51/29-51-30 Village No. 4, Ban Suan Subdistrict, Mueang District, Chonburi Province
Citing documentary evidence such as various contracts made. Announcement message Evidence of conversations via email, LINE or facebook messenger
Or citing material witnesses such as photographs, video clips, conversation audio clips. or other evidence related to the case
If any party wishes to claim such document or material evidence for the benefit of their case An account of witnesses must be submitted within the time specified by law. This is regardless of whether it is a civil or criminal case.
If any party has taken evidence without submitting a list of witnesses. The court cannot accept such evidence into the document.
or if the court carelessly accepts such evidenceEnter the expression. The court was unable to use evidence to make a decision. (Read about submitting a detailed account of witnesses in the article below)
Exemption from submitting a list of witnesses – evidence for cross-examination
However The principle of reference to document or physical evidence must be to submit a list of witnesses before that. There is one exception. which lawyers will be involved with and will use frequently.
And if any lawyer clearly understands the principles of this exception, It can be applied to work to benefit as well.
The exception is that If such document or material evidence Even though we haven’t submitted a list of witnesses yet. Or is it a case that is just a preliminary investigation where we do not yet have the right to claim documentary evidence or material evidence?
But if the opposing side’s witness The said document or material witness has been certified. The Supreme Court has ruled that the court in the said case is able to accept such evidence into the document. and listen to such document or material evidence without having to submit a list of witnesses.
Examples of Supreme Court judgments
Supreme Court judgment no. 850/2534
In examining witnesses of the defendant in the first level P., the estate manager of R. Citing himself as a witness, he testified that Land according to the copy of the land title deed according to Document No. 4, appraised price is 2,500 baht per square wa according to the certificate of appraisal price, Document No. 1. The plaintiff then claimed the certificate of appraisal price, document no. 6, to refute the words of P. and the contents of the certificate of appraisal price, document no. 1. When the defendant’s witness testified to certify the certificate of appraisal price, document no. 6, the plaintiff would Have the right to refer to the certificate of appraisal price, Document No. 6, as evidence supporting the statement of P. without having to submit an account of documents to the courtSupreme Court judgment that 2251/2536
The preliminary inquiry level The defendant’s lawyer cross-examined the plaintiff, who claimed to be a witness, about the money the plaintiff took from the defendant. By taking the record that the plaintiff signed to receive the money and documents for the plaintiff to see and the plaintiff certifying that they were correct. The defendant’s lawyer then sent the records and documents to the court. As such, the records and documents are not evidence that the defendant claims. Rather, it is a document that the plaintiff testified about and the defendant’s lawyer submitted to the court to accompany the plaintiff’s statement to make the details appear clearer only.
Supreme Court judgment no. 3470/2538
The fact that the defendant did not specify a power of attorney as a witness and sent a copy to the plaintiff, but used that document to support the plaintiff’s cross-examination that L., the owner of the property, gave authority to Y. to enter into a lease agreement with the defendant. Such documentary evidence is not evidence to support the claim or argument, even though If it is not specified in the witness list and a copy is sent to the plaintiff, it is not prohibited from being heard in cases not covered by the provisions of the Civil Procedure Code, Sections 88, 90. The court can listen to such documents as evidence. When the defendant testified that L., the owner of the property, gave authority to Y. to enter into a lease agreement with the defendant, he would prove it by citing a power of attorney to explain that the name of Y. was the lessor in the lease agreement because he had not received authorization from L. It is an investigation of changes and amendments to the lease documents.
Supreme Court judgment no. 7812/2004
The purchase order is a document that the plaintiff uses to cross-examine the second defendant who claims to be a witness. When the second defendant has testified and certified the document. The plaintiff then claimed to submit it as evidence to the Court of First Instance. Therefore, it is not evidence to support the claim or argument of the plaintiff. Even though the plaintiff did not specify such documents in the plaintiff’s witness list. and failing to send a copy of the said document to the Court of First Instance at least 7 days before the witness examination date is not prohibited from hearing it. In the case that it is not subject to the provisions of Section 88 and Section 90 of the Criminal Procedure Code, such documents can be heard as evidence.
