Bangkok Legal Service

Authority to Examine Witnesses by Commission

Legal illustration: Authority to Examine Witnesses by Commission
Legal illustration: Authority to Examine Witnesses by Commission

1d. The Assistant Provincial Judge of Chon Buri has been handling this case from the beginning. It appeared that there were two witnesses, namely 2 mouths, located at Number 8, Chang Klarn Subdistrict, Mueang District, Chiang Mai, Mr. Sa-weng, wished to submit issues for investigation of these two witnesses at the Chiang Mai Provincial Court. The Plaintiff will pursue these issues to investigate and examine these witnesses themselves. If the Plaintiff does not investigate these witnesses, the court will permit it. On the date set for witness examination, the issues that the Chiang Mai Provincial Court could not pursue due to a bout of diarrhea were brought by Mr. Swing, the Assistant Prosecutor of Chon Buri. Mr. Swing then traveled to Chiang Mai to investigate the witnesses in place of Mr. Sa-weng, simultaneously with Mr. Sa-weng, the Prosecutor of Chiang Mai, investigating the witnesses of Mr. Sa-weng, citing that Mr. Sa-weng had stated to the court that he would request the Chiang Mai Provincial Prosecutor to investigate the witnesses in place of Mr. Swing, who then proceeded to investigate whether the claims of Mr. Sa-weng, the Prosecutor of Chiang Mai, were in accordance with the law. The answer to the question, are Mr. Sa-weng’s claims, the Prosecutor of Chiang Mai, acceptable? The answer is that Mr. Sa-weng’s claims, the Prosecutor of Chiang Mai, are not acceptable under Section 12 (3) amended by (No. 3) B.E. 2502, which stipulates that the witness assigned to the court that has been handling the case from the beginning has the authority to pursue the case in the court where the witness issues are investigated.

Civil Procedure Law, Procedural Law for Civil Cases, the Supreme Court Manual, and Evidence Law.

Mr. Atit is the Plaintiff, maintaining his claim against Mr. Jan, the Defendant, for breach of contract to pay debt.