Although
this provision allows for service of a subpoena by the
party directly, this refers to domestic subpoenas. Foreign
subpoenas may qualify as "other orders." Therefore
a foreign subpoena would have to be served by a Thai
Court officer in order to comply with Thai law.
Having a subpoena sent through official channels, that
is, by the Letters Rogatory Process, will result in
the Thailand Ministry of Justice having the Thai Courts
serve the subpoena through an official process server
of the Thailand Court.
A validly served subpoena that was obtained through
the Letters Rogatory process would be a document of
record within the Thai Court system and provide evidence
that it was validly served by Thailand Judiciary officers.
Whether contempt of such a subpoena, by non-appearance
or non-compliance, would be punishable pursuant to
Thai law and in Thai Courts is an issue that has not
yet been addressed by the Thailand Supreme Court.
(3)
Conflict of Law Issues:
Assuming that the service of process in Thailand was
contested in a US Court, the validity of the service
of process would come into play. In this situation
the Conflict of Law rules of the US and/or those of
Thailand may be triggered. If the Conflict of Laws
Act of Thailand was triggered, Section 9 of the Act
states:
"Unless
otherwise provided, the formal validity of a juristic
act shall be governed by the laws of the country where
the act is made."
As
a result in may be possible to challenge in US Courts
subpoenas that are not served by court officials in
Thailand, because they would not be pursuant to Thai
law. However, the phrase "unless otherwise provided"
may be interpreted to mean that if the foreign service
of process laws allows service by certified mail or
personal service in foreign jurisdictions, then it
may be permissible pursuant to the Thailand Conflict
of Laws Act.
