte request in the form of a motion with the court on or before the date of taking evidence, stating the cause of such damage, obstacle or difficulty. If the court views that it is unable to bring or file the original with the court, the court may issue an order for such original to be filed at any place with any competent official and under any condition as the court sees fit or may issue an order for a copy, certified correct, of the whole or the part concerned of the document to be filed in lieu of the original.

Section 123. If the original document relied upon by a party as evidence is in the possession of the opposing party, the party relying on such document may, instead of producing a copy thereof, file a request in the form of a motion with the court requesting the court to order the opposing party to produce the original. If the court views that such document is important evidence and such motion is admissible, the court shall order the opposing party to file the original with the court within a reasonable period of time as may be prescribed by the court. If the opposing party having the original document in possession fails to comply with such order, it shall be deemed that the alleged fact to be proved by the applicant by such document has been admitted by the opposing party.

If the original document is in the possession of a third party or in the possession of any official agency or of an official to whom the party relying upon such document cannot directly apply for the delivery thereof, the provision of the preceding paragraph governing the filing of a request by the party relying upon the document and the court’s issuance of an order shall apply, mutatis mutandis; provided, however, that the party relying upon the document shall serve the court order on the possessor of the document at least seven days in advance. If such document cannot be obtained within a specified time, the court, when it sees fit, shall take further evidence as provided in section 93 (2).

Section 124. If a party relying on a document refuses to bring or file the original of it or if such party has damaged, destroyed, concealed or carried out any other act to render such document useless with a view to preventing the opposing party from relying on such document as evidence, it shall be deemed that the alleged fact to be proved by the opposing party by such document has been admitted by the party who has failed to bring or file such document.

Section 125. The party against whom a document is relied upon by the opposing party as evidence may, before completion of the taking of such documentary evidence, object to such documentary evidence being taken on the ground that there is no original or the original is forged, in whole or in part, or a copy thereof is not a true copy of the original.

If the party wishing to raise an objection has a reasonable reason not to know before completion of the taking of such documentary evidence that the original is absent, or the document is forged, or a copy thereof is not a true copy, such party may file a motion with the court to object to such document being adduced at any time before judgement. If the court views that such party could not raise such objection sooner and the request is well- grounded, the court shall issue an order granting such request.

If the party wishing to raise an objection fails to object to such document being adduced before completion of the taking of such documentary evidence or the court does not permit such objection subsequently raised, such party shall be prohibited from objecting to the existence and genuineness of such document or the correctness of a copy thereof, provided that the court’s power to conduct an examination and make a decision on the existence, genuineness or correctness shall not be precluded if the court sees fit and the party shall not be precluded from alleging that a contract or any other obligation specified in such document is invalid or misinterpreted by the opposing party.

Section 126. Subject to the provisions of the following sections, if the party against whom a document is relied upon by the opposing party as evidence denies the genuineness of such document or the correctness of a copy thereof, and the party relying on such document still confirms such genuineness or correctness, the court shall, if it sees fit, decide such dispute immediately if it thinks that no further evidence should be required to be taken or decide such dispute after all or any of the following procedures of taking evidence have been carried out:

  1. examining all documents not objected to and noting down the existence or contents of the document objected to;
  2. examining witnesses who are aware of the existence or contents of the document objected to or witnesses who are able to testify to the genuineness of the document or the correctness of a copy thereof;
  3. having the document objected to examined by an expert.

During when an adjudication of the case is not yet rendered, the court shall seize the document suspected of being forged or incorrect, provided that this shall not apply to official documents called for return by an official agency.

Section 127. A public document made or certified by a competent authority or a copy, certified correct, of such document and a private document confirmed as genuine and correct by a judgement shall be presumed to be genuine and correct. It shall be the duty of the party against whom the document is produced to prove its spuriousness or incorrectness.

Section 127 bis. If any original documentary evidence or material evidence of significance filed with the court by a party or a third party is required to be used regularly or when necessary by the person filing it or there is significance in keeping it, the court may allow the person filing it to take return of the same after examined by the parties and the party filing it has produced a copy or photograph of it in lieu of the original, or may issue any order as it sees fit.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER IV – INSPECTION AND APPOINTMENT OF EXPERTS BY COURT

Section 128. If evidence to be inspected by a court is a person or movable property which can be brought to the court, the party who is permitted to adduce such evidence shall bring such person or property to appear on the date of taking evidence or any other date to be determined by the court.

