Thailand Civil Procedure Code Section 122-127
CHAPTER III
PRODUCTION OF DOCUMENTARY EVIDENCE
Section 122. When any party relies upon any document as evidence and the opposing party raises an objection to such document as provided in section 125, if the original is in the possession of the party relying upon the document, such party shall produce the original before the court on the date of taking evidence.81
At any time before judgement, if the court, when it sees fit or upon the filing of the request by the opposing party, requires the party relying upon the document to submit the original to the court, such party shall submit the original to the court for inspection by the court or by the opposing party subject to the conditions to be prescribed in a Ministerial Regulation governing such matter or to be prescribed by the court. However,
- if the original cannot be brought or filed, such party may file a request in the form of a motion with the court on or before the date scheduled for the original to be brought or filed, stating the inability to comply together with the reasons. If the court views that the applicant is unable to bring or file the original, the court may issue an order to allow for the original to be brought on the following day or order otherwise as it sees fit in the interest of justice. In the case where the applicant only wishes for the court to extend a period of time for bringing or filing the original, such request may be made ex parte.
- if the bringing or filing of the original document with the court will cause the document to be lost or damaged or will be hindered by any major obstacle or difficulty, the party relying upon the document may file an ex parte request in the form of a motion with the court on or before the date of taking evidence, stating the cause of such damage, obstacle or difficulty. If the court views that it is unable to bring or file the original with the court, the court may issue an order for such original to be filed at any place with any competent official and under any condition as the court sees fit or may issue an order for a copy, certified correct, of the whole or the part concerned of the document to be filed in lieu of the original.
Section 123.82 If the original document relied upon by a party as evidence is in the possession of the opposing party, the party relying on such document may, instead of producing a copy thereof, file a request in the form of a motion with the court requesting the court to order the opposing party to produce the original. If the court views that such document is important evidence and such motion is admissible, the court shall order the opposing party to file the original with the court within a reasonable period of time as may be prescribed by the court. If the opposing party having the original document in possession fails to comply with such order, it shall be deemed that the alleged fact to be proved by the applicant by such document has been admitted by the opposing party.
If the original document is in the possession of a third party or in the possession of any official agency or of an official to whom the party relying upon such document cannot directly apply for the delivery thereof, the provision of the preceding paragraph governing the filing of a request by the party relying upon the document and the court’s issuance of an order shall apply, mutatis mutandis; provided, however, that the party relying upon the document shall serve the court order on the possessor of the document at least seven days in advance. If such document cannot be obtained within a specified time, the court, when it sees fit, shall take further evidence as provided in section 93 (2).
Section 124. If a party relying on a document refuses to bring or file the original of it or if such party has damaged, destroyed, concealed or carried out any other act to render such document useless with a view to preventing the opposing party from relying on such document as evidence, it shall be deemed that the alleged fact to be proved by the opposing party by such document has been admitted by the party who has failed to bring or file such document.
Section 125.83 The party against whom a document is relied upon by the opposing party as evidence may, before completion of the taking of such documentary evidence, object to such documentary evidence being taken on the ground that there is no original or the original is forged, in whole or in part, or a copy thereof is not a true copy of the original.
If the party wishing to raise an objection has a reasonable reason not to know before completion of the taking of such documentary evidence that the original is absent, or the document is forged, or a copy thereof is not a true copy, such party may file a motion with the court to object to such document being adduced at any time before judgement. If the court views that such party could not raise such objection sooner and the request is well- grounded, the court shall issue an order granting such request.
If the party wishing to raise an objection fails to object to such document being adduced before completion of the taking of such documentary evidence or the court does not permit such objection subsequently raised, such party shall be prohibited from objecting to the existence and genuineness of such document or the correctness of a copy thereof, provided that the court’s power to conduct an examination and make a decision on the existence, genuineness or correctness shall not be precluded if the court sees fit and the party shall not be precluded from alleging that a contract or any other obligation specified in such document is invalid or misinterpreted by the opposing party.
Section 126. Subject to the provisions of the following sections, if the party against whom a document is relied upon by the opposing party as evidence denies the genuineness of such document or the correctness of a copy thereof, and the party relying on such document still confirms such genuineness or correctness, the court shall, if it sees fit, decide such dispute immediately if it thinks that no further evidence should be required to be taken or decide such dispute after all or any of the following procedures of taking evidence have been carried out:
- examining all documents not objected to and noting down the existence or contents of the document objected to;
- examining witnesses who are aware of the existence or contents of the document objected to or witnesses who are able to testify to the genuineness of the document or the correctness of a copy thereof;
- having the document objected to examined by an expert.
During when an adjudication of the case is not yet rendered, the court shall seize the document suspected of being forged or incorrect, provided that this shall not apply to official documents called for return by an official agency.
Section 127. A public document made or certified by a competent authority or a copy, certified correct, of such document and a private document confirmed as genuine and correct by a judgement shall be presumed to be genuine and correct. It shall be the duty of the party against whom the document is produced to prove its spuriousness or incorrectness.
Section 127 bis.84 If any original documentary evidence or material evidence of significance filed with the court by a party or a third party is required to be used regularly or when necessary by the person filing it or there is significance in keeping it, the court may allow the person filing it to take return of the same after examined by the parties and the party filing it has produced a copy or photograph of it in lieu of the original, or may issue any order as it sees fit.
Unofficial Translation, Chaninat and Leeds
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