Thailand Civil Procedure Code-Section-11-14

CHAPTER II
CHALLENGE OF JUDGES

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

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

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

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

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

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

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

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

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

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

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

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

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Paternity Lawyers

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