Trial procedures in Thailand are not the same again as say the British or American system. It is more of a mixture of the British system and a rather unique Thai system which is used. Note that this website does not dispense advice but attempts to give you a very broad overview of the legal system used in Thailand compared to a more Western legal system. Trials in Thailand can run for more than 5 years which is not uncommon and most attempt to settle matters early. On average a labor trial with delays can run 2-3 years before a verdict is given. If you are considering litigation in Thailand it is always best to speak to an attorney in Thailand first!
- You sign a power of attorney for your attorney to act;
- The complaint is filed with the court;
- If the claim is accepted the court will issue the summons and the plaintiff must deliver it;
- There is a 7 day period – if it is not collected and served the court takes the action as abandoned.
- The defendant then answers the court by submitting a counter argument within 15 days;
- Plaintiff then counter argues and also gets 15 days;
- After the pleadings are filed, the parties may, by agreement or with the Court’s help, establish a list of issues in dispute. The Court then fixes a date for the settlement of issues, a pre-trial conference specifying which issues must be and which need not be proved in the Court through introduction of evidence.
- The Court asks each party whether or not he/she will agree with the other on all or some of the disputed issues, and then sets the trial date on the issues still in dispute
The system is a bit unique as it avoids what one could in the West consider minor matters making it to trial. Hence legal costs are also much lower and most times matters are settled without an real legal battle. If you do find yourself in need of an attorney, it is always best to contact a reputable attorney for assistance as most matters are done in Thai. Very rarely is a matter ever conducted in English.