Thailand Civil Procedure Code-Section 189-196
TITLE II
SPECIAL PROCEDURE OF COURTS OF FIRST INSTANCE
CHAPTER I
PROCEDURE FOR PETTY CASES
Section 189.134 A petty case shall be:
(1)135 a case in which a request for relief can be computed in terms of money not exceeding forty thousand baht or not exceeding the amount prescribed in the Royal Decree; (2)136 a case of eviction of any person from immovable property yielding rent or available for rent at the rate of not exceeding four thousand baht per month or not exceeding the amount prescribed in the Royal Decree, at the time of the filing of the plaint.
Section 190. The amount or value in dispute in a case shall be calculated as follows:
- The amount or value shall be calculated according to the plaintiff’s claims. Interest which has not yet been due at the time of the filing of the plaint or court fees which may be included as an accessary part in the claims shall be excluded;
- In case of doubt or dispute, the amount or value shall be estimated by the court on an as-is basis at the time of the filing of the case;
- 137 In a case concerning property involving several claims, having the amount or value not exceeding forty thousand baht or not exceeding the amount prescribed in the Royal Decree, all amounts or value shall be added together. However, if those claims are against several defendants, even though the case will not be considered a petty case if the liabilities of those defendants are added together, the amount claimed from any one of the defendants shall be deemed to be the criterion for determining whether such case is a petty case.
Section 190 bis.138 In a petty case, the court shall conduct the proceedings in accordance with the provisions of this Chapter.
Section 190 ter.139 In a petty case, the court shall have the power to issue an order of extension or reduction of any term as prescribed in this Code or as prescribed by the 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, when necessary for the purpose of justice.
Section 190 quater.140 In a petty case, the plaintiff shall pay fees on entry according to Schedule I annexed to this Code, provided that the aggregate fees on entry shall not exceed one thousand baht.141
Fees on entry on appeal or on petition shall be paid by the appellant or petitioner according to the amount or value of the property in dispute on appeal or on petition, as the case may be.
Section 191.142 With regard to a procedure for filing a petty case, the plaintiff may file a plaint in writing or appear to state his or her claims orally before a court.
In the case where the plaintiff files a written plaint, if the court views that such plaint is incorrect or lacks some important details, the court may issue an order directing the plaintiff to correct or make such parts of the plaint clearer.
If the plaintiff appears to state his or her claims orally, the court shall record the particulars of such claims and read them to the plaintiff and cause the plaintiff to affix his or her signature thereon.
Section 192. When the court finds that the case filed is not a petty case and such court has jurisdiction and competence to try such case as an ordinary case, if such case has been entered by an oral statement, the court shall issue an order directing the plaintiff to file the plaint in writing as in an ordinary case, but if such case has already been entered in writing, the court shall not issue any other writ of summons than those provided for ordinary cases.
If such case is no longer a petty case due to a supplementary plaint subsequently being filed and such court has jurisdiction and competence to try such case as an ordinary case, such court shall proceed with the trial of the case as in an ordinary case.
In any of the aforementioned cases, if the court does not have jurisdiction and competence to try such case as an ordinary case, the court shall issue an order returning the plaint for the filing with a court having jurisdiction.
In the case where the defendant files a counterclaim in a petty case and such counterclaim is not a petty case or where the court issues an order for an ordinary case and a petty case to be tried together, the court shall proceed with the trial of the petty case as an ordinary case, but if the court, after considering the amount, the nature of the case, the state of the parties or other reasonable causes, views that the application of the provisions of this Chapter to the case on the parts of the counterclaim or ordinary case will cause the procedure of the case to be carried out in a fast and fair manner for all parties, the court shall have the power to try the case on the parts of such counterclaim or ordinary case as a petty case.143
Any order of the court under paragraph four shall not affect the fees on entry which had been required to be paid by each party before the court issues such order.144
Section 193.145 In a petty case, the court shall determine the date for a trial at prompt and issue a writ of summons to the defendant, setting forth the issues of the case and the amount or value claimed and the statement requiring the defendant to appear before the court for conciliation, providing an answer and taking evidence on the same day, and the court shall order the plaintiff to appear before the court on such date.
