Thailand Civil Procedure Code-Section-15-34

CHAPTER III
POWERS AND DUTIES OF COURTS

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Section 15.  A court shall not exercise its power outside its jurisdiction, except:

1. a person who will be examined or inspected or a person who is the owner of a thing or place which will be inspected does not raise an objection against the issue of jurisdiction, in which case the court may conduct such examination or inspection outside the jurisdiction of the court;
2. the court may issue a writ of summons to a party or person outside the jurisdiction of the court; provided, however, that the provisions of sections 31, 33, 108, 109 and 111 of this Code and section 147 of the Penal Law may be applied only when the court having jurisdiction has endorsed the writ of summons;
3. ²⁰ a writ of execution and a warrant issued by a court for the arrest and detention of any person under the provisions of this Code may be executed anywhere.

In the case where execution is to be carried out outside the jurisdiction of the court competent for execution, section 271, paragraph three, paragraph four and paragraph five shall apply.21

With regard to a case accepted by a civil court for trial and adjudication under the law on the organization of the court of justice or transferred to a civil court under section 6/1, the civil court shall have the power to  conduct  any  proceedings  outside  its  jurisdiction  as  the court sees fit.22

Section 16.  If an examination or inspection or any proceedings is to be conducted:

1. by any court of first instance outside its jurisdiction; or
2. by a civil or criminal court outside Phra Nakorn province and Thonburi province or by an appeal or the Supreme Court, the said courts shall have the power to appoint another court which is a court of first instance to conduct such examination or inspection subject to the provision of section 102 or conduct the proceedings on its behalf.

Section 17. Cases which have already been filed with a court shall be proceeded with by the court in the order of their file number assigned in the case list, unless the court for special reasons prescribes otherwise.

Section 18. A court shall have the power to examine any pleading handed to a competent authority of the court for filing with such court or for service on any party or person.

If the court finds that the pleading filed as mentioned is not legible or its content is not understandable or it contains excessive wording or does not contain or bear all such particulars or signatures or is not accompanied by such documents as required by law, or that the court fee has not been paid or deposited correctly in full, the court may issue an order returning such pleading for redrafting or amendment or an order directing full and correct payment or deposit of the court fee within a period of time and upon conditions, including with costs as the court sees fit. If the court’s directions have not been complied with within the period of time or according to the conditions prescribed, the court shall issue an order of rejection of such pleading.23

If the court finds that the pleading filed as mentioned does not comply with the conditions required by law other than those mentioned in the preceding paragraph  and in particular that the right of the party or person filing the pleading is barred by the provisions of law on jurisdictions, the court shall issue an order rejecting or returning such pleading for filing with a court having jurisdiction.

If there is no such objection, the court shall note down its acceptance of the pleading on it or otherwise.

The court order rejecting or returning the pleading under this section may be appealed or petitioned as provided in sections 227, 228 and 247.

Section 19. The court shall have the power to order all or either party to appear in the court in person although such party or parties are represented by counsels as it sees fit. If the court views that the appearance of the parties in person may lead to an agreement or compromise as provided in the following sections, the court shall order the parties to appear before the court.

Section 20.24 The court shall have the power to bring the parties to become reconciled and reach an agreement or compromise on the dispute, irrespective of whether the case has been proceeded at any stage of trial.

Section 20 bis.25 For the purpose of conciliation, the court, when it sees fit or upon the application of either party, may order to proceed in confidence in the presence of only all or either party, with or without their or his or her counsel.

The court, when it sees fit or upon the application of either party, may appoint a person or a college to act as a conciliator to assist the court in the conciliation to bring the parties to a compromise.

The criteria and procedures for conciliation by a court, the appointment of a conciliator and the competence of a conciliator shall be as prescribed in the Regulations of the President of the Supreme Court with the approval of the general assembly of the Supreme Court.26

The Regulations of the President of the Supreme Court under paragraph three shall come into force upon their publication in the Government Gazette.27

Section 20 ter.28 Before the filing of a case, a person who will become a party may file a motion with a court having jurisdiction, if the case is instituted, for the court to appoint a conciliator who shall carry out conciliation to bring the parties concerned to an agreement or compromise on the dispute. Such motion shall specify names and domiciles of the parties concerned and details of the dispute. When the court sees fit, the court shall accept such motion and inquire about the opposing party’s willingness to participate in conciliation. If the opposing party agrees to participate therein, the court shall have the power to summon the parties concerned to appear before the court in person with or without their counsels and appoint a conciliator who shall proceed to carry out conciliation. For this purpose, the provision of section 20 bis shall apply, mutatis mutandis. If the parties concerned can reach an agreement or compromise, the conciliator shall submit the agreement or a compromise agreement to the court. If the court, after its consideration, considers that the agreement or compromise agreement corresponds to the intention of the parties, the principle of good faith and fair dealing and is not in violation of the law, the court shall cause the parties to affix their signatures to such agreement or compromise agreement.