If it is not possible to have the inspection conducted in the  court,  the  court  shall conduct the inspection at the place and time and under the condition as the court sees fit according to the nature of such inspection.

Section 128/1. In the case where scientific evidence is required to prove any fact which is material to the case, the court, when it sees fit or upon the application of either party, shall have the power to order that any person, object or document be tested by scientific  methods.

In the case where scientific evidence will prove any fact that leads the court to its decision of the case without taking further evidence, the court, when it sees fit or upon the application of either party, may issue an order of immediate conduct of the test under paragraph one without waiting for the normal due date for taking evidence to come.

In the case where the test under paragraph one or paragraph two requires a collection of a sample of blood, tissue, skin, hair shaft or hair, urine, stool, saliva or other bodily fluid, DNA or other components of the body or any thing inside the body of any party or person, the court may require such party or person to be tested by a physician or any other expert only to the extent necessary and appropriate, provided that such party or person shall have the right to consent or not consent to such test.

In the case where a party does not give consent or does not cooperate in such test under paragraph one or paragraph two or does not allow, or prevents the person concerned from giving consent to the collection of the components of the body under paragraph three, it shall be presumed that the fact is as alleged by the opposing party.

The expenses of the test under this section shall be borne by the party applying for the test and such expenses shall be deemed a part of the costs. However, if the applicant is unable to pay the expenses or in the case where the court orders such test, the court shall order that the expenses be paid in accordance with the rules prescribed by the Judicial Administration Commission, and the liability for such expenses shall be in accordance with section 158 or section 161.

Section 129. In the case where a court, when it sees fit or upon the application of either party, will issue an order of appointment of an expert as mentioned in section 99:

  1. such appointment of an expert shall be at the court’s discretion, but the court may call the parties to designate an expert to be appointed by mutual agreement However, the court may not compel any person to become an expert unless such person has consented to have his or her name listed as an expert in the register of experts of the court.
  2. the expert appointed by the court may be challenged and shall swear an oath or take a vow and be entitled to receive a fee and reimbursement of expenses incurred as prescribed in the Ministerial Regulation governing such mat

Section 130. An expert appointed by a court may provide his or her opinion orally or in writing as the court may require. If the court is not satisfied with the opinion of an expert provided in writing or upon demand by any party in the form of a motion, the court shall call such expert to provide additional opinion in writing or call him or her to appear before the court to give oral explanation, or shall appoint another expert.

If an expert appointed by a court is required to provide oral opinion or to appear to give oral explanation, the provisions of this Title governing oral evidence shall apply, mutatis mutandis.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

TITLE VI – JUDGEMENTS AND ORDERS

CHAPTER I – GENERAL PRINCIPLES OF ADJUDICATION OF CASES

Section 131. A court in which a case is filed shall perform the following:

  1. With regard to a request filed by a party during the trial of the case in the form of a motion or oral request, the court shall issue an order granting or dismissing such request, either in writing or orally, provided that if the court gives an oral order, it shall note down such order in a detailed report;
  2. With regard to the issues of the case, the court shall decide such issues by a judgement or order or dispose of the case from the case list as provided in this Title.

Section 132. A court shall issue an order of disposal of a case from the case list without deciding the issues and shall determine conditions regarding costs as it sees fit,

  1. when the plaintiff abandons or withdraws his or her plaint or fails to appear in the court on the date scheduled for a trial as provided in section 174, section 175 and section 193 bis;
  2. when the plaintiff fails to furnish a guarantee as provided in  section  253  and section 323 or when any party or both parties are in default as provided in section 198, section 200 and section 201;
  3. if the death of any party renders the case no longer useful or if no person substitutes the deceased party as provided in section 42;
  4. when the court has issued an order for any cases or case to be tried together or separately and thus the case is required to be transferred to another court as provided in sections 28 and 29.

Section 133. When a court does not dispose of a case from the case list as provided in the preceding section, the court shall adjudicate the case by a judgement or order on the date of completion of the trial. However, for the purpose of further consideration of the case, the court may postpone its judgement or order to any later date as it sees fit for the purpose of justice.

Section 134. In any case, no court accepting the case may refuse to render  a judgement or order adjudicating the case on the grounds that there is no provision of law applicable to the case or the provision of law applicable to the case is vague or incomplete.

Section 135. In a case in which performance of a monetary obligation is claimed or is included in a claim, the defendant, at any time before judgement, may deposit money with the court in the amount claimed, in whole or in part, or in the amount as he or she thinks sufficient to cover the claim of the plaintiff, with or without admission of guilt.

