Thailand Civil Procedure Code-Section-67-83

TITLE IV
FILING AND SERVICE OF PLEADINGS AND DOCUMENTS

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Section 67. When this Code or other laws provide that any document must be served on either party or a person concerned (such as a pleading in the form of a plaint, answer or motion, a request in the form of a motion, a writ of summons or other writs, a copy of argument or a copy of documentary evidence, etc.), such document must be made to express clear statement as to the identity of persons and contain the particulars as follows:

1. The name of the court to accept a plaint or, if the case is pending trial in a court, the name of such court and the case number;
2. The names of the parties;
3. The name of the party or person on whom such pleading or document will be served;
4. The essence and the reasons, if necessary, of such pleading or document;
5. The day, month, year of the pleading or document and signature of the competent official, party or person filing or serving it.

In the filing or service of a pleading or any other document which must be made in accordance with the printed form provided, the competent official, party or person concerned must use such printed form. Such printed form shall be charged as prescribed by the Minister of Justice.

For the purpose of this Code, a juristic person shall be referred to by its name or its registered name, and the office or principal office located within the jurisdiction of the court to which the case is to be submitted or in which the case is pending trial shall be deemed to be the domicile or operating office of that juristic person.39

Section 68.40 The filing and service of a pleading and document of such characteristics, whether by a party to the court or to the opposing party or by the court to a party or to all parties, including notification of a court order or any other message to a party or any other person may be made by electronic mail or any other information technology, in accordance with the criteria and procedures as prescribed in the Regulations of the President of  the Supreme Court with the approval of the general assembly of the Supreme Court. Such Regulations shall come into force upon their publication in the Government Gazette.

Section 69. The filing of a pleading or any other document with a court shall be made by handing in it to a competent authority of the court or to the court during its hearing.

Section 70.41 All plaints, writs of summons and other writs, as well as all orders and decrees of a court, where the decrees must be served, shall be served by a court officer on the party or any third party concerned; however,

1. any subpoena for witness shall be served directly by the party calling such witness, unless the court orders otherwise or the witness refuses to accept the subpoena, in which case the subpoena shall be served by a court officer;
2. any court order, including an order determining the date of hearing or of taking evidence, as the case may be, or an order of adjournment shall, if the party or person concerned is present in the court at the time of its issuance and has affixed his or her signature to certify his or her acknowledgement, be deemed to have been validly served.

In case of a plaint, the plaintiff shall pay the fee for the service thereof; however, with respect to the service thereof, the plaintiff is not required to procure the service unless the

court orders the plaintiff to have the duty to procure the service. In case of a writ of summons, other writs and a court order issued upon the request of any party, if the court does not also order the party to procure the service, such party shall only pay the fee for the service thereof. In other cases, it shall be the duty of the court to procure service on any party or person concerned.

Section 71. In case of an answer, the party filing such answer shall file the original answer with the court together with its copies for the opposing party or other parties to receive the same through a court officer.

A motion for amendment of an answer shall be served by a court officer to the opposing party or other parties and it shall be the duty of the party filing the motion to procure such service.

Section 72. In case of a motion and argument filed with a court within a period of time prescribed by law or the court or by an agreement of the parties as noted down by the court in a report, the person filing such motion or argument shall file the original with the court together with its copies for the opposing party or other parties or any persons concerned to receive the same through a court officer.

All other motions shall be filed with the court together with its copies for service on the opposing party or other parties or any persons concerned, and if the court designates a court officer to serve such copies, the court officer shall serve them at the expense of the party filing the motion.

All other documents, such as copies of argument or copies of documentary evidence shall be served on the opposing party or other parties or any persons concerned by any one of the following two methods:

1. by the party obligated to make such service handing the copies to the opposing party or other parties or any persons concerned and filing the receipt with the court together with the original. Such receipt may be made in the form of a record to that effect on the original and signed by the recipient with the day, month, year of the receipt; or
2. by the party obligated to make such service filing the copies with the court together with the original and requesting a court officer to serve them on the opposing party or other parties or any persons concern In this case, the person making such request shall accompany the court officer and pay the fee for such service.

Section 73. If a pleading or any other document is to be served by a court officer upon the application of the party obligated to procure such service, the competent authority shall carry out such service as soon as possible. In this regard, such authority may require the applicant or any suitable person as designated by the applicant to accompany him or her for

the purpose of identifying the party or person on whom service shall be made or searching for a domicile or operating office of the recipient.

In the case of service of a pleading or any other document according to a court order, which is not under the duty and responsibility of any person or party, it shall be the duty of a competent authority of the court to carry out such service.