On the date of entering into the agreement or compromise agreement under paragraph one, the parties thereto may apply to the court for rendering a judgement as agreed upon, provided that reasons and necessity therefor shall be presented to the court. If the court views that there is a justifiable necessity for rendering a judgement at that time, the court shall render a judgement in accordance with such agreement or compromise agreement and, for this purpose, the provision of section 138 shall apply, mutatis mutandis.

The request and procedure under this section are not subject to fees on entry.

An order of the court issued in accordance with the provision of this section shall be final.

When the court has issued an order appointing a conciliator but the conciliation terminates without reaching a successful result, if it appears that a period of prescription has expired after the filing of the motion or is due to expire within sixty days as from the date on which the conciliation terminates, the period of prescription shall be extended for another sixty days as from the date on which the conciliation terminates.

Section 21. When any party submits a request or a statement to a court:

1. 1. if this Code does not provide that such request or statement must be made in the form of a motion or in writing, the court shall have the power to accept a request or statement made orally by the party in the court, provided that the court shall note it down on a report or require the party to file the request in the form of a motion or file the statement in writing, as the court sees fit;
   2. if this Code does not provide that a request may be made ex parte, the court shall not issue an order on such matter without providing an opportunity for the opposing party or the other parties to raise an objection, subject however to the provisions of this Code governing  default;
   3. if this Code provides that a request may be made ex parte, the court shall have the power to hear the opposing party or the other parties before issuing an order on such matter, unless the request is for a writ of summons to answer or for seizure or attachment of property before judgement or for issuance of a writ of execution or for arrest or detention of the defendant or judgement debtor;
   4. if this Code does not provide that the court must issue an order granting a request submitted to it without making any examination, the court shall have the power to conduct an examination as it sees fit before issuing an order for such request.

In the case where the court may issue an order on any matter upon its own discretion or upon the request of a party, the provisions of subsections (2), (3) and (4) of this section shall  apply.

In the case where the parties do not have the power to request the court to issue an order on any matter, but the court may issue an order on such matter upon its own discretion, the court, subject to the provisions of sections 103 and 181 (2), shall have the power not to hear the parties or not to conduct an examination before issuing its order.

Section 22. All terms, whether determined by law or by a court, before the expiration of which any proceedings must or must not be carried out, shall be calculated in accordance with the provisions of the Civil and Commercial Code governing terms.

Section 23. With regard to any term as prescribed in this Code or as prescribed by a court or any term in relation to civil procedures as prescribed in other laws, before  the expiration of which any proceedings must or must not be carried out, the court, when it sees fit or when the party concerned has filed the request in the form of a motion, shall have the power to issue an order of extension or reduction of such term; provided, however, that such extension or reduction of term may be allowed only in special circumstances and the court has issued the order or the party has made the request before the expiration of such term, except in case of force majeure.

Section 24. When any party raises a question of law, which, if decided in favour of such party, would make further trial of the case or further trial of some important issues of the case no longer required, or which could not be further elucidated even if the trial of important issues of the case is conducted, the court, when it sees fit or upon the request of either party, shall have the power to issue an order to the effect that, before the trial will be further conducted, the court shall consider such question of law and then preliminarily decide such question.

If the court views that such decision will conclude the whole case or any particular issues in the case, the court may decide such question and decide the case or only the relevant issues by one and the same judgement or order.

Any order of the court issued under this section may be appealed and petitioned as provided in sections 227, 228 and 247.

Section 25. If any party files a request in the form of a motion for the court to take any measure provided in Book IV for the protection of the rights of the party during trial or for the enforcement of a judgement or order, the court shall issue an order granting or dismissing such request without delay.

If, at the time of the filing of such request, the court is about to decide the case, the court may decide such request in its judgement or order adjudicating the case.

Section 26. If a court puts a question or issues an order or adjudication in relation to any matter of the conduct of a case and either party to such case raises an objection to such question or order or adjudication being lawful, the court, before it continues to proceed with the case, shall make a report specifying such question or order or adjudication objected to and the nature of the objection. With regard to the reason based on which the objecting party has raised his or her objection, the court, in its discretion, shall note down the reason on the report or require such party to file a written statement for inclusion in the file.

Section 27. In the case where any provision of this Code intended to secure the justice of procedures or involving public order with respect to drafting and filing or service of pleadings or other documents or with respect to trial, consideration of evidence or execution, is not complied with, the court, when it sees fit or upon the filing of the request in the form of a motion by the party injured from such non-compliance, shall have the power to order revoking such irregular proceeding, in whole or in part, or order it to be amended or issue any order on such matter as the court sees fit.

An objection concerning the irregularity may be raised by the injured party at any time before judgement but no later than eight days from the date on which such party is aware of the facts or circumstances based on which such objection is raised; provided, however, that such party has not taken any new step after such irregularity has become known to him or her, nor has he or she ratified such irregularity.

If the court orders to revoke any irregular proceedings other than due to the failure by any party to carry out such proceedings within a period of time prescribed by law or by the court, the rights of such party to carry out such proceedings in a correct manner as required by law shall not be precluded.

