How to Prepare for a Civil Case Lawsuit in Thailand: Civil Litigation Procedures

Being involved in a civil case lawsuit abroad may be an unnerving experience, particularly if you are unfamiliar with the local legal practices and regulations. Whether you are a foreigner or a local citizen, understanding the Thai civil litigation system and being well-prepared is essential. 

We will walk you through the required stages to get ready for a civil case lawsuit in Thailand in this article, illuminating the particulars of civil litigation processes.

Key Stages in Civil Proceedings in Thailand

Civil case lawsuit proceedings typically follow these key stages:

Filing of Complaint or Statement of Claim:

Litigation initiates with the plaintiff submitting a complaint or statement of claim to the court. This document provides comprehensive details of the plaintiff's claims, encompassing relevant facts, allegations, the nature of the claims, the requested relief, and the claimed amount.

Statement of Defense and Counterclaim:

Within 15 days of receiving a summons, the defendant must submit a statement of defense. Failure to do so within the stipulated time frame may result in a default judgment. The statement of defense comprises the defendant's admission or denial of the plaintiff's allegations, along with explanations for the denials. The defendant can also include a counterclaim related to matters presented in the plaintiff's complaint.

Issue Determination for Trial:

If parties cannot reach an amicable settlement during pre-trial proceedings, the court schedules a hearing to identify the issues to be addressed during the trial. The court defines these issues and establishes the burden of proof for each. Subsequently, trial dates are set for the presentation of evidence by each party according to their respective burden of proof. Typically, trial dates are set around three to six months after the issue determination.

Evidence Presentation:

The trial commences with the presentation of evidence by each party to support their allegations or arguments. Generally, the party with the greater burden of proof presents evidence first. At least seven days before the trial date, each party must provide the court and the opposing party with a list of documents, physical evidence, and witnesses, along with photocopies of these materials. Evidence is presented in court on the scheduled trial dates. A party's attorney conducts direct examination of witnesses or submits their written statements. Following direct examination, the opposing party's attorney may cross-examine the witness, after which the initial attorney may conduct re-examination.

Issuance of Judgment:

No specific timeframe is regulated for reaching a judgment. The duration for a judgment from a Court of First Instance varies, taking approximately one to four months from the conclusion of court proceedings, contingent on the case's complexity. With the exception of special rules for cases involving smaller amounts, judgments are typically drafted and orally pronounced in court. These judgments align with the relief sought by the plaintiff, potentially including specific performance, permanent injunctions, damages, or punitive damages under certain circumstances, as per relevant laws.

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Signing the Power of Attorney

Before diving into the legal battle, the first crucial step is to sign a Power of Attorney. A Power of Attorney serves as a written authorization that empowers another individual to act on your behalf in making decisions or executing actions when you are unavailable or inconvenienced. Whether you require temporary authorization within specific parameters or the management of your entire business in your absence through a Power of Attorney in Thailand, Umpire Legal offers consultation and assistance in crafting this document to suit your needs.

In Thailand, the Power of Attorney must be signed by both the Principal and the Attorney-in-fact in the presence of witnesses or a Notarial Services Attorney. Alternatively, the signatures on the Power of Attorney can also be notarized by the Notarial Services Attorney. Additionally, to be considered a valid document for official purposes in Thailand, the Power of Attorney must bear the required duty stamps.

Drafting of the Pleadings Statements

A well-drafted pleading is the cornerstone of any successful case. Pleadings are formal statements filed by parties in a legal proceeding, outlining their main contentions and allegations. A good pleading should comprehensively state all relevant facts and allegations related to the case and cite the applicable laws. Crafting a strong pleading is vital, as it sets the stage for the entire civil litigation procedures.

Most pleadings often allow for amendments, especially when it comes to complaints and answers. Changes to the amount sought, the waiver of any claim, the completeness of the first complaint, the addition of additional defenses, or modifications to the accusations or contentions are examples of such adjustments. 

However, it is crucial to remember that these adjustments must be sought prior to the day on which the issues to be tried are decided, or at least seven days before the first hearing for the examination of the evidence if the issues to be tried have not yet been decided. If there is a good reason, the desired alteration concerns maintaining public order, or it is intended to address a clear error or mistake, late requests for revisions may be taken into consideration. It's also important to note that if an addition to a complaint or answer adds a completely new claim, it is not permitted unless the new claim is sufficiently related to the original claim to warrant their consolidation for trial and adjudication.

Settlement of Court Charges

When dealing with a civil case lawsuit that involves property or money, you'll be required to pay court fees. Keep in mind that these fees are essential to cover court expenses and may be refunded with minimal deductions if the case is settled through compromise.