Section 73 bis.42 A pleading or document to be served by a court officer, whether such service is the duty of the court or of any party, may be ordered by the court for the service thereof to be made by mail with return receipt requested or by domestic express mail, and the party obligated to procure service shall be responsible for the expense thereof. In such case, it shall be deemed that the pleading or document served by a postal official has the same effect as if it is served by a court officer, and the provisions of section 74, section 76 and section 77 shall apply, mutatis mutandis.

Section 74.   Service of a pleading or any other document by a court officer shall be made:

1. in the day time during the period from sunrise to sunset; and
2. to the party or person to whom the pleading or document is directed at the domicile or operating office of such party or person, but subject to the provisions of the following six sections.

Section 75. Service of a pleading or any other document on a counsel appointed by a party to conduct the case or on a person appointed by such counsel for the purpose of carrying out any act specified in section 64 shall be deemed valid.

Section 76. When a court officer cannot find the party or person on whom a pleading or document will be served at the domicile or operating office of such person, the service of such pleading or document on any person over twenty years of age who resides or works in the house or operating office appearing to belong to such party or person or the service of such pleading or document made in accordance with the terms in a  court  order  shall  be deemed to suffice for the valid service of such pleading or document.

In this case, a pleading or document directed to any party may not be served on the opposing party for acceptance on behalf of the former.

Section 77. Service of a pleading or any other document by a court officer to any other place than the domicile or operating office of the party or person  to  whom  such pleading or document is directed shall be deemed valid when:

1. such party or person accepts the pleading or document; or
2. the service of such pleading or document is made in a court.

Section 78. If a party or person to whom a pleading or document is directed refuses to accept such pleading or document from a court officer without legitimate reason, the court officer shall be entitled to request an administrative official  who  is  competent  or  a  police official to accompany him or her as a witness, and if such party or person still refuses the acceptance, such pleading or document shall be left at such place. After these procedures have been complied with, the service of such pleading or document shall be deemed valid.

Section 79.43 If service of the pleading or document cannot be made as provided by the preceding sections, the court may order to apply any other substitute method of service, namely by posting the pleading or document at a noticeable place at the domicile or operating office of the party or person to whom the pleading or document is directed, or by depositing it with a local administrative official or a police official and posting a notice of such deposit by the method as stated above, or by advertising it, or by any other means as the court sees fit.

The service of a pleading or document by such other substitute method shall become effective when fifteen days or a longer period as the court sees fit to prescribe has elapsed from the date on which the pleading or document or the notice of deposit has been posted or the advertisement or any other method of service as ordered by the court has been made or has begun.

Section 80. In the service of a pleading or document by or through a court officer, the court officer shall submit to the court a receipt signed by the party or person on whom the service thereof was made or a report on service of such pleading or document signed by the court officer, as the case may be, for inclusion in the file of the case.

Such receipt or report shall contain clear statement as to the identity of persons and the particulars as follows:

1. The name of the competent official serving such document and the name of the person on whom the service was made (if any);
2. The method of service, the day, month, year and time of service;

Such report shall be dated with day, month, year and signed by the competent official making the report.

The receipt may be made in the form of a record to that effect on the original filed with the court.

Section 81. Service of a subpoena by the party concerned shall be made:

1. in the day time during the period from sunrise to sunset; and
2. to the person to whom the subpoena is directed  at  the  domicile  or  operating office of such person, but subject to the provisions of sections 76 and 77.

Section 82. If a pleading or any other document is to be served on several parties or persons, a copy of it shall be served on every person. In the case where a pleading or document must be served by or through a court officer, the party obligated to procure service shall furnish to the competent authority a sufficient number of copies of it for the parties or persons on whom it must be served.

Section 83. If any party has to file a pleading or any other document with the court or to have it served on any party or a third party by or before the time prescribed by law or by the court and such service must be made through a court officer, such party shall be deemed to have complied with the requirements of the law or the court when such party has handed in such pleading or document to a competent authority of the court for filing or service by or before such prescribed time even though the receipt of such pleading or document or the request for service of the same or the service of the same to the opposing party or such third party has been made after the prescribed time.

If this Code provides that service of a pleading or any other document must be made known to an opposing party or third party a certain period of time in advance before the day scheduled for the hearing or for the taking of evidence to begin, the party who is liable to such service shall be deemed to comply with the requirements of the law or the court as provided in the preceding paragraph when such party has filed the pleading or document to a competent authority of the court not less than three days before the commencement of such period of time.

In the case where a party may serve a pleading or document by means of delivering a copy of it directly to the opposing party or third party, the provision of this section shall not preclude the party obligated to procure service of such pleading or document from applying this means; provided, however, that such party shall file the receipt of the opposing party or third party with the court by or before the time prescribed by law or the court.

