Service
of Process of Foreign Subpoena Within Thailand
There
are three major issues with regard to service of process
in Thailand: (1) Is the service legal pursuant to the
foreign laws? (2) Is the service legal pursuant to Thailand
law and is the service enforceable in Thailand? (3) What
are the conflict of law issues?
(1)
Is the service legal pursuant to Foreign Law?
There is a split in jurisdictions on this question. Some
jurisdictions (including many US states) allow service
by certified mail or by the execution of a return of service
form prepared by the person serving the documents. Many
US states require that the person serving the documents
speak English. Other jurisdictions require that the service
be pursuant to local (Thailand) laws. If the subpoena
needs to be served pursuant to Thailand law, the process
is likely to be more involved (as described in paragraph
2 below).
(2)
Is the Service Legal Pursuant to Thai law?
The relevant provision addressing this question is Section
70 of the Civil Procedure Code:
All
plaints, summonses and other writs, and all orders and
decrees of the Court shall be served by an officer of
the Court on the parties or any third person concerned;
however (1) subpoenas for witnesses shall be served
directly by the party on whose behalf the witnesses
are summoned, unless the Court otherwise orders or the
witnesses refuse to accept the subpoenas; in such case,
the subpoenas shall be served by an officer of the Court.
(2) any order or decree of the Court, including orders
fixing the day of hearing or of taking evidence, as
the case may be, or an order for adjournment, shall,
if the parties or persons concerned are present in Court
at the time when it is issued and have affixed their
signatures in cognisance thereof, be deemed to have
been served according to law. "In case of plaints,
the plaintiff shall pay the fees for service, and he
shall or shall not procure the service as he thinks
fit, unless the Court shall order him to have the duty
to procure the service thereof. In case of summonses,
other writs, orders or decrees of the Court issued upon
the application of any party, if the Court does not
order him to procure service also, such party shall
only pay the fees for service. In any other case, it
shall be the duty of the Court to secure service on
the party or person concerned."
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