The calculation of court fees for claims (or counterclaims) in cases where the relief sought involves monetary compensation is determined at each level of the court based on the following rates:

• For claims related to property or monetary matters: The fee is 2% of the claimed amount, up to a maximum fee of THB 200,000. Additionally, there is an extra fee of 0.1% of the claimed amount beyond the initial THB 50 million.
• For claims involving the enforcement or annulment of an arbitral award issued in Thailand: The fee is 0.5% of the award (the fee is 1% if the award was issued outside Thailand) or the amount in dispute, capped at THB 50,000. An additional fee of 0.1% is applied to amounts exceeding the initial THB 50 million.
• For requests related to the enforcement or foreclosure of a mortgage: The fee is 1% of the claimed amount, up to a maximum fee of THB 100,000. Additionally, there is an additional fee of 0.1% of the amount beyond the initial THB 50 million.

In cases where the relief sought does not involve monetary compensation, a flat fee of THB 200 per case is applicable. Additionally, there's a 1,000 Thai baht charge for court delivery expenses.

Small additional fees are also levied by judges and bailiffs for expenses like paying witnesses, acquiring evidence outside of the courtroom, and other pertinent expenses.

Generally, verdicts include extra expenses as long as they do not exceed 1% of the amount sought, coupled with an order compelling the losing party to pay the winning party's actual court costs. In addition, the ruling must provide that the victorious party will be compensated for its legal costs, up to 5% of the amount sought in the initial court and 3% at each subsequent level in higher courts, regardless of the actual costs spent.

Overview of Required Documents to Be Presented

Gathering and organizing your documents is a critical aspect of case preparation. The necessary documents may include:

• Evidence of the source of the obligation
• Complete listings of amounts and interests due
• Power of Attorney for both you and your Thai lawyer
• Photocopies of your Thai national ID or passport
• Company registration certificates if applicable
• Household registration certificates of the defendant
• Any other documents relevant to your case.

Delivery of the Summons

Once your case is recorded, a summons will be sent to the respondent, notifying them of the filed case. A copy of your complaint will accompany the summons, ensuring that the respondent is informed about the allegations against them.

Filing an Answer

The respondent must file an Answer within a specified period, admitting or denying the allegations in your complaint. Failure to file an Answer could lead to the respondent being declared in default, which can result in the loss of certain rights during the proceedings.

Failure to Respond and Appear

Both parties have the potential to be declared in default by the motion of the other. If a defendant is declared in default, they lose the opportunity to defend themselves during the proceedings, and the case proceeds based solely on the plaintiff's claims. If the plaintiff fails to file for a default order within 15 days, the court may strike the case from its schedule.

Counterclaims

Defendants who file an Answer may also submit Counterclaims against the plaintiff. A counterclaim is essentially any claim that the defendant may have against the plaintiff. In response, the plaintiff must file an Answer to the Counterclaim within 15 days.

Mediation and Resolution Proceedings: Alternative Dispute Resolution (ADR)

Before a case formally proceeds to trial, the Thai courts encourage reconciliation or compromise through Alternative Dispute Resolution (ADR). Mediation, arbitration, and conciliation are among the ADR mechanisms available in Thailand. ADR aims to resolve disputes without the need for lengthy litigation, giving power to the involved parties to decide the outcome themselves.

Mediation and arbitration stand out as the prevailing methods of ADR in Thailand, complemented by the practice of conciliation.

Thailand, like several other nations, embraces alternative dispute resolution as a pivotal approach to conflict resolution.

Alternative dispute resolution encompasses an array of informal mediation processes, informal and formal tribunals, and formal mediation proceedings. The conventional tribunal forms of ADR encompass arbitration, whether it is binding or non-binding, as well as private judges who may preside individually or oversee summary jury trials.

Alternative Dispute Resolution is gaining increasing prominence in Thailand and may offer a swifter and more foreseeable resolution compared to conventional state courts.

In general, Alternative Dispute Resolution holds substantial appeal for several reasons:

• Expediency: It frequently leads to faster resolutions compared to pursuing a final judgment in court.
• Predictability: ADR offers the flexibility to select a mediator or arbitrator possessing sector-specific expertise, enhancing predictability in the outcome.
• Confidentiality: ADR allows for the maintenance of confidentiality throughout the dispute and resolution process.
• Customization: Parties can tailor the rules of procedure according to their specific requirements and preferences.

