THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
er. However, the assets seized must belong to the respondent. If the court orders the seizure of assets owned by a third party, the rightful owner of the assets can file a request for the release of those assets. 6.7 Consequences of a Respondent’s Non- Compliance If a request for injunctive relief is granted, and the applicant has requested that the court issue an order prohibiting the respondent from repeating or continu- ing a certain action, once the court’s order is in effect, it directly binds the respondent. If the respondent fails to comply with or violates the order, the applicant can request that the court issue a warrant for the respond- ent’s arrest and detention. In Thailand, a trial or witness hearing is conducted in the Court of First Instance. The trial proceeding includes direct examination of witnesses (including experts) by the party presenting the case, followed by cross-examination by the opposing party, and redirect examination by the presenting party. Parties may be allowed to present written witness statements ahead of trial which will serve as the basis for direct exami- nation testimony (and which may be supplemented orally during the testimony of that witness), but the cross-examination and redirect examination of a wit- ness will be done orally during trial. Parties may also make oral arguments in support of or in opposition to certain petitions submitted to the court during trial proceedings. The parties may also present a closing statement, either orally or in writing, but this will typi- cally be done in writing. 7. Trials and Hearings 7.1 Trial Proceedings At the Court of Appeal and Supreme Court levels, there are no witness examinations. These courts con-
number of witnesses to be presented, and schedul- ing trial or witness hearing dates. In Thailand, before more complex trials or witness hearings are conducted, a party can file an interim petition and an emergency petition requesting that the court hear those petitions on an emergency basis. Those petitions must be filed with a complaint. For shorter hearings, a court may schedule an admin- istrative hearing to further discuss and consider the written submissions of the parties. At that hearing, the court may also hear oral arguments from the parties on the issue before it. 7.3 Jury Trials in Civil Cases In Thailand, jury trials are not available in civil cases (or in criminal cases). 7.4 Rules That Govern Admission of Evidence The law governing the admission of evidence at trial in civil cases is the Civil Procedure Code. The primary rules governing the admission of evidence at trial are as follows: • Evidence must relate to the facts to be proven by any party to the case. • The party adducing evidence must submit a list of witnesses and evidence to be presented in the case within a period fixed by the law. 7.5 Expert Testimony Expert testimony is permitted at trial. The parties can introduce expert testimony. The court at its discretion can also seek expert testimony or guidance. 7.6 Extent to Which Hearings Are Open to the Public Witness hearings must be conducted openly in a court with the presence of the parties. Exceptions can be made in the following cases: • In order to maintain order in the court, if the court has expelled any party from the court due to improper behaviour, the court may continue to con- duct the hearings in the absence of such party.
sider written submissions by the parties. 7.2 Case Management Hearings
For managing civil cases, the courts normally sched- ule the first hearing to discuss and manage adminis- trative matters with the parties. Administrative matters include identifying the issues in dispute based on the written submissions by the parties, discussing the
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