Thailand Civil Procedure Code-Section-35-45
CHAPTER IV
HEARING
Section 35. Unless otherwise provided by this Code, the hearing of a case filed with any court shall take place in such court on any working days and at any working hours as prescribed by the court; provided, however, that in case of emergency or necessity, the court may issue an order requiring the hearing to take place in any other place or on a holiday or at any time.
A judge and court officer who performs work on a holiday or at any time outside the normal working hours shall receive special remuneration in accordance with the Rules prescribed by the Ministry of Justice with the approval of the Ministry of Finance.33
Section 36. The hearing of a case shall be conducted openly in a court in the presence of the parties attending the court, unless:
- in any case there is necessity for the purpose of maintenance of order in the court, in which case after the court has expelled any party from the precinct of the court due to improper behavior, the court may continue to conduct the hearing in the absence of such party;
- in any case, for appropriateness or for the protection of public interests, the court finds it appropriate to prohibit disclosure of the facts or circumstances, in whole or in part, of the case as appearing from the pleadings or arguments of any party or from the evidence taken, in which case the court may issue an order to:
(A) prohibit the people from attending to hear the trial, in whole or in part, and then conduct the trial in confidence; or
(B) prohibit the publication of such facts or circumstances.
With regard to all cases of divorce, adultery or legitimation of a child, the court shall prohibit disclosure of any fact or circumstances as it thinks improper or likely to cause undue damage to any party or person concerned.
Irrespective of whether the court issues an order under this subsection (2), the order or judgement adjudicating the case of such court must be read in open court, and the publication of such judgement, in whole or in part, or of its summary in an impartial and accurate manner shall not be deemed illegal.
Section 37. A court shall proceed with the hearing of the case as continuously as possible until the trial is completed and judgement is rendered without an adjournment.
Section 38. If, on the date scheduled for the hearing, there is no time sufficient to proceed with the hearing due to the court’s engagement in other tasks, the court may issue an order adjourning the hearing to any other day as it sees fit.
Section 39. If the adjudication of any case pending trial in a court depends in whole or in part on a prior adjudication of some points by such court or another court or must await a decision of an administrative competent official on such points, or if it appears that a criminal
offence is committed and a prosecution of such offence may change the adjudication of such case, or in any other case where the court views that an adjournment of the trial will facilitate the good administration of justice, the court, when it sees fit or upon the application of any party concerned, shall issue an order of adjournment of the hearing until an adjudication or decision on such points has been given or for any period of time as the court sees fit.
If the court issues an order of such adjournment without time limit, the court, when it sees fit or upon the application of any party concerned, shall issue an order of resumption of the hearing on any day as it sees fit.
Section 40.34 When a court has determined the date of hearing and informed the same to the parties, if either party wishes to adjourn the hearing, such party shall submit the request before or on the scheduled date and state the reasons for such adjournment. In this case, the court shall not issue an order granting such request unless there is unavoidable necessity for such adjournment and justice will be undermined if the court does not grant such request.
When the court is to order adjournment of the hearing, the court may order such party to pay conduct money for the witnesses present in the court under a writ of summons and pay the expenses for the presence in the court of other parties, such as travelling and accommodation expenses of the parties, counsels or witnesses in an amount as the court sees fit. If the party requesting the adjournment fails to pay such conduct money or expenses as determined by the court, the court shall dismiss the request for the adjournment.
The conduct money or expenses paid under paragraph two shall not be returned.
If the request for adjournment under paragraph one is not submitted orally before the court, it shall be made in the form of a motion and may be made ex parte with permission of the court.
Section 41.35 If there is a request for adjournment of a hearing by alleging that the party, his or her representative or counsel, witness or any other person summoned to appear before the court is unable to appear due to illness, the court, when it sees fit or upon the ex prate request of either party, may issue an order appointing a competent official to examine the ill person and appointing a doctor, if he or she can be procured, to accompany the official for such examination. If the person(s) appointed by the court for examination reports, after swearing an oath or taking a vow, to the court and the court believes that the condition of the person claiming to be ill is not so severe as to prevent him or her from appearing in the court, the court shall carry out the proceedings in accordance with the provisions of this Code governing default or non-appearance of the person claiming to be ill, as the case may be.
The court may order the party requesting the examination under paragraph one or any party to accompany the person(s) appointed by the court to conduct the examination. Such party may entrust any person to accompany in his or her place.
The travelling expenses and commissions of the competent official and doctor shall be deemed to be the costs and section 166 shall apply.
Section 42. If either party to a case pending trial in a court dies before the court has rendered a judgement, the court shall adjourn the hearing until any heir of the deceased or the estate administrator of the deceased or any other person taking custody of the estate has substituted as a party in the place of the deceased through his or her own request or through the court summoning him or her upon the ex parte request of either party. These requests shall be filed within a period of one year from the date of the death of such party.
If such request from such person or such ex parte request of either party is not made within the prescribed period of time, the court shall issue an order to dispose of the case from the case list.
Section 43. If any heir of the deceased or the estate administrator of the deceased or any other person taking custody of the estate wishes to substitute as a party in the place of the deceased, he or she shall file a request in the form of a motion with the court for such purpose.
In this case, the court, when it sees fit or upon the request of either party, may order the person who will substitute as a party to produce evidence to support such request. After the evidence has been produced, the court shall issue an order granting or not granting such substitution.
Section 44. An order summoning any person to substitute the deceased must provide a reasonable period of time for such person to have an opportunity to raise an objection in the court to his or her status as an heir of the deceased or to his or her status as the estate administrator or person taking custody of such estate.
The heir, estate administrator or person summoned shall not be required to comply with such writ of summons before the lapse of the period of time prescribed by law for him or her to accept such status.
If the person summoned by the court agrees to substitute as a party in the place of the deceased, the court shall note down such agreement in a detailed report and continue to proceed with the case.
If such person refuses or fails to appear in the court, the court shall conduct an examination as it sees fit. If the court finds that the writ of summons is well-grounded, it shall issue an order appointing the person summoned as a party in the place of the deceased and further proceed with the case. If the court finds that the objection of the person summoned is well-grounded, it shall order revocation of such writ and if either party is unable to have any real heir or the estate administrator or person taking custody of the estate of the deceased to substitute as a party in the place of the deceased within such period of one year, the court shall issue an order as it sees fit for the purpose of justice.
Section 45. If it appears to the court that either party becomes incapacitated or the legal representative of an incapacitated party dies or loses his or her power of representative, the court shall adjourn the hearing for a reasonable period of time to allow the legal representative or new legal representative to notify his or her appointment by filing a request in the form of a motion with the court for that purpose. If such request has not been filed, section 56 shall apply.
If the representative or counsel of a party dies or loses his or her power of representative, the court shall adjourn the hearing until the party has filed a motion with the court informing the court of the appointment of a new representative or counsel or that such party wishes to conduct the case in person; provided, however, that the court, if it sees fit or upon the ex parte request of the opposing party, shall have the power to order to fix a reasonable period of time for the party to inform such appointment or his or her wish. In this case, if the party fails to inform within the prescribed period of time, the court may issue an order to resume the hearing at any day as it sees fit.
The provision of the preceding paragraph shall apply, mutatis mutandis, to the case where the legal representative of an incapacitated person loses his or her power because such person has become capable.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Divorce Attorneys
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