:: ศาลแพ่ง :: |
|
|
 |
:: หน่วยงานที่เกี่ยวข้อง :: |
|
|
|
|
|
|
 |
On the first hearing day, if a party fails to attend the hearing and is not granted permission by the court to be absent, the party is
deemed to be in default of appearance. If both parties are in default of appearance, the court will have to order that the case
be removed from the pending case-list. If only the plaintiff is in default of appearance, the court will remove the case from the
pending case list only in the case where the defendant does not request the court to continue the trial.
The more common scenarios are those in which the defendants are in default of appearance.
In this kind of cases, the court may order that the cases be conducted ex parte. Under the new amendment to the Civil Procedure
Code, default of appearance by the defendant may occur only in the case where the defendant has previously filed an answer.
If the defendant is in default of answer, the proceeding relating to the defendant will be specifically conducted under the regime
for default of answer. Such defendant will not be deemed in default of appearance even though he does not attend a hearing
held for plaintiffs witnesses. Like the case of default of answer, the court may not decide for the plaintiff only on the ground that the
defendant is in default of appearance. The court may hold for the plaintiff only if his claims have legal basis and are not prohibited
by the law. Usually, the plaintiff wins, except for some extraordinary cases where the plaintiffs have failed to adduce some important
evidence required by the laws.
After all necessary evidence has been taken, the court will set a date for pronouncement of judgment. In
theory, as long as the judgment has not been pronounced, the court is empowered to order some witnesses be adduced or evidence be
submitted. But, in practice, courts usually adhere to the adversary-style of proceedings, and rarely use such power.
Judgments are pronounced in open court, except where neither party attend the proceeding, the
court may order that the parties are deemed to legally acknowledge the judgment without actually pronouncement. If the court decides
for the plaintiff and the defendant attends the pronouncement proceeding, the court will issue an enforcement decree directing the
defendant to comply with the judgment. If the defendant does not attend, the court will have the enforcement decree served on the defendant .
Usually, the defendant will have 30 days to voluntarily comply with the judgment. If the defendant fails to do so, the plaintiff will have to
request the court to issue a writ of execution appointing court officials to enforce the judgment.
In civil cases, the party who is not satisfied with the judgment may appeal to the Courts of Appeal, except where the disputed amount or the value
of the property in dispute is less than Baht fifty thousand, the party is not able to appeal on the question of facts. Although, according to the law,
the Courts of Appeal may hold a hearing for oral argument by the parties, the Courts of Appeal will practically decide cases by considering only
case files. A judgment of the Courts of Appeal on the question of facts can be appealed to the Supreme Court when the amount of claims or the
value of property in dispute exceeds Baht two hundred thousand. Judgments of the Supreme Court are final. |
|
|
|
 |
|
Thai 
English