Section 136. In the case where the defendant deposits money with the court with admission of guilt, if the plaintiff is satisfied and accepts the money deposited by the defendant without further claim and there is no issue of the case to be further decided, the court shall render a judgement accordingly. The judgement shall be final. However,  if  the plaintiff is not satisfied with the amount of money deposited by the defendant and intends to proceed with the case further with an aim to make the defendant liable for the amount of money further claimed, the defendant shall be entitled to recover  such  deposit  and  such deposit shall be deemed not to have been deposited, or the defendant may consent to the plaintiff’s taking of such deposit. In the latter case, whether the plaintiff has taken the deposit or not, the defendant shall not be required to pay interest on the deposit from the date on which the defendant consents to the plaintiff’s taking of such deposit, even though the defendant must be liable according to law.

In the case where the defendant deposits money with the court without admission of guilt, the defendant may not recover such deposit before the defendant has been judged not to be liable. This deposit shall not exempt the defendant from paying interest if he or she is so liable according to law.

Section 137. In a case in which performance of an obligation other than a monetary obligation is claimed, the defendant shall be entitled to perform such obligation by informing the court in his or her answer or in a separate written statement.

If the plaintiff accepts that such performance is in full satisfaction of his or her claim, the court shall render a judgement accordingly and such judgement shall be final.

If the plaintiff is not satisfied with such performance, the plaintiff shall be entitled to proceed with the case.

Section 138. In a case in which the parties agree or compromise on the issues of the case without the plaint being withdrawn and such agreement or compromise is not contrary to law, the court shall note down the terms of the agreement or compromise in a detailed report and render a judgement accordingly.

This judgement may not be appealed, unless:

  1. there is an allegation that either party has committed a fraud;
  2. such judgement is alleged to infringe a provision of law involving public order;
  3. such judgement is alleged not to be in accordance with the agreement or compromise.

If the parties merely agree to submit the case to arbitration, the provisions of this Code governing arbitration shall apply.

Section 139. When two or more cases have been tried together for the trial to be carried out conveniently, the court may render a judgement in any of such cases in which the trial has been completed and then render a judgement in the other cases.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER II – CONTENTS AND EFFECTS OF JUDGEMENTS AND ORDERS

Section 140. In the making of a judgement or an order of a court, the following rules shall be complied with:

  1. The court shall be fully composed in accordance with the provisions of the law governing jurisdiction and competence of judges.
  2. Subject to the provision of section 13, if a judgement or order is required to be rendered by several judges, such judgement or order shall be by a majority opinion. In a court of first instance and appeal court, if any judge has a dissenting opinion, such judge shall write the substance of his or her dissenting opinion and reasons therefor for attachment to the case file.

In an appeal court or the Supreme Court, if the President of the Appeal Court or the President of the Supreme Court, as the case may be, sees fit, a decision upon any question in any case may be made at a general assembly or a meeting of a division, or if the law requires that a decision upon any question or in any case be made at a general assembly or a meeting of a division, it shall be decided at a general assembly or a meeting of a division, as the case may be.

Subject to the provision of section 13, unless otherwise provided for by law, such general assembly or meeting of a division of the appeal court or the Supreme Court shall consist of all judges who are on duty, but shall not be less than one-half of the number of the judges of such court or of the division in which the meeting is conducted, and the President of the Appeal Court or the President of the Supreme Court, the President of the division of the appeal court or the Supreme Court, as the case may be, or a person acting for such person shall preside over the meeting.

A decision of a general assembly or a meeting of a division shall be made by a majority of votes, and in the case of an equality of votes, the presiding member of the meeting shall have an additional vote as the casting vote.

In a case in which a general assembly or a meeting of a division has decided any question, a judgement or order shall be rendered in accordance with the decision of the general assembly or meeting of a division and must indicate which question has been decided by the general assembly or meeting of a division. The judge attending the meeting, even though not sitting at the trial, shall have the power to issue a judgement or order for such case and may also, only in an appeal court, provide a dissenting opinion together with reasons.

In the case where any question in any case has been decided at a meeting of a division, if the President of the Appeal Court or the President of the Supreme Court, as the case may be, sees fit, such question may again be decided at a general assembly.

(3) The entire contents of a judgement or order must be read in open court at the time prescribed by this Code in the presence of both parties or either party. In such case, the court shall note down such reading in the judgement or order or in a report and cause the parties present in the court to affix their signatures thereon.

