Rule 22. The provisions on in camera proceedings and prohibition of publication under Rule 24 and on hearing of a witness by means of videoconference under Rule 32 shall apply to the proceeding under Rules 20 and 21 mutatis mutandis.

Documents Done in Foreign Language

Rule 23. If a document submitted to the Court is done in English and the parties agree that all or any part of such document need not be translated into Thai, the Court may permit the parties to submit the document as evidence in the case without translation if it is of the opinion that such document is not an evidence on the main issues of the case.

In camera Proceedings and Prohibition of Publication

Rule 24. In the appropriate case or for the protection of intellectual property rights or the prevention of damage that might be incurred to international business of a party, if a party requests, or if the Court deems inappropriate to disclose in whole or any part of the facts or circumstances in the case, the Court may issue the following order:

  1. Prohibiting the public from attending in whole or in any part of the hearing, and holding the hearing in camera, or
  2. Prohibiting the publication of such facts or circumstances.

Irrespective of whether the Court has issued such order, the order or judgment of the Court adjudicating the case shall be read in open court, and the publication, either in whole or in part, of the order or judgment or an impartial and accurate summary thereof shall not be deemed unlawful.

Recording of Testimony of Witness

Rule 25. The Court may assign a court officer to record the testimony of a witness and to read out the memorandum of testimony to the witness on its behalf.

Rule 26. In addition to record testimony which shall be read to and signed by the witness before included in the dossier of the case, the Court may order that the testimony of the witness be recorded by audio or video recording device.

Chapter 3

Evidence

Pre-Trial Conference

Rule 27. Subject to the provisions of sections 183 and 183 bis of the Civil Procedure Code, before taking of evidence, the Court may call all parties to appear in court in order to set up measures for the proceedings, such as:

  1. Mediating or arbitrating;
  2. Fixing the period of time for the whole proceedings;
  3. Fixing date, time, methods and steps for necessary proceedings, such as number and detail of witnesses who will testify in court, written witness statements to be submitted in lieu of oral testimony, or expert witnesses, documentary evidence and any other evidence that a party intends to request the Court for an order directing the other party or a third party to produce, and taking of evidence out of the Court or the commission of another court to take evidence etc;
  4. Fixing detail and period of time for technical or scientific experiment proving some facts in some facts in the case;
  5. Determining a knowledgeable person or an expert under section 31 of the Act for the Establishment of and Procedure for the Intellectual Property and International Trade Court B.E. 2539.

Refreshing Memory of Witness

Rule 28. Subject to the provisions of section 113 of the Civil Procedure Code, when a witness testifies as to any detail of a fact in a case which he cannot recall, the witness may, with the permission of the Court, refer to his aide memoir in giving such testimony.

After the witness completes his testimony, the other party may request the Court to examine the aide memoir of such witness. If the Court deems appropriate, it may include that aide memoir in the dossier of the case.

Submission of Written Witness Statement

Rule 29. In case where one party or both parties make a request and the Court deems appropriate in the interest of justice, the Court may permit the party or parties to submit a written witness statement confirming facts or opinions of the witness in lieu of examination-in-chief, in whole or in part, in Court.

The party intending to submit a written witness statement in lieu of examination-in-chief under paragraph one shall file with the Court a request specifying the intention and the reason prior to the hearing date of such witness. The Court shall then determine the period of time for the party to submit the written witness statement to the Court and to send a copy thereof to the other party. Once a written witness statement has been submitted to

the Court, the party so submitting may not withdraw the statement and such statement shall be deemed as evidence in the case.

The declarant shall appear in court to be cross-examined and re-examined by the parties. If the declarant fails to appear in court, the Court shall refuse to admit his statement as evidence in the case, provided, however, that, if the Court deems appropriate in the interest of justice, the Court may admit the written witness statement as evidence corroborating other evidence.

In case where the parties agree that the declarant need not appear in court or the other party waives his right to cross-examine the declarant, the Court shall admit the written witness statement as evidence in the case.

Rule 30. A written witness statement under Rule 29 shall contain the following particulars:

  1. Name of the Court and the case number;
  2. Date, month, year in which and the place where the written witness statement was made;
  3. Name and family name of the parties;
  4. The declarant's name, family name, age, address, occupation and relationship with the parties;
  5. Description of facts and/ or opinions of the declarant ;
  6. Signature of the declarant.

A written witness statement submitted to the Court may not be amended unless the amendment is made to the particulars in (1) to (3) or to rectify minor error or irregularity.

Written witness statement in lieu of Hearing of Declarant Residing in Foreign Country

Rule 31. In case where one party or both parties request and the Court deems appropriate in the interest of justice, the Court may permit the submission of a written witness statement of a declarant residing in a foreign country to confirm certain facts or opinions in lieu of bringing the declarant to testify, in whole or in part, in court. The written witness statement shall be in compliance with Rule 30 hereabove or the law of the country where it was made.

