Although
this provision allows for service of a subpoena by the
party directly, this refers to domestic subpoenas. Foreign
subpoenas may qualify as "other orders." Therefore
a foreign subpoena would have to be served by a Thai
Court officer to comply with Thai law.
Having
a subpoena sent through official channels, that is,
by the Letters Rogatory Process, will result in the
Thailand Ministry of Justice having the Thai Courts
serve the subpoena through an official process server
of the Thailand Court.
A
validly served subpoena that was obtained through the
Letters Rogatory process would be a document of record
within the Thai Court system and provide evidence that
it was validly served by Thailand Judiciary officers.
Whether contempt of such a subpoena, by non-appearance
or non-compliance, would be punishable pursuant to Thai
law and in Thai Courts is an issue that has not yet
been addressed by the Thailand Supreme Court.
(3)
Conflict of Law Issues: Assuming that the service
of process in Thailand was contested in a US Court,
the validity of the service of process would come into
play. The Conflict of Law rules of the US and/or those
of Thailand may be triggered. If the Conflict of Laws
Act of Thailand was triggered, Section 9 of the Act
states:
"Unless
otherwise provided, the formal validity of a juristic
act shall be governed by the laws of the country where
the act is made. "
As
a result in may be possible to challenge in US Courts
subpoenas that are not served by court officials in
Thailand, because they would not be pursuant to Thai
law. However, the phrase "unless otherwise provided"
may be interpreted to mean that if the foreign service
of process laws allows service by certified mail or
personal service in foreign jurisdictions, then it may
be permissible pursuant to the Thailand Conflict of
Laws Act.
OBTAINING
EVIDENCE:
Thailand not a party to the Hague Convention or the
Vienna Convention on Consular Relations. Also, in regard
to many countries including the United States there
is no bi-lateral consular convention in force between
the two countries with regards to these matters. It
is therefore necessary to be familiar with and observe
the laws and regulations of the Kingdom of Thailand.
Inadvertently violating local laws while attempting
to obtain evidence may result in arrest, detention,
or deportation.
Voluntary
Depositions of Witnesses: Any witness, regardless
of nationality may be deposed in Thailand, at any mutually
agreed upon location, including over the telephone.
However, witnesses may refuse to take an oath and may
also refuse to answer any or all questions.
The
US Embassy and other embassies in Thailand can provide
services for interpreters and stenographers. Consular
staffs are normally authorized to administer oaths to
witnesses. However, there are no court reporters in
Thailand the cost of bringing one into Thailand would
be the responsibility of the foreign party seeking the
deposition.