If no party is present in the court, the court may suspend the reading of the judgement or order. In which case the court shall note down the fact in a report and such judgement or order shall be deemed to have been pronounced according to law.

When the court judging the case or assigned to read the judgement or order as ordered by the higher court has pronounced the judgement or order as provided by this section on any date, such date shall be deemed to be the date of judgement or order of such case.

Section 141. A judgement or an order of a court shall be made in writing and mention or set forth:

  1. The name of the court judging the case;
  2. The names of all parties and of their legal representatives or representatives, if any;
  3. The particulars of the case;
  4. The reasons for all decisions;
  5. The decision of the court on the issues of the case and the decision to costs. Such judgement or order shall bear the signatures of the judges rendering the judgement or order. If any judge cannot affix his or her signature, the other judges rendering the judgement or order of such case or the Chief Justice, as the case may be, shall note down the reasons for such judge not affixing his or her signature and his or her concurring opinion in the judgement or order for attachment to the case file.

In the case where the court is competent to issue an oral order or judgement, the report to be made by the court with regard to such order or judgement is not required to contain the particulars of the case or the reasons for the decisions. However, if any party notifies his or her wish to appeal or has filed an appeal, the court shall have the power to make a statement of the material particulars or the reasons for the decisions for attachment to such report within a reasonable period of time.

Section 142. A judgement or court order adjudicating the case shall give a decision on every claim in the plaint. However, no judgement or order shall be given for anything beyond or other than those appearing in the plaint, except:

  1. in a case in which immovable property is claimed, such claim is understood to be of the same kind as a claim for eviction of a defendant, and if the court renders a judgement in favour of the plaintiff and when it sees fit, it may issue an order of eviction of the def This order shall apply to all relatives and dependents of the defendant residing on such immovable property who cannot present any special powers to the court;
  2. in a case in which the plaintiff claims the whole of any thing, but it is considered that the plaintiff should only be entitled to a portion thereof, the court, when it sees fit, may render a judgement in favour of the plaintiff for such portion;
  3. in a case in which the plaintiff claims payment of a sum of money together with interest up to the date of the filing of the plaint, the court, when it sees fit, may render a judgement ordering payment of interest by the defendant up to the date of full payment in accordance with the judgement;
  4. in a case in which the plaintiff claims rent or compensation for damage which is continuing, calculated up to the date of the filing of the plaint, the court, when it sees fit, may render a judgement ordering payment of such rent and compensation up to the date of full payment in accordance with the judgement;
  5. in a case in which a legal provision involving public order may be raised, the court, when it sees fit, may raise it for decision and render a judgement accordingly;
  6. in a case in which the plaintiff claims payment of a sum of money together with interest at the rate that has not been agreed upon, the court, when it sees fit, taking into account the reasonableness and good faith in the defence or proceeding with the case, may render a judgement ordering payment of interest by the defendant at the rate higher than that entitled to by the plaintiff according to law but not exceeding fifteen percent per year from the date of the filing of the plaint or any other later date.

Section 143. If there is any minor error or other minor mistakes in any judgement or order and no appeal or petition is made against such judgement or order, the court rendering such judgement or order, when it sees fit or upon the application of the party concerned, may issue a supplemental order to correct such error or mistake. However, if there is an appeal or petition against such judgement or order, the power to correct such error or mistake shall vest in the appeal court or the Supreme Court, as the case may be. A request for correction of such error or mistake shall be filed with such court, either by stating it in the appeal or the petition or by a separate motion.

A supplemental order under this section shall not reverse or amend the decision given in the original judgement or order.

Upon issuance of such order, no copy of the original judgement or order may be made unless together with a copy of the supplemental order.

Section 144. When any court has already rendered a judgement or order adjudicating the case or any issue of the case, no proceedings in relation to the case or issue so adjudicated may be conducted in such court, except the proceedings subject to the provisions of this Code governing:

  1. the correction of minor errors or other minor mistakes under section 143;
  2. the new trial of cases which have been tried and adjudicated ex parte under section 209 and cases of which documents have been lost or damaged under section 53;
  3. the filing, acceptance or rejection of appeals or petitions under sections 229 and 247 and the measures of provisional execution pending the filing of an appeal or petition under section 254, last paragraph;
  4. the sending back of cases by the Supreme Court or an appeal court to the lower court which has tried or adjudicated such cases for a new judgement or a new trial and judgement under section 243;
  5. the execution of judgements or orders under section 271, provided that the application of the provisions of sections 16 and 240 governing the proceedings conducted upon commission of another court shall not be precluded.

