Book 2 Procedure Of Courts Of First Instance

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 II
PROCEDURE OF COURTS OF FIRST INSTANCE

TITLE I Ordinary Procedure of Courts of First Instance (Section 170-188)

TITLE II Special Procedure of Courts of First Instance

PART VI Fees (Section 222/49)

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 I – ORDINARY PROCEDURE OF COURTS OF FIRST INSTANCE

Section 170. No case shall be filed, tried and adjudicated for the first time in or by any court other than a court of first instance, unless otherwise expressly provided by law.

Subject to the provisions of this Book governing non-contentious cases, petty cases, default and arbitration, the filing, trial and adjudication of a case in a court of first instance shall, in addition to the general provisions of Book I, also be governed by the provisions of this Title.

Section 171. Where it is provided by this Code that a case may be filed with a court of first instance or a question may be submitted to a court of first instance for adjudication in the form of an application, the provisions of this code governing the rights and duties of the plaintiff and defendant and the procedure following the filing of a plaint shall apply, mutatis mutandis, to the applicant and the opposing party, if any, and to the procedure following the filing of the application.

Section 172. Subject to the provision of section 57, the plaintiff shall submit his or her claims in the form of a plaint in writing with a court of first instance.

A plaint shall clearly set forth the nature of the plaintiff’s claims and of the requests for enforcement, as well as the allegations on which such claims are based.

The court shall examine the plaint and order to accept or dismiss or return it as provided by section 18.

Section 173. When the court has accepted a plaint, it shall issue a writ of summons to answer to be served on the defendant together with a copy of the plaint, and within seven days from the date of the filing of the plaint, the plaintiff shall apply to a competent authority for the service of such summons.

From the time at which the plaint has been filed, the case is pending trial and in consequence thereof:

  1. the plaintiff shall be prohibited from filing a plaint on the same matter with the same court or another court; and
  2. if there is any change in the circumstances concerning the filing of the case with the court having jurisdiction over the case, such as a change in the defendant’s domicile, such change shall not deprive the court accepting the case of the competence to try and adjudicate the case.

Section 174. The plaintiff shall be deemed to have abandoned his or her plaint in the following cases:

(1) After the plaint has been submitted, the plaintiff fails to apply to a competent authority for the service of a writ of summons to answer on the defendant and fails to notify the court of the reason of such failure within seven days from the date of the filing of the plaint;

(2) The plaintiff fails to proceed with the case within a period of time as the court sees fit to prescribe for that purpose by an order duly served on the plaintiff.

Section 175. Before the defendant files his or her answer, the plaintiff may withdraw his or her plaint by filing a written notice with the court.

After the defendant has filed the answer, the plaintiff may file a request in the form of a motion with the court of first instance for permission to withdraw the plaint. The court may or may not grant such request or may grant such request upon conditions as it sees fit, but:

  1. the court shall not grant such request without prior hearing of the defendant or an interpleader, if any,
  2. in the case where the plaintiff withdraws the plaint because there is an agreement or compromise with the defendant, the court shall grant such

Section 176. The abandonment or withdrawal of a plaint shall invalidate the effect of the filing of such plaint, including other proceedings carried out subsequent to such filing, and shall cause the parties to be restored to the condition in which they were previously as if such filing had not been made. However, any plaint which has already been abandoned or withdrawn may be re-filed subject to the provisions of the law governing prescription.

Section 177. When a writ of summons and plaint have been served on the defendant, the defendant shall prepare and file an answer in writing with the court within fifteen days. The defendant shall clearly set forth in the answer that the defendant admits or denies

the whole or part of the plaintiff’s allegations, including the reasons for such denial.

The defendant may make a counterclaim in the answer; provided, however, that if the counterclaim is not related to the original plaint, the court shall order the defendant to file a separate case.

The court shall examine the answer and order to accept or return or reject it as provided by section 18.

The provision of this section shall apply, mutatis mutandis, to a third party who is summoned to appear as an interpleader under section 57 (3).

Section 178. If the defendant makes a counterclaim in his or her answer, the plaintiff shall prepare and file an answer to the counterclaim with the court within fifteen days from the date on which the answer has been served on the plaintiff.

The provision of the preceding section shall apply, mutatis mutandis, to such answer to a counterclaim.

Section 179. The plaintiff or defendant may amend any claim, defense, allegation or contention specified in the plaint or answer first submitted to the court.

Such amendment may, in particular, be made for the purpose of:

  1. increasing or decreasing the amount or value of the property in dispute in the original plaint; or
  2. waiving some claims in the original plaint, or supplementing the original plaint for completion by submitting a supplementary plaint or submitting a plaint intended to secure the protection of his or her rights during trial or to enforce a judgement or order; or
  3. raising a new defense against the original claim or claim subsequently filed, or amending any allegation or contention to support or rebut the claim of the opposing

However, no party may submit a plaint to a court, whether in the form of a supplementary plaint or counterclaim after the original plaint has been filed with the court, unless there is sufficient connection between the original plaint and the subsequent plaint to justify joining them together for trial and adjudication.

Section 180. An amendment to a plaint or answer already submitted to a court shall be made in the form of a motion filed with the 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, unless the motion could not be filed sooner due to valid reasons or the amendment involves public order or the purpose of the amendment is to correct minor errors or minor mistakes.

Section 181. Except for cases where such motion may be made ex parte,

  1. no order shall be issued to accept the amendment unless a copy of the motion has been served on the opposing party at least three days prior to the date scheduled for the consideration of such motion;
  2. the court shall not render a judgement or order adjudicating the issues with respect to which the party has amended the plaint or answer, unless the opposing party has a full opportunity to examine, contend and rebut the new claims or defences, or the new allegations or contentions specified in the motion of

Section 182. When a plaint, answer and answer to a counterclaim, if any, have been filed, the court shall settle the issues by notifying the date of settlement of issues to the parties not less than fifteen days in advance, except in the following cases:

  1. Any of the defendants is in default of answer;
  2. The answer of the defendant expressly admits the plaintiff’s plaint in its entirety;
  3. The answer of the defendant denies all of the plaintiff’s allegations without any reason for such denial and the court views that it is unnecessary to settle the issues;
  4. The court finds that it is appropriate to adjudicate the whole case without taking evidence;
  5. The case of a petty case under section 189 or a simple case under section 196;
  6. The case in which the court views that the issues in dispute are simple or it is unnecessary to settle the issues.

In the case where no settlement of issues is required, the court shall issue an order to stay the settlement of issues and determine the date of taking evidence, if any, and shall have the order served on the parties for acknowledgement under section 184, unless any party has become aware or is deemed to have become aware of such order.

The parties may define the issues in dispute by filing a mutual statement with the court. In this case, the issues to be settled shall be determined accordingly. However, if the court views that such statement is not correct, it shall have the power to issue an order dismissing such statement and proceed with the settlement of issues under section 183.

Section 182 bis. (Repealed)

Section 183. On the date of settlement of issues, the parties shall appear before the court and the court shall examine the pleadings and statements of the parties. The court shall then compare the allegations and contentions appearing in the pleadings and statements of the parties and ask all parties about the allegations, contentions and evidence to be filed with the court, in particular, whether and how any party admits or disputes such allegations and contentions. Any fact admitted by the parties shall be conclusive accordingly. With regard to a point of law or fact raised by a party but is not admitted by the pleading of the other party and is directly relevant to the issues in dispute in the pleadings, the court shall set it as a point of issue to be settled and direct any party to adduce evidence to prove any issues in any order of sequence.

In the questioning of the parties under paragraph one, each party must answer questions put to him or her by the court itself or at the request of the other party, about facts raised by the other party as allegations, contentions and evidence to be filed with the court. If any party does not answer the question related to any fact or denies any fact without valid reason, he or she shall be deemed to admit such fact unless such party is not capable of providing an answer or a reason for such denial at such time.

The parties shall be entitled to object to the correctness of the issues in dispute or burden of proof as directed by the court by making an oral statement before the court at such time or filing a motion with the court within seven days from the date on which the court orders to determine the issues in dispute or burden of proof. The court shall decide the objection before the date of taking evidence. The decision on the objection shall be subject to section 226.

Section 183 bis. In the case where all or either party does not appear before the court on the date of settlement of issues, the court shall proceed with the settlement of issues and the party not appearing before the court shall be deemed to have acknowledged the proceedings carried out on that date.

The party not appearing before the court shall not be entitled to object to the correctness of the issues in dispute and burden of proof as directed by the court, unless there is unavoidable necessity for such inability to appear in the court on the date of settlement of issues or the objection involves public order, in which case section 183, paragraph three shall apply, mutatis mutandis.

Section 183 ter. (Repealed)

Section 183 quater. (Repealed)

Section 184. In the case where there is settlement of issues, the court shall determine the date of taking evidence which shall not be earlier than ten days from the date of settlement of issues.

