Civil Cases in Thailand
The Plaintiff, who is the aggrieved party, must go to court after they decide that the dispute cannot be resolved without judicial intervention. They, through their attorney, file a complaint in writing with the appropriate trial court and clearly state the nature of their claim, the relief sought, and the allegations on which the claim is based.
The Defendant is the party against whom the case is brought. An attorney's assistance is indispensable when considering factors such as the proper assignment of the case, the jurisdiction of the court, and the determination of relevant parties. Improper determination of any of these factors can result in early dismissal of the lawsuit.
Out-of-court Settlement
Thai courts seek to bring disputes to an out-of-court settlement when common civil lawsuits, such as divorce, breach of contract, and recovery of monetary amounts, are filed. They schedule a preliminary hearing to identify problems and, more importantly, to allow for compromise. Courts may temporarily adjourn the case if the parties wish to settle, but they may also begin to consider the case's merits if a compromise is not possible.
Features
All court proceedings in Thailand are conducted in the Thai language, except in some special courts. Foreign language documents must be translated into Thai, and only original documents are accepted as evidence, except in certain cases. A preponderance of evidence suffices to prove one's claim in a civil lawsuit.
The importance of a lawyer
The involvement of a Thai lawyer is crucial until the court makes a final decision on the case. The proceedings are conducted in the native language, and some remedies and practices are typical of the Thai court system. A lawyer should guide the Plaintiff through the entire process, including the judgment stage in the trial court and possible stages of appeal to the Court of Appeal and the Supreme Court.