Section 145. Subject to the provisions of this Code governing appeal, petition and new trial, any judgement or order shall be deemed to be binding upon the parties to the proceedings of the court rendering the judgement or order from the date of such judgement or order until the date on which such judgement or order has been modified, amended, reversed or subject to a stay, if any.

Notwithstanding the general statement worded by the court that the judgement shall also be applicable to third parties who are not parties to the proceedings before the court, such judgement or order shall not be binding on third parties, except as provided in section 142 (1), section 245 and section 366 and the following:

  1. Judgements relating to the status or capacity of a person, or judgements ordering the dissolution of a juristic person, or bankruptcy orders may be set up by or asserted against a third party;
  2. Judgements deciding on the ownership of any property in favour of either party may be asserted against a third party, unless such third party can prove that his or her right has preference.

Section 146. When final judgements or orders of two courts of different levels mention the same indivisible performance and such judgements or orders are in conflict to each other, the judgement or order of the higher court shall prevail.

If the same court of first instance or two courts of first instance of the same level or an appeal court has rendered such judgements or orders, the parties to the proceedings of the cases in which such judgements or orders have been issued shall be entitled to file an application with a court of the immediate higher level for an order determining which of such judgements or orders shall prevail. Such order shall be final.

Section 147. Any judgement or order which may not be appealed or petitioned or with respect to which a request for a new trial is not allowed according to law shall be deemed final from the date of its pronouncement.

Any judgement or order which may be appealed, petitioned or with respect to which a request for a new trial is allowed shall, if it is not appealed, petitioned or a request for a new trial is not made within a prescribed period of time, be deemed final from the expiration of such period of time. If it is appealed, petitioned or a request for a new trial is made and the appeal court or the Supreme Court or the court of first instance of retrial issues an order of disposal of the case from the case list as provided in section 132, such judgement or order shall be deemed final from the date of issuance of the order of disposal of the case from the case list.

Any party may file a request with the court of first instance trying the case for issuance of a certificate presenting that such judgement or order of the case has become final.

Section 148. In a case of which the judgement or order has become final, the same parties may not again bring a case against each other with respect to the issues decided based on the same grounds, except in the following cases:

  1. When it is the proceedings for the execution of the judgement or court order;
  2. When the judgement or order has prescribed provisional measures subject to alteration or repeal according to circumstances;
  3. When the judgement or order has dismissed the plaint without precluding the plaintiff from re-filing his or her plaint in the same court or in another court, subject to the provisions of law governing prescription.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

CHAPTER III – COSTS

PART I – DETERMINATION AND PAYMENT OF COSTS AND EXEMPTION OF COURT FEES

Section 149. Costs shall include court fees, fees for taking evidence out of court, commissions, travelling and accommodation expenses for witnesses, experts, interpreters and court officers, lawyer’s fees, proceeding expenses as well as other fees or expenses required to be paid by law.

Subject to the provisions of this Code or other laws governing exemption of court fees, a court fee on entry shall be paid by the party filing the plaint upon such filing.

A court fee shall be paid or deposited with a court in cash or certified bank cheque and a court officer shall issue a receipt thereof or carry out according to the procedure prescribed in the Regulations of the President of the Supreme Court.

The court fee and deposit with court for a plaint, an appeal, a petition, an interpleader motion, an answer or any other motion or request filed with the court together with a motion for exemption of court fees under section 156 as well as for any proceedings carried out in the stage of examination of such motion shall not be required to be paid unless the court dismisses such motion.

Section 150. In a case in which a request for relief can be computed in terms of money, the plaintiff shall pay the fee on entry in a court of first instance according to the amount of the claim or the value of the property in dispute.

With regard to the fee on entry on appeal or on petition, if the amount of the claim

or the value of the property in dispute on appeal or on petition is the same as in the court of first instance, the appellant or petitioner shall pay the fee according to such amount or value as in the court of first instance. However, if the appellant or petitioner is satisfied with only part of the judgement or order of the lower court and the amount or value involved on appeal or on petition is lesser than in the court of first instance, the appellant or petitioner shall pay the fee on entry according to such lesser amount or value.

When the fee on entry has already been paid, if the amount or value of the plaint or the appeal or the petition is increased by reason of the filing of a supplementary plaint, appeal or petition or otherwise, additional fee shall be demanded as provided in the Schedule annexed to this Code when the supplementary plaint, appeal or petition is filed or within a reasonable period of time as the court sees fit, as the case may be.

