Thailand Civil Procedure Code Section-266-270

CHAPTER II
EMERGENCY REQUESTS

Section 266.266 In an emergency, a plaintiff may file a motion, together when he or she files the request under section 254, for the court to issue an order or a writ under such request  without  delay.

When such motion has been filed, the procedure for trial and adjudication of the

request shall be subject to the provisions of section 267, section 268 and section 269.

Section 267.267 The court shall consider the request on an urgent basis. If satisfied with the statement of the plaintiff or evidence adduced by the plaintiff or called by the court itself that there is an emergency and such request is well-grounded,  the court shall immediately issue an order or a writ as requested within the scope and conditions as it thinks necessary. If the court issues an order to dismiss the request, such order shall be final.

The defendant may immediately file a request for the court to cancel such order or writ and the provision of the preceding paragraph shall apply, mutatis mutandis. This request may be made in the form of an ex parte request with permission from the court. If the court issues an order to cancel the original order according to such request, such order shall be final.

The court’s dismissal of the emergency request or cancellation of the order issued according to an emergency request shall not preclude the plaintiff from submitting the request under section 254 again.

Section 268.268 In the case where there is an emergency request, the court shall have the power to exercise his or her discretion to decide if there is an emergency in such case or not.  With regard to measures to be prescribed by the court, if the right of the parties concerning the issues of the case is to be prejudiced, it shall be prejudiced only to the extent necessary to the circumstances.

Section 269.269 The court order granting an emergency request shall take effect as provided in section 258 and section 258 bis. The court may order the plaintiff to postpone execution until the court has decided the request for cancellation of such order or until the plaintiff has furnished a guarantee.

Section 270.270 The provisions of this Chapter shall apply to other requests than the request under section 254 when expressly provided by this Code or other laws.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Child Custody Attorneys