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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:
- Prohibiting the public from
attending in whole or in any part of the hearing, and
holding the hearing in camera, or
- 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:
- Mediating or
arbitrating;
- Fixing the period of time for
the whole proceedings;
- 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;
- Fixing detail and period of
time for technical or scientific experiment proving some
facts in some facts in the case;
- 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:
- Name of the Court and the case
number;
- Date, month, year in which and
the place where the written witness statement was
made;
- Name and family name of the
parties;
- The declarant's name, family
name, age, address, occupation and relationship with the
parties;
- Description of facts and/ or
opinions of the declarant ;
- 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
- The data recording or
processing was done in the ordinary course of business of
the user of the computer, and
- 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
- 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;
- 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:
- 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
- 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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