On the date scheduled for a trial, when the plaintiff and defendant appear together, the court shall first bring the parties to become reconciled and reach an agreement or compromise on the dispute.
If the parties cannot reach an agreement or compromise and the defendant has not yet filed his or her answer, the court shall ask the defendant about his or her answer. The defendant may file an answer in writing or orally. In the case where an answer is filed in writing, section 191, paragraph two shall apply, mutatis mutandis. In the case where an answer is given orally, the court shall record such answer including the event and read them to the defendant and cause the defendant to affix his or her signature thereon.
If the defendant does not provide an answer under paragraph three, the court shall have the power to exercise his or her discretion to issue an order refusing to extend the period of time for the defendant to file an answer and the defendant shall be deemed to be in default of answer, and the court shall render a judgement or order adjudicating the case by applying, mutatis mutandis, section 198 bis. However, in the case where the court issues an order directing evidence to be taken, the court shall continue to proceed under section 193 ter, section 193 quater and section 193 quiquies.146
Section 193 bis.147 In a petty case, when the plaintiff has acknowledged the order to appear before the court under section 193 and failed to appear on the date scheduled for a trial without obtaining the court’s permission for adjournment of the case, it shall be deemed that the plaintiff does not intend to proceed with the case. The court shall issue an order of disposal of the case from the case list.
When the defendant has been served with a writ of summons to appear in the court under section 193 and failed to appear on the date scheduled for a trial without obtaining the court’s permission for adjournment of the case, if the defendant has not filed an answer, the defendant shall be deemed to be in default of answer and the court shall render a judgement or order by applying, mutatis mutandis, section 198 bis. However, if the defendant has filed an answer earlier or on such scheduled date, the defendant shall be deemed to be in default of appearance and section 204, section 205, section 206 and section 207 shall apply, and in any case if the court issues an order to take evidence, the court shall continue to proceed under section 193 ter, section 193 quater and section 193 queues.
Section 193 ter.148 When the court has received the defendant’s answer under section 193, paragraph three or the court issues an order to take evidence under section 193, paragraph four or section 193 bis, paragraph two, the court shall continue to proceed with the trial of the case at prompt and shall ask the party who will adduce evidence what evidence he or she intends to rely on and then make a record thereof or order the party to prepare and file a list of witnesses and evidence with the court within a period of time as it sees fit. In the case other than an ex parte trial, the court may direct any party to adduce evidence in any order of sequence.
Section 193 quater.149 In a petty case, for the purpose of justice, the court itself shall have the power to call for evidence to be taken as it sees fit.
In the examination of a witness, the court, irrespective of whether such witness is relied upon by any party or called upon by the court, shall first examine the witness and after completion of such examination, the parties or their counsels shall then further examine the witness.
The court shall have the power to examine a witness about any fact in connection with the case, even not raised by either party.
In making a record of the witness’s testimony, the court, when it sees fit, may record only a brief statement of it and cause the witness to affix his or her signature thereon.
Section 193 quiquies.150 In a petty case, the court shall proceed with the hearing of the case continuously without an adjournment unless there is necessity, in which case the court may issue an order of adjournment for not more than seven days each.
Section 194. In a petty case, the court shall have the power to issue an oral order or judgement as provided by section 141.
Section 195.151 In addition to those already provided for, other provisions in this Code shall apply, mutatis mutandis, to the trial and adjudication of petty cases.
Section 196.152 In an ordinary case in which the plaintiff claims only the payment of a definite sum of money under a bill of which the acceptance or payment has been refused or under a written contract which preliminarily appears to be genuine, valid and enforceable according to law, the plaintiff may file a request in the form of a motion with the court, together with the plaint, for the court to try such case summarily.
If the court views that the case under paragraph one preliminarily appears to be a simple case, the court, irrespective of whether or not the plaintiff has filed a request under paragraph one, shall issue an order to apply the provisions of this Chapter governing procedure for petty cases, except section 190 quater, to such case.
If during the trial it appears that the case is not subject to this section, the court may issue an order revoking its original order and continue to proceed with the trial according to the rules of ordinary cases.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Abduction Attorneys
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