In the case where there is no settlement of issues, the court shall issue a summons fixing the date of taking evidence and shall have it served on the parties not less than ten days in advance.

Section 185. On the date of taking evidence, the court, when it sees fit or upon the request of either party, may read over to the parties the plaint, answer and answer to the counterclaim, if any, or the detailed report on the settlement of issues, as the case may be, and the motion for amendment (which has been filed with the court and duly served on the parties).

Subject to the provisions of the following three sections, the court shall take evidence on the issues in dispute according to the provisions of this Code governing evidence and hear oral arguments of all parties.

Section 186. When the taking of evidence is completed, the court shall allow the plaintiff to make an oral argument first and then allow the defendant to make an oral argument recalling their contentions and setting forth the results of the evidence taken on the issues in dispute. The court shall then allow the plaintiff to reply to the defendant’s oral argument only once again and then no party may further make any oral argument unless allowed by the court.

Before judgement, either party, irrespective of whether he or she has made an oral argument or not, may file a written argument with the court but he or she shall serve a copy of it on other parties.

Section 187.After necessary evidence has been taken and the parties have made their arguments, if any, the trial shall be deemed completed. However, as long as no judgement has yet been rendered, the court may proceed further with the trial if it sees fit for the purpose of justice.

Section 188. In a non-contentious case, the following rules shall apply:

  1. The case shall be initiated by the filing of an application with the court;
  2. The court may summon any witness for examination as it thinks necessary and give a decision as it sees fit and just;
  3. The only recourse against the judgement or order of the court shall be by the filing of an appeal or petition, which may be made in only the following two cases:

(a) If the court has dismissed the application of the party initiating the case, in whole or in part; or

(b) On the ground of non-compliance with the provisions of this Code governing trial or judgement or order;

  1. If any person other than the party filing a non-contentious case becomes involved in it, directly or indirectly, such person shall be deemed a party and the case shall be proceeded in accordance with the provisions of this Code governing contentious cases. However, in a case in which an application is filed with the court for it to render a judgement or order granting any permission which has been refused by a legal representative or for it to render a judgement or order revoking any permission granted to an incapacitated person, such case shall be deemed to be non-contentious even though such legal representative or incapacitated person appears in the court and raises an objection to such permission or relocate.

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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 Special Procedure of Courts of First Instance

CHAPTER I- PROCEDURE FOR PETTY CASES

Section 189. A petty case shall be:

  1. a case in which a request for relief can be computed in terms of money not exceeding forty thousand baht or not exceeding the amount prescribed in the Royal Decree; (2)136 a case of eviction of any person from immovable property yielding rent or available for rent at the rate of not exceeding four thousand baht per month or not exceeding the amount prescribed in the Royal Decree, at the time of the filing of the plaint.

Section 190. The amount or value in dispute in a case shall be calculated as follows:

  1. The amount or value shall be calculated according to the plaintiff’s claims. Interest which has not yet been due at the time of the filing of the plaint or court fees which may be included as an accessary part in the claims shall be excluded;
  2. In case of doubt or dispute, the amount or value shall be estimated by the court on an as-is basis at the time of the filing of the case;
  3. In a case concerning property involving several claims, having the amount or value not exceeding forty thousand baht or not exceeding the amount prescribed in the Royal Decree, all amounts or value shall be added together. However, if those claims are against several defendants, even though the case will not be considered a petty case if the liabilities of those defendants are added together, the amount claimed from any one of the defendants shall be deemed to be the criterion for determining whether such case is a petty case.

Section 190 bis. In a petty case, the court shall conduct the proceedings in accordance with the provisions of this Chapter.

Section 190 ter. In a petty case, the court shall have the power to issue an order of extension or reduction of any term as prescribed in this Code or as prescribed by the 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, when necessary for the purpose of justice.

Section 190 quater. In a petty case, the plaintiff shall pay fees on entry according to Schedule I annexed to this Code, provided that the aggregate fees on entry shall not exceed one thousand baht.

Fees on entry on appeal or on petition shall be paid by the appellant or petitioner according to the amount or value of the property in dispute on appeal or on petition, as the case may be.

Section 191. With regard to a procedure for filing a petty case, the plaintiff may file a plaint in writing or appear to state his or her claims orally before a court.

In the case where the plaintiff files a written plaint, if the court views that such plaint is incorrect or lacks some important details, the court may issue an order directing the plaintiff to correct or make such parts of the plaint clearer.

If the plaintiff appears to state his or her claims orally, the court shall record the particulars of such claims and read them to the plaintiff and cause the plaintiff to affix his or her signature thereon.

Section 192. When the court finds that the case filed is not a petty case and such court has jurisdiction and competence to try such case as an ordinary case, if such case has been entered by an oral statement, the court shall issue an order directing the plaintiff to file the plaint in writing as in an ordinary case, but if such case has already been entered in writing, the court shall not issue any other writ of summons than those provided for ordinary cases.

If such case is no longer a petty case due to a supplementary plaint subsequently being filed and such court has jurisdiction and competence to try such case as an ordinary case, such court shall proceed with the trial of the case as in an ordinary case.

In any of the aforementioned cases, if the court does not have jurisdiction and competence to try such case as an ordinary case, the court shall issue an order returning the plaint for the filing with a court having jurisdiction.

In the case where the defendant files a counterclaim in a petty case and such counterclaim is not a petty case or where the court issues an order for an ordinary case and a petty case to be tried together, the court shall proceed with the trial of the petty case as an ordinary case, but if the court, after considering the amount, the nature of the case, the state of the parties or other reasonable causes, views that the application of the provisions of this Chapter to the case on the parts of the counterclaim or ordinary case will cause the procedure of the case to be carried out in a fast and fair manner for all parties, the court shall have the power to try the case on the parts of such counterclaim or ordinary case as a petty case.

Any order of the court under paragraph four shall not affect the fees on entry which had been required to be paid by each party before the court issues such order.

Section 193. In a petty case, the court shall determine the date for a trial at prompt and issue a writ of summons to the defendant, setting forth the issues of the case and the amount or value claimed and the statement requiring the defendant to appear before the court for conciliation, providing an answer and taking evidence on the same day, and the court shall order the plaintiff to appear before the court on such date.

On the date scheduled for a trial, when the plaintiff and defendant appear together, the court shall first bring the parties to become reconciled and reach an agreement or compromise on the dispute.

If the parties cannot reach an agreement or compromise and the defendant has not yet filed his or her answer, the court shall ask the defendant about his or her answer. The defendant may file an answer in writing or orally. In the case where an answer is filed in writing, section 191, paragraph two shall apply, mutatis mutandis. In the case where an answer is given orally, the court shall record such answer including the event and read them to the defendant and cause the defendant to affix his or her signature thereon.

If the defendant does not provide an answer under paragraph three, the court shall have the power to exercise his or her discretion to issue an order refusing to extend the period of time for the defendant to file an answer and the defendant shall be deemed to be in default of answer, and the court shall render a judgement or order adjudicating the case by applying, mutatis mutandis, section 198 bis. However, in the case where the court issues an order directing evidence to be taken, the court shall continue to proceed under section 193 ter, section 193 quater and section 193 quiquies.

Section 193 bis. In a petty case, when the plaintiff has acknowledged the order to appear before the court under section 193 and failed to appear on the date scheduled for a trial without obtaining the court’s permission for adjournment of the case, it shall be deemed that the plaintiff does not intend to proceed with the case. The court shall issue an order of disposal of the case from the case list.

When the defendant has been served with a writ of summons to appear in the court under section 193 and failed to appear on the date scheduled for a trial without obtaining the court’s permission for adjournment of the case, if the defendant has not filed an answer, the defendant shall be deemed to be in default of answer and the court shall render a judgement or order by applying, mutatis mutandis, section 198 bis. However, if the defendant has filed an answer earlier or on such scheduled date, the defendant shall be deemed to be in default of appearance and section 204, section 205, section 206 and section 207 shall apply, and in any case if the court issues an order to take evidence, the court shall continue to proceed under section 193 ter, section 193 quater and section 193 queues.

Section 193 ter. When the court has received the defendant’s answer under section 193, paragraph three or the court issues an order to take evidence under section 193, paragraph four or section 193 bis, paragraph two, the court shall continue to proceed with the trial of the case at prompt and shall ask the party who will adduce evidence what evidence he or she intends to rely on and then make a record thereof or order the party to prepare and file a list of witnesses and evidence with the court within a period of time as it sees fit. In the case other than an ex parte trial, the court may direct any party to adduce evidence in any order of sequence.

Section 193 quater. In a petty case, for the purpose of justice, the court itself shall have the power to call for evidence to be taken as it sees fit.

In the examination of a witness, the court, irrespective of whether such witness is relied upon by any party or called upon by the court, shall first examine the witness and after completion of such examination, the parties or their counsels shall then further examine the witness.

The court shall have the power to examine a witness about any fact in connection with the case, even not raised by either party.

