Civil case and the litigation
The Civil Proceeding in Thailand is basically governed by the Civil Procedure Code 1934 which has been amended from time to time, recently in 2000. The rules in the Code are practical, giving the court wide discretion in directing the proceedings in the cases. It is a fundamental principle of the code that all trials must be held in open court and in the presence of all parties except in case of default or in case of necessity to maintain order in court.
Other essential to be heard and entitled to legal representation is that witnesses are subject to examination-in-chief, cross-examination and re-examination.To reach judgment, the court has full power to decide whether the evidence as adduced by the parties is relevant to the issue and is sufficient to be taken as conclusive. The judgment must state the ground on which it is based. Although the judgment may be appealed to the Appeal Court and further appealed to the Supreme Court, the lodging of an appeal or further appeal does not entail such stay of execution of the judgment or order of the court. Nonetheless, the party lodging the appeal may apply to the Appeal Court or the Supreme Court for such stay of execution.
After all statement of claims, statement of defense/counter-claims or answer to counter-claims has been filed or the parties require, the mediation centre of Civil Court will arrange a meeting with all parties. A Mediator (justice) will conduct a mediation process in order to explore the possibility of early settlement without the need to enter into any further complicated proceedings. If the parties can reach a settlement, justice may be appointed to render an award on agreed terms or a consent award and make an agreed judgment. If, however, a settlement may not be obtained during this meeting, the parties will enter into the civil proceedings.
Thailand is now actively enforcing a comprehensive Anti-money Laundering Act. The enactment of this Act is to target the transfer of money and property derived from narcotics trafficking, prostitution and other sexual offenses, fraud against the public, fraud involving financial institutions, abuse of position by a government official, extortion and trade in contraband. The tool in combating crime is the ability of enforcement officials to seize, without a warrant, money or property connected with the commission of one of a money laundering offense. Those officials can submit the plaints to only Civil Court and the case will be under the civil proceedings. The owner of seized property must convincingly demonstrate the property is not related to the commission of one of the enumerated crimes, or a money laundering offense, in order to recover the property.
The request appointing an administrator of the estate shall be submit to the Civil Court , which aims to facilitate 2 cases. These are the case that the du cujus is domiciled at the time of his dead within the Civil Court territorial jurisdiction or the case that the de cujus is not domiciled within the Kingdom, but such estate is situated in the Kingdom where is also in the Civil Court territorial jurisdiction. The applicant who cannot afford to hire a lawyer shall ask the legal officers of the Civil Court to file a legacy motion. There is an extra quorum of justices solely to make proceedings of these legacy motions. In the case of no protestors or non-contentious cases, the applicant shall derive an administrator of the estate order on the day of taking evidence.