If, owing to the court’s order for any cases or case to be tried together or separately, any plaint or claim in a plaint is required to be transferred to another court or re-filed with such court or with another court as a separate case, the plaintiff shall be exempted from paying the fee on entry or re-entry of such plaint or claim, unless the amount or value of the plaint or claim is increased, in which case only the increasing portion of the fee shall be calculated and paid as provided in the preceding paragraph.

In the case where persons who are co-parties to the case in which the grounds of action are the performance of an indivisible obligation file appeals or petitions on a separate basis and both of them have paid the fee on entry on appeal or on petition in accordance with the provision of paragraph two, if such fee in aggregate is higher than the fee payable by the parties in the case where they jointly file an appeal or petition, the appeal court or the Supreme Court, as the case may be, shall issue an order of return of the excess fee to those parties in proportion to the fees paid by each of them, at the time of issuance of a judgement or order by such court.

Section 151. In the case where a court issues an order rejecting a plaint or in the case where an appeal, a petition or a request for a new trial is made and the court rejects such appeal,  petition or request for a new trial or the appeal court or the Supreme Court issues an order of dismissal of such appeal or petition without deciding the issues of such appeal or petition, the court shall issue an order of refund of all fees on entry.

When a plaint is withdrawn, or when a court decides to dismiss a plaint without precluding the plaintiff from re-filing the case, or when such case is finally settled by an agreement or a compromise or a judgement rendered in accordance with an arbitral award, the court shall have the power to order refund of the whole or part of the fees on entry to any parties paying such fees as it sees fit.

In the case of nonsuit or disposal of a case by a court order in any other cases, the court shall have the power to order refund of a part of the fees on entry as it sees fit.

If an appeal court or the Supreme Court issues an order directing the case file to be sent back to the lower court for a new judgement or retrial of the case, in whole or in part, as provided in section 243, the appeal court or the Supreme Court shall have the power to exempt the parties from paying the court fees for the re-proceedings of the lower court or for the filing of an appeal or petition against the new judgement of the lower court, as the court sees fit.

Section 152. Any other cost than the fee on entry shall be paid by the party who initiates the proceedings when such proceedings are carried out or within a period of time as required by law or as ordered by the court. If the court gives an order to proceed with any proceedings, the court shall determine a person who shall pay the cost for such proceedings, including a period of time within which such cost is to be paid.

If a person who shall pay the cost under paragraph one fails to make the payment, the court may order to stay or revoke such proceedings or may order the other party to pay such cost with such other party’s consent.

Section 153. Execution costs shall include execution fees, commissions, travelling and accommodation expenses for executing officers as well as all other expenses for the execution required to be paid by law.

An execution cost shall be paid by a creditor who applies for such execution.

In the payment of execution fees, an executing officer shall issue a receipt thereof.

In the case where the execution continues to be carried out in accordance with section 327 or section 329 (2), the creditor who carries out the continued execution shall pay the execution costs only for the part of properties subject to such continued execution.

Section 153/1. The payment of costs under section 149 and execution costs under section 153 shall be made in accordance with the method and rates as provided in this Code or in accordance with the method and rates required by other laws.

Section 154. An executing officer shall have the power to order a creditor who applies for the execution to deposit the expenses for the implementation of measures for the protection of the rights of the parties during trial or deposit the expenses for the enforcement of a judgement or order in the amount as he or she thinks necessary. If the executing officer views that the amount deposited is not sufficient, he or she may notify the creditor who applies for the execution to deposit an additional sum of money.

If the creditor who applies for the execution views that the deposit under paragraph one is not necessary or the amount of the deposit is excessive, he or she may file a motion with the court within seven days from the date of receipt of the notification, requesting the

court to issue an order. Such order shall be final.

If the creditor who applies for the execution fails to comply with paragraph one or fails to comply with the court order under paragraph two, the executing officer shall stay the execution until the creditor has complied with the order of the executing officer or of the court, as the case may be.

The provision of this section shall apply, mutatis mutandis, to a creditor who carries out the continued execution under section 327 and section 329 (2).

Section 155. A party who is unable to pay court fees may file a motion with the court for exemption of the court fees for suing or defending the case in a court of first instance or on appeal or on petition as provided in section 156 and section 156/1.

Section 156. Any person who wishes to apply for exemption of the court fees for suing or defending the case shall file a motion with the court of first instance in which the case will be or has been filed together with his or her plaint, appeal, petition, interpleader motion or answer, as the case may be. However, if such person has subsequently become a person who is unable to pay the court fees, he or she may file such motion at any time.