In making a record of the witness’s testimony, the court, when it sees fit, may record only a brief statement of it and cause the witness to affix his or her signature thereon.

Section 193 quiquies. In a petty case, the court shall proceed with the hearing of the case continuously without an adjournment unless there is necessity, in which case the court may issue an order of adjournment for not more than seven days each.

Section 194. In a petty case, the court shall have the power to issue an oral order or judgement as provided by section 141.

Section 195. In addition to those already provided for, other provisions in this Code shall apply, mutatis mutandis, to the trial and adjudication of petty cases.

Section 196. In an ordinary case in which the plaintiff claims only the payment of a definite sum of money under a bill of which the acceptance or payment has been refused or under a written contract which preliminarily appears to be genuine, valid and enforceable according to law, the plaintiff may file a request in the form of a motion with the court, together with the plaint, for the court to try such case summarily.

If the court views that the case under paragraph one preliminarily appears to be a simple case, the court, irrespective of whether or not the plaintiff has filed a request under paragraph one, shall issue an order to apply the provisions of this Chapter governing procedure for petty cases, except section 190 quater, to such case.

If during the trial it appears that the case is not subject to this section, the court may issue an order revoking its original order and continue to proceed with the trial according to the rules of ordinary 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 Procedure in Case of Default

PART I – DEFAULT OF ANSWER

Section 197. When a defendant who has been served with a writ of summons to answer fails to file an answer within a period of time prescribed by law or by a court order, he or she shall be deemed to be in default of answer.

Section 198. If a defendant is in default of answer, the plaintiff shall make a request to the court within fifteen days from expiration of the period of time prescribed for the defendant to file an answer, for the court to render a judgement or order adjudicating in favour of the plaintiff by default.

If the plaintiff does not file the request with the court within such prescribed period of time, the court shall issue an order of disposal of such case from the case list.

If the plaintiff files the request with the court within such prescribed period of time, the court shall render a judgement or order adjudicating the case by default according to section 198 bis. However, if the court has reasonable cause to suspect that the defendant is not aware of the writ of summons to answer, the court shall issue an order to have such writ re-served by ordinary service or by any other substitute method and may prescribe any conditions as it sees fit to cause the defendant to be aware of such writ.

Section 198 bis. A court may not render a judgement or order adjudicating in favour of the plaintiff due to the defendant’s default of answer unless the court views that the plaintiff’s plaint is founded and not contrary to law. In this regard, the court may raise any point of law involving public order by itself.

In determining the amount of money according to any request for enforcement of the plaintiff, the court shall proceed as follows:

  1. In the case where the plaintiff makes a request demanding the defendant pay a monetary debt in a definite amount, the court shall issue an order directing the plaintiff to deliver documentary evidence as the court thinks necessary in lieu of taking evidence;
  2. In the case where the plaintiff makes a request demanding the defendant pay a monetary debt in an indefinite amount, the court shall take the evidence of the plaintiff ex parte and the court may call for other evidence to be taken itself as it thinks

If the defendant who is in default of answer fails to appear before the court on the date of taking evidence under this section, such defendant shall not be deemed to be in default of appearance.

If the plaintiff fails to produce evidence as provided in this section within a period of time prescribed by the court, it shall be deemed that the plaintiff’s case is not founded and the court shall dismiss the plaintiff’s plaint.

Section 198 ter. In a case in which some defendants are in default of answer, the court shall first render a judgement or order adjudicating the case by default of answer between the plaintiff and the defendants who are in default of answer and proceed with the trial of the case between the plaintiff and the defendant who has filed an answer. However, if the grounds of action are the performance of an indivisible obligation, the court shall suspend its judgement or order adjudicating the case by default of answer and when the court has completed the trial for the defendant who has filed an answer, it shall then render a judgement or order adjudicating the case according to the merits of the case for all defendants.

In the case where the defendant who is in default of answer fails to appear before the court on the date of taking evidence of other party, such defendant shall not be deemed to be in default of appearance.

Section 199. If the defendant who is in default of answer appears in the court before the court has decided the case and informs the court on the first occasion that he or she desires to defend the case, when the court views that such default of answer was not willful or there is a valid reason for such default, the court shall issue an order permitting the defendant to file an answer within a period of time as the court sees fit and shall conduct the proceedings again beginning from the time at which the defendant has been in default of answer.

In the case of paragraph one, if the defendant who is in default of answer does not inform the court or the court views that the default of answer was willful or there is no valid reason for such default, the court shall continue to conduct the proceedings. In this case, the defendant may cross-examine the plaintiff’s witness who is being examined, but may not adduce his or her own evidence.

In the case where the defendant fails to file an answer within the prescribed period of time under paragraph one or the court does not permit the defendant to file an answer under paragraph two or the court has previously issued an order of a new trial on the request of the defendant who is in default of answer under section 199 ter, such defendant may not request to file an answer under this section again or may not apply for a new trial.

Section 199 bis. When the court has rendered a judgement directing the defendant in default of answer to lose the case, the court may prescribe any directions as it sees fit in order for the defendant in default of answer to be served with the decree on the judgement or order by ordinary service or by any other substitute method, or the court may postpone the enforcement of the judgement or order for a period of time as the court sees fit.

Enforcement of a judgement or order against a defendant in default of answer shall be governed by section 273, section 289 and section 338.

Section 199 ter. If a defendant who is adjudicated by a court judgement or order to lose the case by default of answer does not file an appeal against such judgement or order, such defendant may make a request for a new trial of the case, unless:

  1. the court has once previously issued an order of a new trial of the case;
  2. the request for a new trial is prohibited by law.

Section 199 quater. A request for a new trial must be filed with the court within fifteen days from the date on which the decree on judgement or order has been served on the defendant in default of answer; provided, however, that if the court has prescribed any directions for service of such decree by ordinary service or by any other substitute method, such directions must be complied with. In the case where the defendant in default of answer is unable to file the request within the prescribed period of time due to circumstances beyond control, the defendant may file a request for a new trial of the case within fifteen days from the date on which such circumstances cease to exist. In any case, such request shall not be filed after six months have elapsed from the date of seizure of property or enforcement of the judgement or order by any other means.

The request under paragraph one shall clearly set forth the reasons for the default of answer of the defendant and his or her objection to the court’s decision, which shall demonstrate that he or she may win the case if the court retries the case and, in the case of delay in the filing of the request, set forth the reasons for such delay.

Section 199 quiquies. When the court has received the request for a new trial, if it sees fit, it may issue an order staying execution of the case. In this case, the court shall notify its order to an executing officer.

In considering the request for a new trial, if there is reasonable cause to believe that the default of answer was not willful or there is a valid reason for such default and the court views that the applicant may win the case based on the reasons alleged in the request and, in the case of delay in the filing of the request, the applicant filed it within a prescribed period of time, the court shall issue an order granting such request. In this case, if the judgement or order directing the party in default of answer to lose the case is appealed or petitioned, the court shall also notify such order to the appeal court or the Supreme Court, as the case may be.

When the court has issued an order granting the request of a new trial under paragraph two, the judgement or order of the court in which the defendant is in default of answer and other judgement or order of the appeal court or the Supreme Court in the same case and any execution already carried out shall be deemed to have been revoked, and the court shall notify an executing officer accordingly. However, if it is not possible to restore the parties to the condition in which they were before the execution or when the court views that such execution is unnecessary, the court, in the interest of the parties or third parties, shall have the power to give any order as it sees fit. The court shall then try the case again from the time at which the defendant has been in default of answer, provided that the defendant shall file an answer within a period or time as the court sees fit.

The court order permitting a new trial shall be final. However, in the case where the court issues an order not granting such permission, the applicant may file an appeal against such order. The judgement of the appeal court shall be final.

If the defendant was willfully in default of answer or there is no valid reason for such default, causing the opposing party to pay more costs than he or she would have been liable to pay, such excess costs shall be deemed unnecessary within the meaning of section 166.

Section 199 sexies. In the case where a plaintiff does not file an answer in reply to a counterclaim of the defendant within a prescribed period of time, the provisions of this Part I shall apply, mutatis mutandis, insofar as they relate to such counterclaim.

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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 – DEFAULT OF APPEARANCE

Section 200. Subject to section 198 bis and section 198 ter, if either party fails to appear before the court on the date of taking evidence without obtaining the court’s permission for adjournment of the case, such party shall be deemed to be in default of appearance.

If any party fails to appear before the court on any scheduled date other than the date of taking evidence, such party shall be deemed to have waived his or her rights to carry out his or her proceedings on that day and to have acknowledged the proceedings conducted by the court on that day.

Section 201. If both parties are in default of appearance, the court shall issue an order of disposal of the case from the case list.

Section 202. If a plaintiff is in default of appearance, the court shall issue an order of disposal of the case from the case list, unless the defendant informs the court on the date of taking evidence that he or she desires to continue to proceed with the trial of the case, in which case the court shall try and adjudicate the case ex parte.

