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Litigation is a legal proceeding in court which helps in settling disputes between people, organizations, or between both. In Rayong, like the rest of Thailand, Litigation procedures comply with the Civil and Commercial Code including Thai Civil Procedure Code. The Thai judicial system fundamentally operates on inquisitorial system, similar to that of continental Europe. Litigation in Rayong encompasses all areas ranging from civil actions, labor disputes, construction disputes, real estate & property disputes, to commercial and business litigations.
Engaging a lawyer to represent your interests in litigation in Rayong would be beneficial in numerous circumstances such as resolving business disputes, real estate conflicts, personal injury claims, or defending against criminal charges. Lawyers can help navigate the complex Thai legal system, manage preparation and filing of necessary documents, negotiate with parties involved and strongly represent your cause in the court.
Rayong, Thailand follows the Thailand's Civil Procedure Code for all court proceedings. A few distinct aspects to keep in mind are: firstly, Thai law does not have a significant concept of ‘discovery’ of documents, such as in US Law. Secondly, the party who bears the burden of proof for any claims is usually the plaintiff; after oral hearings, the trial court considers the evidence and passes judgment. Also, the law emphasizes on attempt for reconciliation and settlement between parties before proceeding for trial. Additionally, there are some limitations and restrictions applicable on foreign litigants on certain kinds of litigation.
Litigation procedures can vary greatly in length depending on the complexity of the case, but it typically might range from one to three years.
2. Can a foreigner file a law suit in Rayong?Yes, foreigners can file lawsuits. However, the foreigner is generally required to provide security for court fees/costs in any litigation that the foreign party initiates.
3. Can I represent myself in Rayong court?While it is legally possible to represent yourself, it is generally not advisable due to the complexity of Thai legal processes and language barriers.
4. How is the court procedure carried out?The court procedures begin with the filing of a complaint, after which summons are issued to the defendant and plaintiff to present their case, followed by examination of witnesses and finally the delivery of judgment.
5. What languages are used in the court proceedings?Thai is the official language of the court. If you are not fluent, you may need to seek the services of an interpreter.
The Thai Government’s Department of Rights and Liberties Protection provides advice and assistance in the field of Litigation. The Lawyers Council of Thailand (under the Royal Patronage) also offers information and resources to help understand the legal landscape.
If you need legal assistance in Rayong, the first step is to consult a local litigation attorney. They can provide counsel regarding the specifics of your case and the best course of legal action. Ensure you understand all your rights and responsibilities within the Thai legal system, along with potential outcomes.