In filing the motion under paragraph one, the applicant may present evidence together with the motion and if the court sees fit to examine additional evidence, it shall conduct such examination at prompt to the extent necessary. The court may issue an order to temporarily stay the proceedings of such case, in whole or in part, until the decision on the motion for exemption of the court fees has become final, as the court sees fit.

Section 156/1. When the court has completed the consideration of the motion for exemption of the court fees, it shall immediately issue an order either to grant such motion, in whole or in part, or dismiss such motion.

The court shall not grant such motion unless it is reasonably believed that the applicant does not have sufficient property to pay the court fees or if the applicant would not be exempted from paying the court fees, he or she would suffer excessive trouble, taking into account the status of the applicant and, in the case where the applicant is the plaintiff or appellant or petitioner, the filing of a plaint or appeal or petition is reasonably grounded.

When any party who has been exempted from paying the court fees for suing or defending the case in a court of first instance files such motion again on appeal or on petition, as the case may be, it shall be deemed that such party still does not have sufficient property to pay the court fees or if he or she would not be exempted from paying the court fees, he or she would still suffer excessive trouble, unless it appears to the court otherwise.

In the case where the court issues an order of exemption of only a part of the court fees or of dismissal of the motion, the applicant may file an appeal against such order with the court within seven days from the date of such order. The order of the appeal court shall be final.

Section 157. When the court has granted permission for any person to be exempted from paying court fees in any court, such person shall not be obligated to pay court fees for the proceedings carried out in such court. These fees shall include deposits with court on the filing of an appeal or petition. If the court grants such permission during trial,  the exemption of payment of court fees shall apply only to the court fees and deposits with court to be paid or placed after the issuance of such order of permission. Any court fees or deposits with court paid or placed prior to such order shall not be refunded.

Section 158. If the court views that the opposing party must be liable for payment of the costs, in whole or in part, of both parties, the court shall render a judgement on the costs by ordering such opposing party to pay to the court, on behalf of the person exempted from paying the court fees, the whole or part of the court fees from which such person is exempted, as the court sees fit.

Section 159. If it appears to the court that the person exempted from paying court fees is able to pay the court fees from the time of the filing of the motion under section 156 or at a later time prior to adjudication of the case, the court shall issue an order requiring such person to pay the exempted court fees to the court within a period of time as the court sees fit to prescribe. In case of such person’s failure to do so, the court shall issue an order of seizure or attachment of the whole or part of the property of the person exempted from paying the court fees pending decision on the costs.

In the case of paragraph one, if the court views that:

  1. the costs shall be borne by both parties, the court shall issue an order directing payment of the court fees from which such person is exempted out of the property seized or attached as mentioned in paragraph one in an amount as the court sees fit;
  2. the opposing party shall pay the costs, in whole or in part, on behalf of the person exempted from paying the court fees, the court shall issue an order directing the opposing party to pay the court fees to the court on behalf of the person granted the However, if the opposing party fails to comply with this order, the court shall take payment of such court fees out of the property seized or attached as mentioned in paragraph one in an amount as it sees fit; or
  3. the person exempted from paying the court fees shall pay the costs, in whole or in part, on behalf of the opposing party, the court shall issue an order directing payment of such costs out of the property seized or attached as mentioned in paragraph The court fees from which such person is exempted shall be paid out of the remaining property, if any, in an amount as the court sees fit.

Section 160. If a person granted exemption from court fees behaves improperly, such as carrying out proceedings in a manner that causes undue disturbance or committing an offence of contempt of court or willfully delaying the case, the court may revoke such exemption at any time and such person shall be liable for payment of the costs for any proceedings carried out subsequent to such revocation.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

PART II – ULTIMATE LIABILITY FOR COSTS

Section 161. Subject to the provisions of the following five sections, the party losing the case shall be ultimately liable for all costs. However, irrespective of whether either party wins the case in its entirety or in part, the court shall, at its discretion, have the power to render a judgement directing the winning party to be liable for all costs or each party to be liable to his or her own costs or in proportion to the costs previously incurred by all parties, taking into account the reasonableness and good faith of the parties’ conduct of the case.

In a non-contentious case, the party initiating the case shall pay the costs.

Section 162. Persons who are joint plaintiffs or joint defendants shall not be jointly liable for costs but shall be liable to an equal share thereof, unless they are joint creditors or joint debtors or the court orders otherwise.