Section 203. The plaintiff shall be prohibited from appealing against an order of disposal of the case under section 201 and section 202; provided, however, that, subject to the provisions of the law governing prescription, such order shall not preclude the plaintiff from re-submitting his or her plaint.

Section 204. If a defendant is in default of appearance, the court shall try and adjudicate the case ex parte.

Section 205. In the cases as mentioned in section 202 and section 204, if the court is not satisfied that the service of a summons fixing the date of taking evidence has been duly made on the party in default of appearance, the court shall issue an order of adjournment of the date of taking evidence and prescribe any directions as it sees fit in order for the party in default of appearance to be re-served with a summons fixing the date of taking evidence by ordinary service or any other substitute method. If such directions have been complied with and such party still fails to appear before the court before the taking of evidence commences on the date designated in such summons, the court shall proceed with the case as provided for in section 202 or section 204, as the case may be.

Section 206. Either party may not apply to the court for a decision that he or she is the winning party merely on the grounds that the opposing party is in default of appearance. A court shall decide that the party appearing before it is the winning party only when the court views that such party’s allegations are founded and not contrary to law. In this regard, the court may raise any point of law involving public order by itself.

For the purpose of the decision-making of the case under paragraph one, the provisions of section 198 bis, paragraph two and paragraph three shall apply, mutatis mutandis, to the case of the party appearing before the court.

During an ex parte trial, if the party in default of appearance appears in the court after the taking of evidence has already commenced and informs the court on the first occasion that he or she desires to proceed with the case, when the court views that such default of appearance was not willful or there is a valid reason for such default and the court has never issued an order of a new trial on the request of such party under section 199 ter, which shall also apply to a default of appearance under section 207, the court shall issue an order of a new trial of the case. In this case, if such party is in default of appearance again, no request for a new trial under this section may be made.

In the case of paragraph three, if the party in default of appearance does not inform the court or the court views that the default of appearance was willful or there is no valid reason for such default or the request for a new trial is prohibited by law, the court shall continue to conduct the proceedings, but:

  1. the court shall be prohibited from permitting the party in default of appearance to produce witnesses if such party appears in the court after the lapse of the time for such party to produce his or her witnesses;
  2. if the party in default of appearance appears in the court when the opposing party has already adduced the evidence, the court shall be prohibited from permitting the party in default of appearance to object to such evidence by cross-examining the opposing party’s witnesses already examined or by objecting to any reference to documents or to object to any request for the court’s inspection or appointment of experts. However, if the opposing party has not yet completely adduced his or her evidence, the court shall permit the party in default of appearance to rebut only the evidence adduced after his or her appearance;
  3. in such case, the party in default of appearance shall have no right to apply for a new

Section 207. When a court has rendered a judgement directing the party in default of appearance to lose the case, the provision of section 199 bis shall apply, mutatis mutandis, and such party may make a request for a new trial and the provisions of section 199 ter, section 199 quater and section 199 quiquies shall apply, mutatis mutandis.

Section 208. (Repealed)

Section 209. (Repealed)

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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 – ARBITRATION

Section 210. With regard to all cases pending trial in a court of first instance, the parties may agree to submit a dispute in relation to all or any of the issues to one or several arbitrators for decision by filing a joint request stating the terms of such agreement with the court.

If the court views that such agreement is not unlawful, the court  shall  grant  such request.

Section 211. If the agreement does not provide otherwise, the appointment of arbitrators shall be subject to the following rules:

  1. Each of the parties shall be entitled to appoint one arbitrator; provided, however, that if in the case there are several joint plaintiffs or joint defendants, only one arbitrator shall be appointed for all of the joint plaintiffs and one for all of the joint defendants.
  2. If the parties are to appoint one or several arbitrators by mutual consent, such appointment shall be made in writing, dated with day, month, year and signed by the parties.
  3. If it is agreed that one party or a third party is to appoint the arbitrators, such appointment shall be made in writing, dated with day, month, year and signed by such party or third party and served on the other parties.
  4. If the court does not approve the persons appointed or proposed as arbitrators by the parties, the court shall order the parties to appoint or propose other persons to be appointed as arbitrators. If the parties have not appointed or proposed any persons to be appointed as arbitrators, the court shall have the power to appoint any persons as arbitrators as it sees fit and shall have such order served on the appointed arbitrators and the parties concerned through a court off

Section 212. The provisions of this Chapter do not empower a court to appoint any person as an arbitrator without obtaining consent from such person.

Section 213. When any entitled person or party has appointed an arbitrator, such person or party shall be prohibited from withdrawing such appointment unless consented to by the opposing party.

An arbitrator who has been duly appointed may, if appointed by a court or a third

party, be challenged by either party or, if appointed by a party, be challenged by the opposing party on the grounds as provided by section 11 or on the grounds that such arbitrator is an incapacitated person or is unable to perform arbitral duties. In the case of a challenge of an

arbitrator, the provisions governing the challenge of judges shall apply, mutatis mutandis.

If the challenge is admitted, a new arbitrator shall be appointed.

Section 214. If the agreement does not prescribe fees for arbitrators, the arbitrator shall be  entitled to submit the matter to the court in the form  of  a motion, and the court shall have the power to issue an order directing payment of such fees as it sees fit.

Section 215. When arbitrators have been appointed, if the agreement or court order, as the case may be, does not determine the issues in dispute, the arbitrators shall determine the issues in dispute and note them down in a detailed report for attachment to the file of the arbitration case.

Section 216. Before making an award, the arbitrators shall hear all parties and may conduct an examination as they see fit of the dispute submitted for consideration.

The arbitrators may examine all documents filed and hear witnesses or experts who

willfully appear to give testimony. If the arbitrators apply to the court for submission of the pleadings or all other documents in the file for inspection, the court shall comply with such application.

If the arbitrators find it necessary to carry out any proceedings which must be conducted by a court (such as summoning a witness or requiring a witness to swear an oath or requiring delivery of a document), the arbitrators may file a request in the form of a motion with the court for the court to conduct such proceedings. If the court views that such proceedings are within its power and accepts to conduct them, the court shall comply with such request and collect court fees at the rate as prescribed for the proceedings requested from the arbitrators.

Subject to the provisions of section 215 and this section, the arbitrators shall have the power to follow any trial procedure as they see fit, unless the agreement prescribes otherwise.

Section 217. If the agreement does not prescribe otherwise, an arbitral award shall be subject to the following:

Section 213. When any entitled person or party has appointed an arbitrator, such person or party shall be prohibited from withdrawing such appointment unless consented to by the opposing party.

An arbitrator who has been duly appointed may, if appointed by a court or a third party, be challenged by either party or, if appointed by a party, be challenged by the opposing party on the grounds as provided by section 11 or on the grounds that such arbitrator is an incapacitated person or is unable to perform arbitral duties. In the case of a challenge of an arbitrator, the provisions governing the challenge of judges shall apply, mutatis mutandis.

If the challenge is admitted, a new arbitrator shall be appointed.

Section 214. If the agreement does not prescribe fees for arbitrators, the arbitrator shall be  entitled to submit the matter to the court in the form  of  a motion, and the court shall have the power to issue an order directing payment of such fees as it sees fit.

Section 215. When arbitrators have been appointed, if the agreement or court order, as the case may be, does not determine the issues in dispute, the arbitrators shall determine the issues in dispute and note them down in a detailed report for attachment to the file of the arbitration case.

Section 216. Before making an award, the arbitrators shall hear all parties and may conduct an examination as they see fit of the dispute submitted for consideration.

The arbitrators may examine all documents filed and hear witnesses or experts who willfully appear to give testimony. If the arbitrators apply to the court for submission of the pleadings or all other documents in the file for inspection, the court shall comply with such application.

If the arbitrators find it necessary to carry out any proceedings which must be conducted by a court (such as summoning a witness or requiring a witness to swear an oath or requiring delivery of a document), the arbitrators may file a request in the form of a motion with the court for the court to conduct such proceedings. If the court views that such proceedings are within its power and accepts to conduct them, the court shall comply with such request and collect court fees at the rate as prescribed for the proceedings requested from the arbitrators.

Subject to the provisions of section 215 and this section, the arbitrators shall have the power to follow any trial procedure as they see fit, unless the agreement prescribes otherwise.

Section 217. If the agreement does not prescribe otherwise, an arbitral award shall be subject to the following:

  1. In the case of several arbitrators, the award shall be made by a majority of votes;
  2. In the case of an equality of votes, the arbitrators shall appoint a third party as a president who shall give a casting If the arbitrators do not agree to appoint a president, they shall file a request in the form of a motion with the court for an order of appointment of a president.

Section 218. The provisions of sections 140, 141 and 142 governing judgements and court orders shall apply, mutatis mutandis, to arbitral awards.