Section 83 bis.44 In the case where a defendant does not have a domicile in the Kingdom, a writ of summons and a plaint instituting the case shall be served on the defendant at his or her domicile or operating office outside the Kingdom, except where the defendant carries out business in the Kingdom in person or by agent or where it is agreed in writing that pleadings and documents to be served on the defendant shall be served on the agent having a residence in the Kingdom appointed by the defendant for this purpose, in which case the writ of summons and the plaint instituting the case shall be served on the defendant or the agent for the business or the agent for the acceptance of pleadings and documents at the place where the defendant or agent carries out the business or where the agent for the business or the agent for the acceptance of pleadings and documents resides in the Kingdom, as the case may be.

In the case where a third party who has no domicile in the Kingdom is summoned to become a party under section 57 (3), the provision of paragraph one shall apply, mutatis mutandis.

Section 83 ter.45 If the recipient for the service of a pleading, motion, statement or any other document than those provided in section 83 bis does not have a domicile in the Kingdom but carries out business in the Kingdom in person or by agent or has an agent for the acceptance of pleadings and documents or a counsel to proceed the case in the Kingdom, such document shall be served on the recipient or such agent or counsel at the place where the recipient or agent carries out the business, or where the agent resides or at the domicile or operating office of the counsel in the Kingdom, as the case may be. If the recipient does not carry out business in the Kingdom in person or there is no such agent or counsel in the Kingdom, the service shall be made by means of posting a notice at the court.

Section 83 quater.46 In the case where a writ of summons and a plaint instituting the case under section 83 bis must be served on the defendant at his or her domicile or operating office outside the Kingdom, the plaintiff shall, within seven days from the date of the filing of the plaint, file a motion with the court for it to serve the writ of summons and the plaint instituting the case on the defendant. In this case, unless an international agreement to which Thailand is a party states otherwise, the plaintiff shall prepare the translation of the writ of summons, plaint instituting the case and any other documents to be submitted to the country where the defendant has a domicile or operating office into the official language of such country or into the English language, with a correct translation certified, and file the same with the court together with such motion and deposit the expense with the court in the amount and within the period of time prescribed by the court.

In the case where the court sees fit, it may issue an order for the plaintiff to prepare any additional documents for filing with the court within a period of time prescribed by the court.

In the case where the plaintiff fails to proceed with paragraph one or paragraph two, it shall be deemed that the plaintiff abandons his or her plaint under section 174.

In the case where a third party who has no domicile in the Kingdom is summoned to become a party under section 57 (3), the provisions of paragraph one, paragraph two and paragraph three shall apply, mutatis mutandis.

Section 83 quiquies.47    Service of a writ of summons and a plaint instituting the case under section 83 bis on the defendant or a third party at his or her domicile or operating office outside the Kingdom shall become effective when sixty days from the date of the service have elapsed and, in the case of service by any other method than service on the defendant or third party, seventy-five days from the date of the service by such other method have elapsed.

Section 83 sexies.48 Service of a writ of summons and a plaint instituting the case under section 83 bis on the defendant or agent carrying out business in the Kingdom or the agent for the acceptance of pleadings and documents shall become effective when thirty days from the date of valid service have elapsed.

Service of a pleading or any other document under section 83 ter on the recipient or agent or counsel shall become effective when fifteen days from the date of valid service have elapsed.

The posting of a notice under section 83 ter shall become effective when thirty days from the date of the posting have elapsed, and the provision of section 79 shall not apply.

Section 83 septies.49 When the plaintiff has complied with section 83 quater, if there is no international agreement to which Thailand is a party stating otherwise, the court shall make such service on the defendant or third party by international express mail or via international courier service or through the Office of the Court of Justice and the Ministry of Foreign Affairs, in accordance with the criteria and procedures prescribed in the Regulations of the President of the Supreme Court with the approval of the general assembly of the Supreme Court. Such Regulations shall come into force upon their publication in the Government Gazette.

Section 83 octies.50 In the case where a writ of summons and a plaint instituting the case under section 83 bis must be served on the defendant or a third party at the domicile or operating office of such person outside the Kingdom, if the plaintiff files an ex parte request in the form of a motion and is able to demonstrate to the satisfaction of the court that the service under section 83 septies is not possible because the domicile or operating office of such person cannot be found or because of any other reasons, or when the court has proceeded under section 83 septies but could not ascertain the outcome of the service, the court, if it sees fit, shall allow service by the posting of a notice at the court instead. In this case, the court may order for service to also be made by publication of an advertisement in a newspaper or by any other means.51

Service by the method under paragraph one shall become effective when sixty days from the date of the posting of a notice at the court have elapsed, and the provision of section 79 shall not apply.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Personal Injury and Accident Lawyers

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