Purpose of the Pre-Trial Conference

The court schedules a pre-trial conference following the filing of pleadings. Based on the claims and denials made in the pleadings, the matters to be addressed during the actual trial are decided during this stage. This provides context for the trial's evidence by setting the scene.

Document Disclosure

Pre-trial discovery of testimony, pre-trial examination of documentary evidence and other tangible items, as well as the examination of property and individuals, is often a significant part of the process.

Modes of Discovery are not present in the Thai judicial system. The Civil Procedure Code (CPC)'s fundamental rules of disclosure, however, mandate that each party submit to the court a list of the witnesses, items, places, and experts who will support their claims or arguments at least seven days before the scheduled evidence presentation. Except for papers previously known to or in the possession of the opposing party, copies of this list and the mentioned documents should also be delivered to the opposing party. The court may, at its discretion, allow for revisions or additional evidence lists.

If a party intends to utilize documents held by the opposing party or a third party, they can request the court to issue an order compelling the said party to furnish the original documents or certified copies to the court. These same rules apply to electronic proceedings.

Under the CPC, prior to initiating a civil case lawsuit, an individual who plans to rely on a document or a witness's statement in the future, and is concerned that such evidence may be lost or become challenging to obtain, can file a motion requesting that the document or witness's statement be immediately admitted as evidence.

Jurisdiction and Location

Understanding jurisdiction and venue is vital. Jurisdiction refers to the court's authority to hear and decide cases, mandated by law and non-waivable. In Thailand, there are six courts in Bangkok competent to try civil case lawsuits, with provincial courts exercising jurisdiction outside Bangkok.

Venue determines the specific court within the jurisdiction where the case will be heard and decided. Unlike jurisdiction, venue can be waived by the parties and is determined by factors such as the defendant's domicile or where the cause of action arose.

Statute of Limitations

Prescription, or the Statute of Limitations, sets deadlines for filing legal actions. If you file a case beyond the prescriptive period, it will be dismissed for being filed out of time. It's crucial to consult with a lawyer promptly to assess the validity of your claim.

The Trial Itself

The trial focuses on the issues joined during the pre-trial stage. The prosecution presents evidence followed by the respondent. Rules on evidence are observed during the trial, with exceptions made at the court's discretion to meet the ends of justice. It's essential to follow the court's language requirements and have foreign documents authenticated and translated into Thai.

Enforcement of Judgment

Once a judgment is rendered, the winning party can seek the court's assistance in executing the judgment. This may involve payment, performance, or ceasing of an action. The losing party has a limited time to comply with the court's order, or the winning party may initiate an independent execution case.

Appeals Process and Details

In the event that either party, whether claimant or defendant, expresses dissatisfaction with the court's judgment, they have the right to appeal the decision to the Court of Appeals within their jurisdiction. The appeal process involves higher courts, with strict timelines for filing appeals. Decisions from appellate courts are based on documents forwarded from lower courts, petitions, and responses. To initiate an appeal, it is imperative to submit a petition to the court that issued the judgment within one month from the date of the judgment.

However, it's important to note that no appeal will be considered for civil actions involving 50,000 Thai baht or less unless the Courts of First Instance ascertain that there are valid reasons for the Appeals Court to review the matter. The decisions reached during the appeals process are based on the documents presented by the lower court, the submitted petition, and the respondent's response. Additional evidence, including verbal arguments, will not be entertained unless extraordinary circumstances dictate otherwise.

The Court of Appeals has several options when deliberating on a case:

1. They may choose to affirm the lower court's decision.

2. If they find flaws in the decision, they may remand it to the lower court with specific instructions for judgment.

3. They might request a retrial of the case.

4. Alternatively, the Court of Appeals may issue a ruling of their own.

Should a defendant remain dissatisfied with the decision of the Court of Appeals, they retain the option to appeal to the Supreme/Dika Court. However, this is only possible when the case involves an amount exceeding 2,000 Thai baht or if the Court of Appeals judge certifies that there are legitimate grounds for the Dika Court to consider the case.

The Supreme/Dika Court relies on the petition and any written documents forwarded by the Court of Appeals. Similar to the Appeals Court, the Dika Court does not accept new evidence unless it is deemed essential for reaching a just decision.

It's worth noting that proceedings in the Supreme/Dika Court typically span from a year and a half to two years.

Final Thoughts

Preparing for a civil case lawsuit in Thailand is a meticulous process that demands attention to detail, adherence to legal procedures, and expert guidance. By following these steps and seeking the counsel of an experienced civil litigation lawyer, you can navigate the complex Thai civil litigation procedures with confidence and increase your chances of a favorable outcome in your case.

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