Title: Thailand Civil Procedure Code-Section-46-54

CHAPTER V
REPORTS AND FILES

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

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

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

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

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

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

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

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

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

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

Such report shall contain the following particulars:

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

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

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

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

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

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

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

The preparation of the case list or judgement list, the compilation of documents in the files and the keeping of copies of judgements or orders adjudicating cases under paragraph one (1), (2), (3), (4) and (5) may be made in an electronic form, and it shall be deemed that any print-out of such electronic data certified by the method prescribed by the court is a copy of the case list or judgement list or a copy of the documents in the files, as the case may be, and may be used in place of the original, in accordance with the criteria and procedures prescribed in the Regulations of the President of the Supreme Court with the approval of the general assembly of the Supreme Court. These Regulations shall come into force upon their publication in the Government Gazette.36

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

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

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

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

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

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

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

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

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Child Custody Attorneys

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