Hearing of Witness by Means of Videoconference

Rule 32. In case where one party or both parties make a request and the Court deems appropriate in the interest of justice, the Court may permit the hearing of a witness being outside the Court be conducted by means of videoconference. In such case, the party adducing the witness shall bear the costs thereof. Such costs shall not be deemed a cost under section 161 of the Civil Procedure Code for which the Court may order the other party to reimburse.

The hearing conducted under paragraph one shall be deemed proceedings conducted in a courtroom.

Admission of Computer Record

Rule 33. The Court may admit data recorded in or processed by a computer as evidence in a case, if

  1. The data recording or processing was done in the ordinary course of business of the user of the computer, and
  2. The data recording or processing was result from proper operation of the computer according to its due procedure and, even though the computer is out of order, the accuracy of the data contained therein is not affected.

The use of a computer in ordinary course of business as stated in (1) and the accuracy of the data recording or processing as stated in (2) shall be affirmed by the person involved in the recording or processing, or the person recording or processing the data.

Rule 34. The party intending to adduce any computer record as evidence shall specify such record in the list of witnesses and evidence in accordance with section 88 of the Civil Procedure Code, and shall file with the Court a statement specifying the intention together with the affirmation required by Rule 33 paragraph two and sufficient copies of materials containing the record for other parties to obtain from court officers, unless

  1. The medium keeping the record is in possession of the other party or of a third party; the party intending to adduce such evidence shall file a request for the Court permission not to submit the affirmation required by Rule 33 paragraph two and copies of materials containing the record, and for the court order directing the possessor of the medium to produce the record; the requesting party is, however, under the duty to bring such medium to the Court on a hearing date or on any other date as the Court deems appropriate;
  2. If the production of copies of the medium keeping the record is likely to delay court proceedings or cause damage to the party intending to adduce such record, or there is sufficient reason showing that the party is unable to submit the copies to the Court within the prescribes period, the party may file a request for the Court permission not to submit the copies and to submit such medium to the Court on the hearing date or on any other day as the Court deems appropriate.

If the party intending to adduce such computer record cannot submit the medium to the Court within the period of time prescribed in paragraph one, the Court, taking the nature of the record into consideration, may order an examination of the record be conducted at the time and place and under any condition the Court deems appropriate.

If the party intending to adduce such computer record fails to comply with the provisions of paragraph one or two, the record is inadmissible as evidence in the case. However, if the Court deems appropriate in the interest of justice, it may admit the record as evidence corroborating other evidence.

Rule 35. The party against whom the computer record is adduced may file a statement with the Court opposing the admission of such record on the ground that the record does not satisfy the requirements under Rule 33, or the medium containing the

record is falsified, or the copies of the record is entirely or partially inaccurate. The party may file the statement before the other party completes the adduction of such computer record, unless the party can show to the satisfaction of the Court that the party does not know the cause for opposing the record before the time. In the latter case, the party may file a request for the Court permission to oppose the admission of the record, the medium or the copies at any time before the judgment is rendered. If the Court finds that the party unable to oppose before the completion of adduction of the record and the ground raised in the request is reasonable, the Court shall grant such request. In this case, section 126 of the Civil Procedure Code shall apply mutatis mutandis.

If the party intending to oppose the adduction of a computer record fails to do so prior to the completion of the adduction or the Court does not permit the opposition be done at a later stage, the party may no longer oppose the admission of such computer record as evidence in the case. However, if the Court deems appropriate in the interest of justice, the Court may make an inquiry [inquiry] into and decide upon the conditions for admission of the computer record set forth in Rule 33 or the authentication or accuracy of the medium containing the record or the copies thereof.

Rule 36. The provisions under Rules 33 to 35 shall apply mutatis mutandis to the admissibility of any data recorded in or taken from microfilms, electronic medium or any other means of information technology medium.

Admission of Hearsay Evidence

Rule 37. The Court may admit hearsay evidence as evidence corroborating other evidence in a case, if the Court is of the opinion that:

  1. Given the nature, characteristic, source of the evidence and other circumstantial facts surrounding it, the evidence has probative value in proving some facts in the case; or
  2. There is a cause preventing the person who directly saw or heard the adduced matters or having first-hand knowledge of such matter from testifying in the Court and it is appropriate in the interest of justice to admit such hearsay evidence.

An informed statement to which a witness testifies in court or is recorded in a document or material adduced as evidence in court shall be deemed hearsay evidence if it is proffered to prove the truth of the matter asserted.

Considering and Weighing of Evidence

Rule 38. In considering whether the written statement of a person who does not appear in court under Rule 29 paragraph three or four, the written statement submitted under Rule 31 or the hearsay evidence proffered under Rule 37 has a probative value and, if so, to what extent, the Court shall do so with due care, taking into account the nature, characteristic and source of the written witness statement or hearsay evidence.

 

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