Navigating Civil Evidence Law in Thailand can be a complex yet crucial process for those involved in legal disputes. Whether you’re an individual or a business entity, understanding how evidence is handled in Thai courts will provide you with a clear advantage in any civil case. If you’re seeking the assistance of a lead law firm in Bangkok, this guide will walk you through the essential aspects of civil evidence law and how it applies to various legal proceedings.

1. Overview of Civil Evidence Law in Thailand

Civil evidence law governs how evidence is presented and evaluated in civil cases. Civil cases in Thailand can cover a wide range of legal matters, including contract disputes, property issues, family law matters, and more. In these cases, the party presenting a claim must provide sufficient evidence to support their assertions.

The Civil and Commercial Code of Thailand, along with the Civil Procedure Code, outlines the rules surrounding evidence in civil cases. The law prescribes various forms of evidence, including documents, testimony, expert opinions, and physical evidence, each of which plays a crucial role in establishing the facts of the case.

2. Types of Evidence Under Thai Civil Law

There are several types of evidence that may be used in civil litigation in Thailand. Below are some of the key categories of evidence that parties may present:

a) Documentary Evidence

Documentary evidence is the most common form of evidence presented in Thai courts. This includes contracts, letters, emails, invoices, business records, and any written material that can substantiate a party’s claim. According to Thai law, documents in a foreign language must be translated into Thai before they can be submitted to the court.

• Authentication of Documents: If the authenticity of a document is in question, the court may require the party submitting the document to prove its legitimacy. This might involve notarization, certification by relevant authorities, or presenting the original document.

b) Testimonial Evidence

Testimony from witnesses is another vital form of evidence in civil cases. Witnesses can provide personal accounts of the facts that support one party’s case. In Civil Procedure Code Section 155, witnesses can be called by either party to testify under oath, providing firsthand knowledge of the events.

• Types of Witnesses: Testimonial evidence can be categorized into expert testimony and ordinary witness testimony. Expert witnesses are usually called to provide professional opinions on specialized matters, such as accounting or engineering.

c) Physical Evidence

Physical evidence can include objects or items that are relevant to the dispute. This could range from photographs, objects, or other tangible items that directly relate to the case. These pieces of evidence must be presented to the court, and their relevance must be clearly established.

d) Electronic Evidence

In the modern era, electronic evidence is becoming more common in Thai civil cases. This includes emails, text messages, digital documents, and even social media posts. However, like documentary evidence, electronic evidence must be properly authenticated and demonstrated to be relevant to the case.

3. Rules of Admissibility of Evidence in Thai Courts

The Civil Procedure Code of Thailand sets out the general rules for the admissibility of evidence in civil cases. Evidence must meet certain standards to be accepted by the court:

a) Relevance

The evidence must be directly related to the issues in the case. If the evidence does not support or refute any part of the claim or defense, it may be deemed irrelevant and inadmissible.

b) Authenticity

The court requires that evidence is authentic and unaltered. For documents, this means providing original copies or certified copies. In the case of testimony, the witness must be able to prove their first-hand knowledge of the facts.

c) Legality

Evidence must not have been obtained through unlawful means. For example, illegally obtained evidence, such as information obtained through unauthorized surveillance or breach of privacy laws, will not be admitted in court.

d) Hearsay Rule

Thai law generally excludes hearsay evidence, or evidence based on what a witness has heard from others. However, there are exceptions, such as when the statement is made by a party to the case or when it falls under the rules for expert testimony.

4. Burden of Proof and Presumptions in Civil Cases

In civil litigation in Thailand, the burden of proof typically rests with the party making the claim. This means that the plaintiff (the party filing the lawsuit) must provide sufficient evidence to prove their allegations. In the case of a breach of contract, for example, the plaintiff must prove that a contract existed, that it was violated, and that damages resulted from the breach.

a) Preponderance of the Evidence

Unlike criminal cases, which require proof beyond a reasonable doubt, civil cases are generally decided on the preponderance of the evidence. This means that the judge will consider whether the evidence presented is more convincing than the evidence presented by the opposing party.

b) Presumptions

Under Thai law, certain facts may be presumed based on the circumstances. For example, in property disputes, the possession of property is often presumed to be evidence of ownership. However, presumptions can be rebutted with evidence to the contrary.

5. Expert Witnesses and Their Role in Civil Cases

In certain complex civil cases, expert witnesses play a key role in presenting evidence. An expert witness is someone who possesses specialized knowledge or expertise in a particular field, such as engineering, accounting, or medicine. Expert witnesses can be called to provide opinions on matters that are beyond the average person’s understanding.

a) Role of the Expert Witness

Expert witnesses are tasked with interpreting evidence or offering opinions on technical or scientific matters. Their role is to assist the court in understanding complex issues and providing informed conclusions that support the party’s case.

b) Qualification of Expert Witnesses

Under Thai law, expert witnesses must be qualified in the subject matter on which they are testifying. Their qualifications must be recognized by the court, and they are often required to submit a written report detailing their findings before appearing in court.

6. Challenges to Evidence in Thai Civil Litigation

In any civil case, parties have the right to challenge the evidence presented by the opposing side. The challenge to evidence can be made on various grounds:

a) Objections to the Admissibility of Evidence

If one party believes that the evidence presented by the other party does not meet the required standards, they can object to its admission. Common objections include the irrelevance or lack of authenticity of the evidence.

b) Disputing the Credibility of Witnesses

If one party believes that a witness’s testimony is unreliable, they can challenge the credibility of the witness. This may involve presenting evidence that contradicts the witness’s statement or showing that the witness has a bias or vested interest in the case.

7. Conclusion: Navigating Civil Evidence Law in Thailand

In conclusion, Civil Evidence Law in Thailand is a vital component of the country’s legal system and plays an essential role in civil litigation. Whether you are a foreign individual or business, understanding how evidence works in Thai courts can help you effectively navigate legal disputes.

Having a lead law firm in Bangkok with experience in civil litigation and evidence law is invaluable for ensuring that your case is handled with professionalism and efficiency. Whether you are dealing with contractual disputes, property issues, or other civil matters, expert legal guidance will help you present the strongest possible case to the court.

Seek Professional Legal Guidance

If you’re involved in a civil dispute in Thailand, consider consulting a lead law firm in Bangkok. With expertise in Civil Evidence Law in Thailand, a law firm can provide you with the tools and knowledge necessary to protect your legal rights and achieve a favorable outcome.