The arbitrators shall file their award with the court and the court shall render a judgement according to such award.

However, if the court views that the arbitral award is contrary to law in any respect,

the court shall have the power to issue an order refusing to render a judgement in accordance with such award. However, if such award may be rectified, the court may allow the arbitrators or the parties concerned to rectify it within a reasonable period of time to be prescribed by the court.

Section 219. If the agreement does not prescribe otherwise, in the case where the agreement to submit a dispute to arbitration for decision cannot be complied with because a third party who has been assigned to appoint arbitrators does not appoint the same, or an arbitrator or arbitrators appointed refuse to assume the duty or die or become incapacitated, or because of any other reason preventing them from performing their duty before an award is given or they refuse or fail to perform their duty within a reasonable period of time, if the parties cannot reach an agreement otherwise, such agreement shall be deemed terminated.

Section 220. If there is a dispute arising owing to the implementation of the agreement to submit a dispute to arbitration for decision or there is a dispute on whether such agreement is terminated under the preceding section, such dispute shall be submitted to the court approving such agreement.

Section 221. The submission of a dispute to arbitration for decision out of court shall be in accordance with the law governing arbitration.

Section 222. No appeal may be made against the court order refusing to render a judgement according to an arbitral award or the court judgement in accordance with an arbitral award, except on the following grounds:

  1. There is an allegation that the arbitrators or president did not act in good faith or either party has committed a fraud;
  2. Such order or judgement violates a provision of law involving public order;
  3. Such judgement is not in compliance with the arbitral award.

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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 – CLASS ACTION

PART I – GENERAL PROVISIONS

Section 222/1. In this Chapter:

“class of persons” means several persons who have the same rights derived from the same facts and legal principles and has the same unique characteristics of the class even though the characteristics of the damage are different;

“member of a class” means any person in a class of persons;

“class action” means a procedure of a case in which the court allows for a plaint to be submitted to it so that the court may render a judgement declaring the rights of the plaintiff and the members of the class;

“class action officer” means a person appointed by the Secretary-General of the Office of the Court of Justice to assist a court in a class action.

Section 222/2. As appropriate to certain types of cases or for proceedings or execution to be conducted in a convenient, fast and fair manner, the President of the Supreme Court shall have the power to issue any Regulations which are not in conflict or inconsistent with the provisions of this Chapter:

  1. to determine the qualifications, the interests, including the acquisition of the right to be a member of a class of the plaintiff, who shall have the power to file a class action;
  2. to additionally determine the criteria, procedures and conditions in considering the granting of permission for a class action to proceed;
  3. to additionally determine the procedure to notify matters of a class action to the members of the class;
  4. to additionally determine the procedure of a pre-trial conference, the amendment of a plaint and answer, the conduct of proceedings and the admission of evidence in a class action;
  5. to additionally determine execution and the gratuity for counsels of the plaintiff;
  6. to issue Regulations on other necessary matters in a class action.

Such Regulations shall come into force after approved by the general assembly of the Supreme Court and upon their publication in the Government Gazette.

Section 222/3. A court under the law on the organization of the court of justice competent to try and adjudicate civil cases, except for district (Khwang) courts, shall have the power to conduct a class action.

Section 222/4. Any part of proceedings which has not been specifically provided under this Chapter shall be governed, mutatis mutandis, by the provisions of Book I General Provisions and the provisions on ordinary cases insofar as they are not in conflict or inconsistent with the provisions of this Chapter.

In the case where there is an application for a class action in a case for which specific procedures are prescribed by law, the court in that case shall have the power to order for a class action to proceed and for the procedures under the provisions of this Chapter to apply, mutatis mutandis.

Section 222/5. There shall be a class action officer with the duties to assist a court in a class action as assigned by the court, as follows:

  1. Conciliation of a class action;
  2. Examination and compilation of evidence;
  3. Recording of witness statements;
  4. Taking measures for the protection of the rights of the parties and members of the class both before and during the trial;
  5. Any other duties in accordance with the provisions of this Chapter or the Regulations of the President of the Supreme Court regarding such duties of assistance.

In the performance of duties under the provisions of this Chapter, the class action officer shall be a competent official under the Penal Code and shall have the power to issue written summonses for any person to give information or furnish documents in support of the

consideration on any matter under his or her competence.

The criteria and procedures in the performance of duties of a class action officer shall be as prescribed in the Regulations of the President of the Supreme Court.

In the case where any law on a procedure specifically provides that a case officer has the duties to assist the court in proceeding with a case, such case officer, in addition to having the duties under that law, shall also have the duties under the provisions of this Chapter.

Section 222/6. A person who shall be appointed as a class action officer must have at least one of the following qualifications:

  1. Having graduated with a Master’s degree in law or a Doctorate degree in law;
  2. Having graduated with a Bachelor’s degree in law, being an ordinary member of the Thai Bar and having been in a legal profession, for not less than one year, as prescribed by the Commission for Judicial Service in accordance with the law on administration of the civil servants of the courts of justice;
  3. Having graduated with a Bachelor’s degree in law and a degree, which is not lower than a Bachelor’s degree, in other subjects as prescribed by the Commission for Judicial Service in accordance with the law on administration of the civil servants of the courts of justice, and having been in a profession, for not less than four years, as prescribed by the Commission for Judicial Service in accordance with the law on administration of the civil servants of the courts of justice.

The Secretary-General of the Office of the Court of Justice shall have the power to consider appointing persons having the qualifications under paragraph one as a class action officer, in accordance with the rules prescribed by the Commission for Judicial Service in accordance with the law on administration of the civil servants of the courts of justice.

Section 222/7. In the case where a class action under the provisions of this Chapter is a civil case relating to criminal matters, even though the case has already been prosecuted as a criminal case, the court trying the class action may continue to try the case without waiting for the criminal court to render a judgement, and if the court in the criminal case has already rendered its judgement:

  1. in the case where the judgement in the criminal case has decided that the defendant has committed the offence, the court trying the class action shall be bound by the facts established by the judgement in the criminal case;
  2. in the case where the judgement in the criminal case has decided otherwise, the court trying the class action shall not be required to be bound by the facts established by the judgement in the criminal case.

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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 – APPLICATION FOR PERMISSION TO CONDUCT A CLASS ACTION

Section 222/8. With regard to the following cases in which there are numerous members of a class, the plaintiff who is a member of the class may apply for a class action:

  • Tort cases;
  • Breach of contract cases;
  • Cases claiming various legal rights, such as the laws concerning the environment, the protection of consumers or labour, securities and exchange, trade competit

Section 222/9. In applying for a class action to be conducted, the plaintiff shall file a motion with the court, together with the plaint instituting the case, for a class action to proceed under the provisions of this Chapter.

With regard to the motion for the class action to proceed under paragraph one, the plaintiff must demonstrate reasonable causes for the court to permit a class action to proceed.

Section 222/10. The plaintiff’s plaint must be made in writing and clearly set forth the nature of the claims and requests for enforcement, including the allegations on which such claims are based of the plaintiff and of the class of persons with the same characteristics as the plaintiff. In the case where the plaintiff makes a request demanding the defendant to pay a monetary debt, such request of the class of persons must specify the principles and methods of calculation for payment of money to the members of the class insofar as it is possible but it is not necessary for the amount of money to be received by each member of the class to be set forth.

In a class action, the plaintiff who institutes the case shall pay the fee on entry only for the requests for enforcement sought in the part of the plaintiff.

Section 222/11. In the case where the plaintiff files a motion for a class action to proceed, if the court views that there is no objection to the acceptance of the plaintiff’s plaint under section 18 or that there is an objection but it has already been corrected by the plaintiff, before the court issues an order accepting the plaint, it shall consider the plaintiff’s motion according to section 222/12 and then issue an order permitting or not permitting the class action without delay.

Section 222/12. In considering the motion for permission for a class action to proceed, the court shall cause to have a copy of the plaint and of the motion served on the defendant. The court, after hearing all parties and conducting an examination as it sees fit, may permit the class action to proceed only when the court is satisfied that:

  1. the nature of the claims and requests for enforcement, including the allegations on which such claims are based of the plaintiff and of the class of persons have the characteristics prescribed in section 222/10;
  2. the plaintiff can demonstrate the same unique characteristics of the class of persons which are sufficiently clear for the class to be acknowledged;
  3. the class is so numerous that the conduct of a case as an ordinary case will be complicated and inconvenient;
  4. the conduct of the case as a class action is more just and efficient than as an ordinary case;
  5. the plaintiff can demonstrate that the plaintiff is a member of the class who has the qualifications, the interests, including the acquisition of the right to be a member of the class in accordance with the Regulations of the President of the Supreme Court, if any, and the plaintiff, including the counsels proposed by the plaintiff to be the counsels for the class is able to conduct the case in such a way that sufficiently and justly protects the rights of the class of persons.