Section 28. If there are several cases pending trial in the same court or in two different courts of first instance and all or some parties are the same and the trials of those cases will be convenient if they are carried out together, if such court or any of such courts finds that it is appropriate to try the cases together or if all or some parties make a request for the cases to be tried together by stating their intention in the answer or filing the request in the form of a motion at any time before judgement, the court, after hearing all parties of the cases and if it is satisfied that the cases are connected, shall have the power to issue an order for such cases to be tried together.

If the case will be transferred from or to another court having jurisdiction over the case, such order may not be issued before consent of such other court has been obtained. However, if the court to which the case will be transferred does not give consent, the court which will transfer the case shall forward the matter to the Chief Justice of the Appeal Court for decision. The order of the Chief Justice of the Appeal Court shall be final.

Section 29. If a case involves several claims and the court views that any of such claims is not connected with the others, the court, when it sees fit or upon the filing of the request in the form of a motion by any interested party, shall issue an order to disjoin the case at prompt. If the plaintiff desires such claim to continue to be tried, the court shall proceed with the trial as if it was an independent case subject to conditions to be prescribed by the court as it sees fit.

If a case involves several claims and the court views that if all or any of the claims is tried separately, the trial will be convenient, the court, when it sees fit or upon the filing of the request in the form of a motion by any interested party and after the court have heard all parties, shall, at any time before judgement, have the power to order to disjoin all or any of those claims for separate trial.

Section 30. A court shall have the power to issue any stipulation to be complied with by any party or a third party present before the court as it thinks necessary for the maintenance of order within the precinct of the court and for the proceedings to be carried out in a fast and fair manner. This power shall include the power to prohibit any party from carrying out the proceedings in a manner that causes disturbance or delay or excessive costs.

Section 31.29 Any person who carries out any of the following acts shall be deemed to commit an offence of contempt of court:

1. (1)  Refusing  to  comply  with  a  court’s  stipulation  under  the  preceding  section governing the maintenance of order, or behaving improperly within the precinct of the court;
2. (2)30 After filing a motion for exemption of court fees which has been granted by a court under section 156/1, it appears that he or she submitted false facts or evidence to the court in the examination of such motion;
3. After knowing that he or she will be served with a pleading or any other document, willfully absenting himself or herself or otherwise avoiding to receive such pleading or document;
4. Examining all or any of the documents in the case file or making a copy of such documents in violation of the provision of section 54;
5. 31 Refusing to appear before a court when the court has issued an order under section 19 or when a writ of summons is issued against a judgement debtor or any otherperson under section 277.

Section 32. Any person who is the author, editor, printer or publisher of any newspaper or printed matter published to the people, irrespective of whether such person has knowledge of the content or publication of such newspaper or printed matter, shall be deemed to commit an offence of contempt of court in either of the two following cases:

1. 1. If, at any time, such newspaper or printed matter mentions or expresses by any means the content or opinion which discloses the facts or other circumstances of a case or any  proceedings of a case and the publication of such facts or circumstances, for appropriateness or for the protection of public interests, is prohibited by the court order either merely through an order requiring the trial to be conducted in confidence or through express prohibition of such publication;
   2. If such newspaper or printed matter mentions or expresses, by any means during the trial of a case up to final judgement, the content or opinion with an aim to influence the feelings of the people or the court or any party or witness of the case, which appears likely to undermine the justice of the trial of the case, such as:
2. a misrepresentation of the facts of the case; or
3. a biased and incorrect report or summary or comment on the proceedings of the case; or
4. an unfair comment on the conduct of the case by any party or on the evidence or on the habit or behavior of any party or witness, including a statement of fact which prejudices the reputation of any party or witness even though such statement is true; or
5. inducement to commit perjury.

For the purpose of this section, all definitions in section 4 of the Publications Act, B.E. 2476 (1933) shall apply.

Section 33. If any party or any person commits an offence of contempt against any court, such court shall have the power to order to impose a punishment by any or both of the following methods:

1. An expulsion from the precinct of the court; or
2. Imprisonment or a fine or

An expulsion from the precinct of the court may be applied for a period of time of the court’s hearing or within any period of time as the court sees fit. Police may be called upon to assist in such expulsion, if necessary.

In the case where imprisonment or a fine is imposed, the term of imprisonment shall not exceed six months and a fine shall not exceed five hundred baht.

Section 34. If any proceedings are to be carried out, in whole or in part, through dependence on or by application to an official in a foreign country, when there is no international agreement or there is no law providing for such matter, the court shall comply with the general principles of international law.

Section 34/1.32 In order for a trial and adjudication to be conducted in a convenient, fast and fair manner or for appropriateness of certain types of  cases, the President of the Supreme Court with the approval of the general assembly of the Supreme Court shall have the power to issue Regulations relating to the filing of a case, the taking and admission of evidence, the decision-making of a case as well as the conduct of any proceedings as necessary.

The Regulations under paragraph one shall come into force upon its publication in the Government  Gazette.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Attorneys

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