Supreme Court judgment no. 3770/2004
Although the three defendants did not specify the documents referred to as evidence, L.1 to L.4, they did use those documents in cross-examining the first plaintiff, who claimed to be a witness that the first plaintiff received the money that the first defendant transferred to the plaintiff. No. 1, according to the deposit receipt for document no. L.1, both the first plaintiff himself testified to certify documents no. L.1 to L.4, confirming that he was the one who signed to certify the correctness of the evidence. The fact that the 1st defendant sold the disputed land to the 2nd defendant according to documents in warrants L.2 and 3, the 1st defendant was able to claim those documents as evidence supporting the 1st plaintiff’s testimony in cases not covered by the Criminal Procedure Code. Wed, Section 88 and Section 90, even though the documents referred to as L.1 to L.4 were not specified in the witness list and copies were sent to both plaintiffs. It is not forbidden to listen to such documents in any way.
Results of witness testimony. Documentary evidence or material evidence
If it is a criminal case in the preliminary investigation stage If the prosecution witness testifies, certifies documents or material witnesses. The court can accept such documents or objects into the file for consideration.
This will certainly be of great benefit to defense lawyers in the preliminary investigation stage. Because it allows the court to hear additional facts and evidence from the defendant’s side. In addition to listening to the facts from the plaintiff’s side only.
If it is a civil case or criminal cases under consideration The court can accept documents into the file and listen to such evidence. Our side does not have to submit a list of such witnesses.
This will be useful in terms of verifying witnesses or detecting lies. Without letting the opposing party know first what documents or material witnesses we have on hand.
In order to use the above techniques correctly, we must understand the said laws clearly.
The main point that we must clearly understand is: However, it is considered to be testimony attesting to a document or material witness. as evidence of the actual existence of such objects
How is it considered testimony attesting to a document or material witness?
1.Accept that such documents/witnesses actually exist.
For example, a witness testified in answer to a question that Is the document really a document of a government agency under your jurisdiction? Or is the photograph of someone the witness knows? Or is it a video clip? This is a video clip of the actual incident.
2. Admit that he has seen documentary evidence – material evidence. Come first
For example: Testified in answer to the cross-examination question that Have you ever seen such a debt collection letter before, or seen such a photograph before, or seen such a video clip before?
3. Admit that you have your own signature on the document. Or have yourself in the clip or photo
For example: Testified in answer to the cross-examination question that You are the person who actually signed the contract as a witness, or you are the person who actually recorded the clip, or evidence of the conversation through the LINE program. It’s truly your own.
Testifying in cross-examination in such a manner is testimony attesting to documentary evidence or physical evidence which allows the court to accept such evidence into the file and use it for supporting. The case can be decided.
However, it is not considered testimony attesting documents or objects.
1. Testify that The documents, photographs, or clips are not believed to be authentic.
For example, a witness testified in response to cross-examination that The document is likely a fake and suspicious document. The photo is likely a doctored photo. The video clip is likely not related to the events in the case.
2. Testifies that he has never seen such documents, photographs, or objects before.
For example, a witness testified in cross-examination that he had never seen the contract that the lawyer brought in for cross-examination before. Don’t know if it’s real or not. The photograph was never seen by witnesses. I don’t know whose picture it is. The video that the lawyer had shown had never been seen before. and do not know how it is related to the case
3.Do not accept that the document has your own signature. and is not involved in any way in photographs or video clips
For example: The witness testified in answer to cross-examination that Such a contract The witness was not the person who signed the contract. Not signed as a witness The photograph was not taken by a witness. And the person or event in the witness picture is unknown and has never been seen before. The audio clip that was released did not belong to the witness. Evidence of conversations through the LINE or Facebook Messenger program that was brought in for cross-examination did not belong to the witness.
In the case where the witness testifies to cross-examination in such manner. It is considered that the witness did not certify the evidence as presented by the lawyer in cross-examination. Therefore, the court has no right to accept such evidence into the file. If the court accidentally accepts the document, the court will not be able to listen to such evidence in making a decision on the case.
Summary
If we are cross-examined You must try to bring documentary evidence or physical evidence to cross-examine the witness so that the witness can certify it. and request to be cited and submitted to the petition If the judge doesn’t accept it, he must explain.
If it is the party who claims a witness to investigate You have to watch and see that. When opposing counsel questioned our witnesses Have our witnesses testified? If the witness does not certify The court has no right to accept the case.
If the opponent tries to request a quote, send it into the expression. We must oppose the court’s acceptance. If the court still refuses to accept We must make a statement of objection.
If we don’t object at the right time Sometimes evidence we should be able to submit. It was not sent into the rhetoric. Or sometimes evidence that should not enter the document will enter the document. So, as we understand the legalities regarding this matter clearly, it will be very useful in our work.
Hope this article will be useful to fellow lawyers and those interested in general. If you like it, please press share and comment to encourage me to continue publishing techniques like this. Thank you very much.