In the court’s order of permission for a class action to proceed, the court may limit the scope of the class of persons so as to be sufficiently clear for the  class to be acknowledged.

The order permitting or not permitting a class action may be appealed to an appeal court within seven days from the date of issuance of such court’s order and the trial shall be stayed until such order becomes final. The appeal court shall make its decision at prompt and the decision of the appeal court shall be final.

In the case where the court issues an order permitting a class action, the court shall order for the plaint to be accepted for consideration. When a writ of summons has been served on the defendant, the defendant shall prepare and file an answer in writing with the court within one month, and the counsels of the plaintiff shall be deemed to be the counsels for the class.

In the case where the court issues an order not permitting a class action, the court shall continue the proceedings as an ordinary case.

Section 222/13. In the case where a motion for a class action concerning the same rights has been filed by several persons in the same court or in different courts, the court shall join such motions together for trial and issue an order for any one of the persons filing the motion to act as the plaintiff for the class action, in accordance with the criteria, procedures and conditions in the Regulations of the President of the Supreme Court under section 222/2. The order of the court under this section shall be final, except for cases under section 222/12, paragraph three.

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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 III – CLASS ACTION TRIAL

Section 222/14. When the order permitting for a class action has become final, the court shall order the plaintiff to deposit expenses for the class action with the court in an amount as the court sees fit within seven days from the date of issuance of such court’s order. In the case where the plaintiff fails to comply with such order and does not notify the court of the reason for such failure, the court shall issue an order cancelling the class action and continue the proceedings as an ordinary case.

If it subsequently appears that the expenses deposited are not sufficient, the court may order for additional expenses to be deposited in an amount as the court sees fit. In the case where the plaintiff fails to comply with such order and does not notify the court of the reason for such failure, the plaintiff shall be deemed to have abandoned his or her plaint.

Section 222/15. The court shall serve a notice of the order of permission for a class action on members of the class to the extent known and publish the same in a daily newspaper widely circulated for three consecutive days, including via any other mass media or by any other method as the court sees fit.

The notice and publication shall at least contain the following particulars:

  1. The name of the court and case number;
  2. The names and addresses of the parties and of the counsels of the plaintiff;
  3. The brief statement of the plaint and clear characteristics of the class of persons;
  4. The content showing that the court has permitted the class action and the day, month and year in which the court issues such order;
  5. The rights of the members of the class under section 222/16 and section 222/17;
  6. The determined days for the members of the class to notify their wishes to opt out of being a member as the court sees fit, but not less than forty-five days;
  7. The consequences of opting out of being a member;
  8. The consequences of the judgement which shall be binding on the members of the class;
  9. The name and position of the judge issuing the notice and publication.

Section 222/16. A member of a class shall have the right to opt out of being a member by notifying his or her wish in writing to the court within a period of time prescribed by the court under section 222/15 (6), and it shall be deemed that such member of the class is not a member from the date on which his or her wish is notified to the court.

After the lapse of the period of time under paragraph one, members of a class may not opt out of being a member unless permission is obtained from the court. The order of the court shall be final.

The person who has opted out from being a member of a class may not apply for opting back in to become a member of the class.

Members of a class and the persons who have opted out of being a member may not interplead as a joint plaintiff in the class action by virtue of section 57.

Section 222/17. A member of a class who does not opt out of being a member under section 222/16 shall have the following rights:

  1. To attend to hear the trial of the case;
  2. To apply to the court for issuance of an order declaring that the plaintiff does not have the qualifications, the interests, including the acquisition of the right to be a member of the class as provided by section 222/12 (5);
  3. To request to examine or make copies of all or parts of the documents in the file;
  4. To appoint a new counsel to conduct the case in lieu of the counsel for the class under section 222/19, paragraph two;
  5. To apply to substitute the plaintiff by virtue of the provisions of this Part;
  6. To object to the application to substitute the plaintiff under section 222/25, the withdrawal of the plaint by the plaintiff under section 222/28, the agreement or compromise on the issues of the case under section 222/29 and the agreement by the parties to submit a dispute to arbitration for decision under section 222/30;
  7. To examine and challenge requests for receiving performance under section 222/40.

Members of a class may appoint a counsel to take actions under paragraph one.

Section 222/18. A member of a class who does not opt out of being a member under section 222/16 shall be prohibited from filing a case against the defendant on the same matter as that filed by the plaintiff.

In the case where any member of a class who does not opt out of being a member files a case before the expiration of the period of time for opting out of being a member of the class, the court accepting such case shall issue an order of disposal of the case from the case list.

Section 222/19. In the case where a class action will not sufficiently protect or benefit the members of the class or it is no longer necessary to conduct a class action, when this fact appears to the court itself or from the statement of either party, the court shall have the power to order cancelling the class action and continue the proceedings as an ordinary case. The proceedings which have already been conducted shall be deemed to continue to be binding on the ordinary case of the plaintiff and the defendant.

If it appears to the court during the trial that the counsel of the plaintiff is unable to conduct the case in such a way that sufficiently and justly protects the rights of the class of persons or if the counsel of the plaintiff requests to withdraw himself or herself from the class action, the court may issue an order for the plaintiff and the members of the class to procure a new counsel in replacement to conduct the case within a period of time prescribed by the court. If the plaintiff and the members of the class fail to carry out such act, the provision of paragraph one shall apply, mutatis mutandis.

The order of the court under this section shall be final.

Section 222/20. When the court has already issued an order of permission for a class action to proceed and the defendant has filed his or her answer, the court shall determine the date for a pre-trial conference by ordering all parties to appear before the court in order to proceed with the following:

  1. Conciliation or application of arbitration procedures in order to finally settle the case in whole or in part;
  2. The parties to produce to the court the originals of all documentary or material evidence, which is intended to be relied on and in their possession that can be brought to the court, for inspection by the court and the opposing party;

if such evidence is in the possession of the other party or a third party, the party wishing to rely on such evidence shall request the court for an order calling for such evidence from the possessor by filing the request with the court, together with the filing of the list of witnesses and evidence, in order to obtain such evidence before the date of the pre-trial conference.

In the case of any interruption preventing the party from bringing the evidence in his or her possession or from obtaining the evidence called from the other party or a third party by the court order or where there is any other necessity, if the court sees fit, it may postpone the date of the pre-trial conference as it sees fit.

If any party willfully refrains from carrying out the above act on the date of the pre- trial conference or another date to which the court postpones, such party shall not have the right to adduce such evidence at a later date. However, 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.

  1. The court shall examine the pleadings and statements of the parties and then compare the allegations and contentions appearing in the pleadings and statements of the parties and ask all parties about the allegations, contentions and evidence filed with the court, in particular, whether and how any party admits or disputes such allegations and content Any fact admitted by the parties shall be conclusive accordingly. With regard to a point of law or fact raised by a party but is not admitted by the other party and is directly relevant to the issues in dispute in the pleadings, the court shall set it as a point of issue and direct any party to adduce evidence to prove any issues in any order of sequence.

In the questioning of the parties, each party must answer questions put to him or her by the court itself or at the request of the other party, about facts raised by the other party as allegations, contentions and evidence filed with the court. If any party does not answer the question related to any fact or denies any fact without a 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 and such fact is necessary for the determination of the issues in dispute, in which case the court may issue an order for the date of the pre-trial conference to be adjourned only for the incomplete part and 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.

  1. Determination of the overall time period in the class action;
  2. Determination of the necessary dates, times, methods and processes in the class action, such as the number of and the details concerning witnesses to be examined, the record of statements in lieu of examination of oral evidence, expert witnesses, documentary evidence and evidence intended for the court to call from the opposing party or from a third party, including scientific test, field examination and transfer of points of examination to other courts;

In the case where either party does not appear before the court on the date of the pre-trial conference or another date to which the court postpones, the court shall proceed as provided in this section and the party not appearing before the court shall be deemed to have acknowledged the actions carried out on that date and such party shall not be entitled to request for postponement of an appointment or object to the issues in dispute and burden of proof as directed by the court, unless there is unavoidable necessity for such inability to appear in the court on the date of the pre-trial conference or another date to which the court postpones or the objection is made against the issue in dispute which involves public order.

When the court has completely proceeded under this section, the court shall determine the date of taking evidence which shall not be earlier than ten days from the last date of pre-trial conference.

The first day of the pre-trial conference under this section shall be deemed to be the date of settlement of issues under this Code.

Section 222/21. No less than fifteen days before the date of a pre-trial conference under section 222/20, the parties shall file a list of witnesses and evidence with the court together with a sufficient number of copies of such list for other parties to receive the same from a court officer, and if any party wishes to file a supplementary list of witnesses and evidence, it shall be filed with the court before the completion of the proceedings to be conducted on the date of the pre-trial conference.

The filing of a supplementary list of witnesses and evidence after the lapse of the period of time under paragraph one may be made only when permission is obtained from the court when the applicant demonstrates, with valid reason, that he or she was not aware of the evidence concerned or where it is necessary for the purpose of justice or in order for the parties to be provided with a full opportunity to defend their cases.

