Thailand Civil Procedure Code-Section-128-130
CHAPTER IV
INSPECTION AND APPOINTMENT OF EXPERTS BY COURT
Section 128.85 If evidence to be inspected by a court is a person or movable property which can be brought to the court, the party who is permitted to adduce such evidence shall bring such person or property to appear on the date of taking evidence or any other date to be determined by the court.
If it is not possible to have the inspection conducted in the court, the court shall conduct the inspection at the place and time and under the condition as the court sees fit according to the nature of such inspection.
Section 128/1.86 In the case where scientific evidence is required to prove any fact which is material to the case, the court, when it sees fit or upon the application of either party, shall have the power to order that any person, object or document be tested by scientific methods.
In the case where scientific evidence will prove any fact that leads the court to its decision of the case without taking further evidence, the court, when it sees fit or upon the application of either party, may issue an order of immediate conduct of the test under paragraph one without waiting for the normal due date for taking evidence to come.
In the case where the test under paragraph one or paragraph two requires a collection of a sample of blood, tissue, skin, hair shaft or hair, urine, stool, saliva or other bodily fluid, DNA or other components of the body or any thing inside the body of any party or person, the court may require such party or person to be tested by a physician or any other expert only to the extent necessary and appropriate, provided that such party or person shall have the right to consent or not consent to such test.
In the case where a party does not give consent or does not cooperate in such test under paragraph one or paragraph two or does not allow, or prevents the person concerned from giving consent to the collection of the components of the body under paragraph three, it shall be presumed that the fact is as alleged by the opposing party.
The expenses of the test under this section shall be borne by the party applying for the test and such expenses shall be deemed a part of the costs. However, if the applicant is unable to pay the expenses or in the case where the court orders such test, the court shall order that the expenses be paid in accordance with the rules prescribed by the Judicial Administration Commission, and the liability for such expenses shall be in accordance with section 158 or section 161.
Section 129. In the case where a court, when it sees fit or upon the application of either party, will issue an order of appointment of an expert as mentioned in section 99:
- such appointment of an expert shall be at the court’s discretion, but the court may call the parties to designate an expert to be appointed by mutual agreement However, the court may not compel any person to become an expert unless such person has consented to have his or her name listed as an expert in the register of experts of the court.
- the expert appointed by the court may be challenged and shall swear an oath or take a vow and be entitled to receive a fee and reimbursement of expenses incurred as prescribed in the Ministerial Regulation governing such mat
Section 130. An expert appointed by a court may provide his or her opinion orally or in writing as the court may require. If the court is not satisfied with the opinion of an expert provided in writing or upon demand by any party in the form of a motion, the court shall call such expert to provide additional opinion in writing or call him or her to appear before the court to give oral explanation, or shall appoint another expert.
If an expert appointed by a court is required to provide oral opinion or to appear to give oral explanation, the provisions of this Title governing oral evidence shall apply, mutatis mutandis.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Custody Lawyers
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