Section 163. If a case is finally settled by an agreement or compromise or arbitration, each party shall be liable to the costs for the proceedings carried out by such party, unless otherwise agreed by the parties.

Section 164. In the case of a deposit with court under sections 135, 136, the defendant shall not be liable for the costs with respect to the sum deposited, incurred subsequent to such deposit.

If the plaintiff accepts that such sum deposited with the court is in full satisfaction of his or her claim, the defendant shall be liable for the costs.

If the plaintiff accepts that such sum deposited with the court is in part satisfaction of his or her claim and proceeds with the case, the defendant shall be liable for the costs, unless the court renders a judgement directing the plaintiff to lose the case, in which case the plaintiff shall be liable for all costs incurred from his or her refusal to accept the sum deposited with the court in full satisfaction of his or her claim.

Section 165. In the case of performance as provided for by section 137, if the plaintiff accepts such performance in full satisfaction of his or her claim, the defendant shall be liable for the costs, unless the court sees fit to order otherwise.

If the plaintiff is not satisfied with such performance and proceeds with the case, the costs shall be at the court’s discretion. However, if the court views that such performance is in full satisfaction of the plaintiff’s claim, the plaintiff shall be liable for all costs incurred from the plaintiff’s refusal to accept such performance.

Section 166. A party shall be liable for the costs incurred from any proceedings unnecessarily carried out by such party or carried out by such party to delay the case or carried out due to his or her fault or gross negligence, irrespective of whether such party will win the case.

Section 167. An order concerning costs shall, whether or not upon the request of all or either party, be given by the court in a judgement or order adjudicating the case or in an order of disposal of the case from the case list, as the case may be. However, if the court, for the purpose of the adjudication of a case, issues any order during trial, it may issue an order concerning costs for the proceedings terminated in such order or in a judgement or order adjudicating the case, at its option.

In the case of a dispute on the matter which is not an issue in the case, the court shall issue an order concerning costs for such dispute in an order deciding such dispute.

In the case of a new trial, the court shall have the power to issue an order concerning costs for the first and the new trials in a judgement or order.

Section 168. In the case where a party may appeal or petition against a judgement or an order of a court, the party shall not appeal or petition on a question of costs alone, unless the ground for such appeal or petition is that the cost has not been determined or calculated correctly according to law.

Section 169. When a decision has been given on costs, the Chief of the Office of the Justice Court of First Instance shall prepare an account showing the costs paid by each of the parties respectively and the amount to be liable by either or both parties according to the court’s decision. Any party or person concerned may request a copy of such account.

Section 169/1. If a person who is required to pay costs has any unpaid costs owed to a court or to an executing officer or to any person other than a judgement creditor, such court, executing officer or person may enforce payment of such costs out of the property of such person as if he or she were a judgement debtor. In this case, the Chief of the Office of the Justice Court of First Instance, the executing officer or the person entitled to the costs, as the case may be, shall be deemed to be a judgement creditor.

The execution under paragraph one shall be exempted from all execution costs. However, if there is any remainder of the proceeds of the execution after payment to the entitled persons, such exempted costs shall be deducted from the remainder.

Section 169/2. Subject to the provision of section 169/3, a judgement debtor shall be liable for execution costs, which shall be deducted from the proceeds derived from the seizure, attachment, sale or disposal of the property of the judgement debtor or from the sum deposited by the judgement debtor.

In the case where the execution is carried out against a bailor in a court, the execution costs in such part shall be deducted from the proceeds derived from the execution of the bail bond.

In the case where the execution of a judgement is carried out for the purpose of the division of coownership or an estate, the coowners or heirs receiving the share thereof shall be liable for the execution costs, which shall be deducted from the proceeds of the sale or disposal of the property which is co-owned or the estate.

In the case where any execution is withdrawn other than the cases under section 292 (1) and (5), the judgement creditor who applies for seizure or attachment of the property shall be liable for the execution costs.

Section 169/3. In the case where the execution costs incurred from any execution unnecessarily carried out or carried out to delay the case or carried out due to a person’s fault or gross negligence or dishonestly carried out, prior to the completion of such execution, the injured person or judgement debtor, as the case may be, may file a motion with the court within seven days from the date on which the circumstances upon which such allegation is grounded are known, for the court to issue an order directing the person carrying out such act to be liable for such costs.

The court’s order under this section may be appealed to an appeal court and a judgement or order of the appeal court shall be final.

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Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.

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