Section 222/22. In the case where the defendant is in default of answer or in default of appearance, the court may not render a judgement or order adjudicating in favour of the plaintiff due to the defendant’s default of answer or default of appearance. In this regard, the court shall take the evidence of the plaintiff ex parte and the court may call for other evidence to be taken itself as it thinks necessary for the purpose of justice.

If the plaintiff fails to produce evidence as provided in paragraph one within a period of time prescribed by the court or in the case of both parties’ or the plaintiff’s default of appearance, the provision of section 222/25 shall apply.

In addition to those already provided for in paragraph one and paragraph two, the provisions governing procedure in case of default shall apply, mutatis mutandis.

Section 222/23. In the trial and adjudication of the case, for the purpose of justice, the court shall have the power to conduct a search for further facts. In this regard, the court may hear oral evidence, documentary evidence or any evidence other than the evidence of the parties, but all parties shall be informed and the parties shall not be precluded from rebutting such evidence.

The court may request for qualified persons or experts to give opinions in support of the trial and adjudication, but all parties shall be informed and the parties shall not be precluded from requesting to call his or her qualified persons or experts to give any dissenting opinions or to supplement the opinions of such qualified persons or experts.

The persons requested to appear by the court under paragraph one and paragraph two shall be entitled to receive commissions, travelling expenses, accommodation expenses and reimbursement of expenses incurred in accordance with the Regulations of the President of the Supreme Court with the approval of the Judicial Administration Commission, and the money ordered to be paid by the court under this paragraph shall not be deemed to be a cost for a class action payable by the parties.

Section 222/24. Irrespective of whether the trial of the case has been proceeded at any stage, the court may issue an order for the class to be divided into sub-classes because of the different characteristics of the damages between persons in the class. In such case, the court may also order for a clear examination of the damages of the sub-classes. The order of the court shall be final.

Section 222/25. In the following cases, the court shall determine the days as it sees fit, but not less than forty-five days, for the members of the class to file a request to substitute the plaintiff, including the date for the filing of an objection to the request to substitute the plaintiff, the date of examination of the request to substitute the plaintiff, and shall serve a notice of the same on members of the class to the extent known and also publish it by a method as it sees fit:

  1. when the plaintiff does not have the qualifications as provided in section 222/12 (5);
  2. when the plaintiff dies or becomes an incapacitated person;
  3. when the court issues an order of receivership against the plaintiff;
  4. when the plaintiff abandons the plaint;
  5. when both parties or the plaintiff is in default of appearance;
  6. when the plaintiff fails to produce evidence under section 222/22;
  7. when the plaintiff applies to the court that he or she no longer wishes to be a plaintiff for the class action.

In the case of (2), in addition to the members of the class, the persons under section 42 or section 45, as the case may be, may apply to substitute the plaintiff and section 222/26 and section 222/27 shall apply, mutatis mutandis.

Section 222/26. In considering permitting a member of the class to substitute the plaintiff, the court must be satisfied that such member of the class has the qualifications as provided in section 222/12 (5).

If the court permits a member of the class to substitute the plaintiff, the original plaintiff shall remain the status of a member of the class and the counsel of the original plaintiff shall remain the class counsel. In the case of section 222/25 (5) and (6), the court shall promptly determine a new date of taking evidence. If the court does not permit a member of the class to substitute the plaintiff or there is no application to substitute the plaintiff, the court shall issue an order cancelling the class action and continue the proceedings as an ordinary case. The proceedings which have already been conducted shall be deemed to continue to be binding on the ordinary case of the plaintiff.

The order of the court under this section shall be final.

Section 222/27. The member of a class who substitutes the plaintiff under section 222/25 shall not exercise any rights other than those held by the plaintiff during the trial stage when he or she applies for the substitution and shall not exercise those rights in a way that conflicts with the rights of the original plaintiff, except where the court is satisfied by a motion of the member substituting the plaintiff that the plaintiff’s proceedings already conducted, which have caused damage to the members of the class, were carried out willfully or by gross negligence by the plaintiff. In such a case, for the purpose of justice, the court may issue any order as it sees fit.

Section 222/28. When the court has already issued an order of permission for a class action to proceed, the plaintiff may not withdraw the plaint unless permitted by the court.

In the case where the defendant has already filed his or her answer, the court shall not permit withdrawal of the plaint without prior hearing of the defendant.

In the case where the notice and publication have already been made to the members of the class under section 222/15, if the court is to issue an order permitting withdrawal of the plaint, the court shall determine the days as it sees fit, but not less than forty-five days, for the members of the class to raise and file the objection in writing with the court and order the plaintiff to deposit the expenses with the court, as well as notify the withdrawal of the plaint to the members of the class by the same methods provided in section 222/15, paragraph one.

In the case where the plaintiff fails to deposit the expenses with the court under paragraph three without notifying the court of the reason for such failure, the court shall issue an order not permitting the withdrawal of the plaint.

Section 222/29. When the court has already issued an order of permission for a class action to proceed and the period of time under section 222/15 (6) has elapsed, before the court permits any entering into an agreement or compromise on the issues of the case, the court shall determine the days as it sees fit, but not less than forty-five days, for the members of the class to raise the objection or to notify their wishes to opt out of being a member of the class in writing to the court and order the plaintiff to deposit the expenses with the court for the notification of the agreement or compromise on the issues of the case to the members of the class by the same methods provided in section 222/15, paragraph one. When the court issues an order permitting the entering into the agreement or compromise on the issues of the case, the member of the class who notifies his or her wish to opt out of being a member of the class and who does not withdraw such wish before the court issues such order of permission, shall be deemed not to be a member of the class from the date of issuance of such court’s order.

In the case where the plaintiff fails to deposit the expenses with the court under paragraph one without notifying the court of the reason for such failure, the court shall issue an order not permitting the entering into the agreement or compromise on the issues of the case.

Section 222/30. When the court has already issued an order of permission for a class action to proceed and the period of time under section 222/15 (6) has elapsed, before the court permits the submission of the dispute to arbitration for decision in accordance with the provisions of this Code governing arbitration, the provision of section 222/29 shall apply, mutatis mutandis.

Section 222/31. The notice and publication under section 222/28, section 222/29 and section 222/30 shall at least contain the following particulars:

  1. The name of the court and case number;
  2. The names and addresses of the parties;
  3. The brief statement of the plaint and clear characteristics of the class of persons;
  4. The brief statement of the proceedings already conducted and the reasons for issuance of the notice and publication;
  5. The rights of the members of the class and the consequences of the order of permission of the court under section 222/28, section 222/29 or section 222/30, as the case may be;
  6. The consequences of opting out of being a member of the class under section 222/29 or section 222/30, as the case may be;
  7. The name and position of the judge issuing the notice and publication.

Section 222/32. In considering issuing the order under section 222/28, section 222/29 or section 222/30, the court shall take into account:

  1. the necessity of continuing the class action;
  2. the protection or benefits of the members of the class;
  3. the complication or practicality in continuing the class action;
  4. fairness and efficiency in continuing the class action;
  5. the number of objecting members of the class;
  6. the ability of the defendant to pay the damages in the case where there is an agreement or compromise on the issues of the case;
  7. the parties’ agreement or compromise on the issues of the case is just and beneficial to the members of the class.

Section 222/33. In the case where the court issues a final order of permission for a class action to proceed, the period of prescription for the members of the class to file the case shall be interrupted from the date on which the plaintiff files a motion for the class action to proceed.

In the case where the court issues a final order not permitting the class action, if it appears that the period of prescription for the members of the class to file the case has expired during the period of consideration of the motion for a class action or is due to expire within sixty days as from the date on which the court issues such final order, the members of the class shall be entitled to file the case in order to establish the right of claim or for receiving performance within sixty days from the date on which the court issues the final order.

Section 222/34. In the case where a period of prescription is interrupted by the cause under section 222/33, the prescription shall be deemed not to have been interrupted in the following cases:

  1. The court renders a final judgement for a dismissal of the case;
  2. The court issues an order cancelling the class action;
  3. The court issues an order to dispose of the case due to withdrawal of the plaint;
  4. The court dismisses the plaint because the case is not within the court’s jurisdiction or without precluding members of the class from re-filing the case;
  5. Members of the class opt out of being a member under section 222/16, section 222/29 or section 222/30.

In the cases of (2), (3), (4) and (5), if it appears that the period of prescription for the members of the class to file the case has expired during the period of trial or is due to expire within sixty days as from the date on which such judgement or order becomes final, the members of the class shall be entitled to file the case in order to establish the right of claim or for receiving performance within sixty days from the date on which the judgement or order becomes final or from the date on which the members of the class are not members of the class, as the case may be.

