Overview: Thailand
is not a party to the Hague Convention on the Service
Abroad of Judicial and Extra-Judicial Documents in Civil
or Commercial Matters (Hague Convention). Therefore, service
of process, obtaining evidence, compulsion of testimony,
compulsion of documentary evidence or physical evidence,
and authentication of foreign evidence can be a complicated
process. In general, being unaware of Thai and relevant
international and foreign laws may forestall and further
complicate such processes. Contacting a law firm or representative
in Thailand is advisable as early as possible in any legal
proceedings in order to avoid such complications.
Service
of Process: Service of Process of Foreign Subpoena
Within Thailand: There are four major issues with
regard to service of process in Thailand: (1) Is the service
legal pursuant to the foreign laws and (2) Is the service
legal pursuant to Thailand law? And is the service enforceable
in Thailand? (3) What are the conflict of law issues?
(1)
Is the service legal pursuant to Foreign Law? There
is a split in jurisdictions on this question. Some jurisdictions
(including many US states) allow service by certified
mail or by the execution of a return of service form prepared
by the person serving the documents. Many US states require
that the person serving the documents speak English. Other
jurisdictions require that the service be pursuant to
local (Thailand) laws.
(2)
Is the Service Legal Pursuant to Thai law? The relevant
provision is Section 70 of the Civil Procedure Code:
All
plaints, summonses and other writs, and all orders and
decrees of the Court shall be served by an officer of
the Court on the parties or any third person concerned;
however (1) subpoenas for witnesses shall be served
directly by the party on whose behalf the witnesses
are summoned, unless the Court otherwise orders or the
witnesses refuse to accept the subpoenas; in such case,
the subpoenas shall be served by an officer of the Court.
(2) any order or decree of the Court, including orders
fixing the day of hearing or of taking evidence, as
the case may be, or an order for adjournment, shall,
if the parties or persons concerned are present in Court
at the time when it is issued and have affixed their
signatures in cognisance thereof, be deemed to have
been served according to law. "In case of plaints,
the plaintiff shall pay the fees for service, and he
shall or shall not procure the service as he thinks
fit, unless the Court shall order him to have the duty
to procure the service thereof. In case of summonses,
other writs, orders or decrees of the Court issued upon
the application of any party, if the Court does not
order him to procure service also, such party shall
only pay the fees for service. In any other case, it
shall be the duty of the Court to secure service on
the party or person concerned."
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