The provision of paragraph two shall apply in the case where a request for receiving performance of any member of the class is rejected for the reason that he or she is not a member of the class according to judgement because the court renders the judgement by specifying the unique characteristics of the class to be different from the unique characteristics of the class permitted for the class action as ordered by the court under section 222/12, paragraph two. The right to file the case shall arise from the date on which the order rejecting the request for receiving performance has become 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.

PART IV – JUDGEMENT AND EXECUTION

Section 222/35. A judgement of the court shall have the effect of binding the parties and the members of the class and in the case where the court renders a judgement in favour of the plaintiff, the plaintiff or the counsel of the plaintiff shall have the power to proceed with execution for the plaintiff and the members of the class.

A member of the class shall have the right to file a request for receiving performance but shall have no right to proceed with this execution by himself or herself.

If it appears to the court that the counsel of the plaintiff is unable to proceed with execution in such a way that sufficiently and justly protects the interests of the members of the class, the court may issue an order for the plaintiff and the members of the class to procure a new counsel to proceed with execution.

Section 222/36. A judgement of the court shall mention or set forth the following particulars:

  1. The particulars as prescribed in section 141;
  2. The clear characteristics of the class of persons or sub-classes that shall be bound by the judgement;
  3. In the case where the court renders a judgement directing the defendant to pay a monetary debt, the amount of money to be paid by the defendant to the plaintiff, including the criteria and methods of calculation for payment of money to the members of the class must be specified;
  4. The amount of gratuity for the counsels of the plaintiff under section 222/37.

Section 222/37. In the case where the court renders a judgement directing the defendant to perform or abstain from performing an act or deliver property, the court shall determine the amount of gratuity to be paid by the defendant to the counsels of the plaintiff as the court sees fit, taking into account the difficulties of the case together with the period of time devoted and the work done by the counsels of the plaintiff, including the expenses in relation to the class action, other than the costs, paid by the counsels of the plaintiff, and for this purpose, when the trial has been completed, the counsel of the plaintiff shall file an account of such expenses with the court and serve a copy thereof on the defendant.

If the judgement directs the defendant to pay money, apart from the court taking into account of the criteria under paragraph one, the court shall also take into account the amount of money to which the plaintiff and the members of the class are entitled. In this regard, the court shall determine the amount of gratuity for such counsels of the plaintiff in percentage of such amount of money, but the amount of gratuity shall not exceed thirty percent of such amount.

If the judgement directs the defendant to perform or abstain from performing an act or deliver property together with paying money, the provisions of paragraph one and paragraph two shall apply, mutatis mutandis.

In the determination of the amount of gratuity for a counsel of the plaintiff under this section, if there is a change in a counsel of the plaintiff, the court shall determine the amount of gratuity for the counsels of the plaintiff in proportion to the amount of work done and expenses paid by each of the counsels.

A counsel of the plaintiff shall be deemed to be a judgement creditor and the defendant to be a judgement debtor with respect to the gratuity for the counsels of the plaintiff, and such gratuity shall not be a cost.

Section 222/38. In the case where the court renders a judgement in favour of the plaintiff, the court shall have the power to prescribe the criteria, procedures and conditions for compliance with the judgement by specifying them in the judgement or subsequently in its order, and during execution, the court shall have the power to additionally issue decrees for the purpose of compliance with the judgement as the court sees fit.

The court of first instance shall have the power to consider ordering a motion to stay the enforcement of the judgement. The order of the court of first instance shall be final.

Section 222/39. The court shall notify the members of the class of its judgement by the same methods as prescribed in section 222/15, paragraph one and shall also notify the same to the Director-General of the Legal Execution Department for acknowledgement.

In the case where the court renders a judgement directing the defendant to pay a monetary debt or make performance which includes a monetary debt, the court shall appoint an executing officer to take further action. The court shall also determine the days as the court sees fit in the notice and publication under paragraph one for the members of the class to file a request for receiving performance with the executing officer. However, in the case where the court renders a judgement directing the defendant to make any other performance and any action is required for the purpose of the enforcement of the judgement, the plaintiff may file a request with the court for appointment of an executing officer to take action.

After the lapse of the period of time under paragraph two, a member of the class who does not file a request for receiving performance shall have no right to request distribution of the property or money from this execution, except in the case of force majeure, in which case the member of the class who does not file a request for receiving performance within the time limit may file a request for receiving performance with the executing officer within thirty days from the date on which such time limit has elapsed.

Section 222/40. The parties to the case and other members of the class may request to examine and challenge the request for receiving performance of the member of the class who files the request for receiving performance, but this must be done within thirty days from the date on which the time limit for the filing of the request for receiving performance has elapsed, except in the case of force majeure, in which case the time limit may be requested to be extended for not more than thirty days.

Section 222/41. The executing officer shall have the power to call the parties to the case, members of the class, persons interested in execution or persons concerned for inquiry into the matters of the requests for receiving performance of the members of the class for considering issuing further order.

Section 222/42. If the parties to the case and other members of the class do not challenge the request for receiving performance of any member of the class, the executing officer shall have the power to order to permit the receipt of such performance, except where there is reasonable cause for an order to be issued otherwise, provided that the executing officer shall notify the court of such action for acknowledgement.

If the request for receiving performance of any member of the class is challenged, the executing officer shall issue any of the following orders:

  1. Dismissing the request for receiving performance;
  2. Permitting the performance to be received in full;
  3. Permitting the performance to be received in

The member of the class who has filed the request for receiving performance which is not challenged under paragraph one, the member who has filed the request for receiving performance which is challenged under paragraph two or the person who challenges the request may file a motion objecting to the order of the executing officer with the court within fifteen days from the date of acknowledgement of the order of the executing office.

The order of the court under paragraph three may be appealed and petitioned under the provisions of Book III Appeal and Petition.

Section 222/43. When an executing officer has seized or attached any property of the judgement debtor in another case on behalf of the judgement creditor, the counsel of the plaintiff in the class action shall have the power to file a request in the form of a motion with the court issuing the writ of execution for such seizure or attachment, for the court to issue an order of distribution of the property to the counsels of the plaintiff, the plaintiff and the members of the class under section 326 in the amount to which they are entitled.

In the case where the amount of money claimed by the members of the class under the requests for receiving performance under section 222/42 is not yet finalized, the court accepting the motion for distribution of property under paragraph one shall suspend its order of distribution and when such amount of money is finalized, the counsel of the plaintiff shall notify such court.

When the court has issued an order of distribution of the property, the executing officer in such case shall remit the money to the executing officer in the class action for payment to those entitled under section 222/44.

Section 222/44. When the defendant deposits money or property with the executing officer or when the defendant’s property is sold by auction or disposed of by any other means or when the executing officer has completed compiling any other property of the defendant and the execution costs have been deducted, the executing officer shall make payment to those entitled in the following order:

  1. Persons having the right to have the obligation due to him or her satisfied prior to others under section 322 and section 324;
  2. Gratuity for counsels of the plaintiff under section 222/37;
  3. Costs for the plaintiff;
  4. The plaintiff, members of the class and other creditors entitled to distribution of the property under section 326.

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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 V – APPEAL AND PETITION

Section 222/45. The parties shall have the right to appeal and petition against a judgement or order of the court, provided that the limitation of rights on amount for appeal and petition on facts shall not apply.

Section 222/46. A member of a class shall have no right to appeal and petition against a judgement or order of the court except in a case under section 222/42.

Section 222/47. In the case where the defendant files an appeal against the order rejecting the appeal or petition, the defendant shall deposit all costs with the court and shall pay a sum of money in accordance with the judgement or furnish a guarantee to the court only for the portion that the defendant must be responsible for making performance to the plaintiff, but it is not required that a sum of money be paid or a guarantee be furnished to the court for the gratuity for the counsels of the plaintiff.

Section 222/48. With regard to a case in which the court of first instance issues an order accepting the appeal or petition which has been transferred to the appeal court or the Supreme Court, if the appeal court or the Supreme Court, as the case may be, considers and finds that the appeal or petition is prohibited, such appeal or petition shall be dismissed without the issues appealed or petitioned being decided. However, if the appeal court or the Supreme Court, as the case may be, considers it appropriate for the purpose of justice that errors need to be corrected, it may accept such case which is so barred from appeal or petition for trial and adjudication.

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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 VI – Fees

Section 222/49. Fees shall be calculated at the following rates:

  1. A fee for the filing of a request for receiving performance shall be two hundred baht, but the request for receiving performance of not exceeding twenty thousand baht shall not be subject to fees;
  2. A fee for objection to the order of an executing officer made to the court with respect to the matter of the request for receiving performance shall be two hundred baht per matter;
  3. A fee on entry in the case where there is an appeal on the matter of the request for receiving performance or an appeal on the matter of the gratuity for counsels shall be two hundred baht per matter;
  4. Any other fees than in (1), (2), and (3) shall be calculated at the same rates as the fees under the Schedules annexed to this Code.

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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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