51/29-51-30 Village No. 4, Ban Suan Subdistrict, Mueang District, Chonburi Province
Orders under consideration and arguments against orders under consideration. is one of the legal matters that lawyers must use in practice on a regular basis.
The lawyer must have knowledge and understanding of the said law. To be able to fully perform duties and protect the interests of clients.
Today I will explain the law. and practical techniques that you should know To use as a manual for further work.
What is an order under consideration?
Legal text
Civil Procedure Code, Section 226
Before the Court of First Instance has issued a judgment or order deciding the case. If the court issues any order other than those specified in Sections 227 and 228
(1) No appeal against the order is allowed during consideration.
(2) If any party disputes any order The court shall record the objection in the report. The opposing party may appeal the order within one month from the date the court renders the judgment. or a final order to decide the case onwards.
For the benefit of this section Whether the court has already ordered to accept the complaint or not It shall be considered that any order of the court since the filing of the complaint with the court, other than those specified in Sections 227 and 228, is an order pending consideration.
Criminal Procedure Code, Section 196
An order under consideration that does not complete the case. No appeal may be filed against the order until a judgment has been made. or orders on important issues And there is also an appeal of that judgment or order.
Description
During various court proceedings in civil or criminal cases, before the court issues a judgment to decide which side will win or lose the case. The court may make various orders during the trial. Whether the order was made because the court used its own discretion in ordering or ordering according to the request of the litigant.
These orders are called “orders under consideration”
Example of orders under consideration e.g.
- An order granting or not granting exemption from court fees
- Order that the defendant missed his appointment to submit a statement
- Order not to allow withdrawal of lawsuit
- An order allowing or not allowing the submission of additional witness lists
- Instructions to allow photocopying or not to copy documents
- An order allowing or not allowing the issuance of a subpoena for material witnesses or documentary evidence
- An order granting or not granting permission to postpone the case
- An order allowing or not allowing amendments to the complaint or statement
- The order does not allow the plaintiff or the defendant to bring in witnesses for examination
- An order to act as a litigant on behalf of a deceased person
So in short, it can be said that Various orders of the court Ordered while the court accepted the plaintiff’s case for consideration. or accepted for preliminary inquiry Until before the court has a verdict Which such order does not complete the case from the court in whole or in part, it is “order under consideration”
In addition, even after the court has ruled If there is a new consideration process After that, for example, requesting a new trial. Requesting cancellation of illegal proceedings Cancellation of auction Request for property loss Property average request Partition request Request to revoke the income and expenditure account of the enforcement officer, etc.
This will require a new hearing on the petition. Before the decision on the new matter was made If the court issues any order during the hearing of the petition, it is considered to be an order during consideration as well. Because it is an order before the court has a final decision on the issue of the case.Examples of Supreme Court judgments such as 4057/2540 , K.3305/2533
Order under consideration. Can I appeal? ?
Order pending court consideration. If the court issues an order illegally Breaking from the law order without authority or in violation of the law If the parties do not agree with that order It may be possible to ask the court to order the cancellation of proceedings that are in violation of regulations. According to the Civil Procedure Code, Section 27
But if the court issues an order during consideration according to the law Just may use discretion that is not appropriate to the matter or facts If the parties do not agree with the court’s discretion. Litigants can exercise their rights to appeal such orders to allow the High Court to investigate and scrutinize them.
However, If litigants were allowed to submit appeals to every order during the trial immediately, the case would not be able to proceed with the proceedings conveniently at all.
Because when the court orders any The litigant will continue to appeal the order. This causes the case to be delayed and there is almost no chance of it moving forward. and it will be an opportunity for the litigants to delay the case easily.
For example
Plaintiff’s lawyer submits request to waive court fees. The court ordered not to grant permission if the plaintiff’s lawyer was allowed to submit You can appeal the pending order immediately. The main case may not progress.
Or when the litigant files a request for a statement of any kind. Then the court orders an order that is not in accordance with what you want and allows you to appeal immediately. For example, when you request a photocopy of a document and the court does not grant it, you can appeal immediately. Request a subpoena for personal witnesses or documentary evidence and if the court does not grant it, you can appeal immediately.
Like this, the case will never progress at all because they are only appealing orders on minor matters.
So the law Therefore, the principle was set that Prohibiting litigants from filing appeals Objecting to the order during consideration Until the court gives a verdict on the main content of the case Both in civil and criminal cases (P.C. Section 196 and P.C. Section 226)
So it can be concluded that Order under consideration Both in civil and criminal cases An appeal can be filed. But you must appeal the order. Only after the court has issued a final judgment on the contents of the case.
In which the civil case Parties can appeal the order during consideration alone. There is no need to submit an appeal against the judgment.
But in the criminal case Appeal against an order pending consideration in a criminal case There must always be an appeal against the judgment.
Order under consideration. that can be appealed immediately
As already mentioned, orders under consideration cannot be appealed immediately. But you will have to wait for the court to decide on the contents of the case before you can appeal the pending order.
But only in civil cases there are exceptions. The litigant can appeal against certain types of pending orders. That is to say,
1.An order that completes the entire case
Legal text
Civil Procedure Code Section 227 An order of the Court of First Instance not to accept or return pleadings under Section 18 or an order to make a preliminary decision under Section 24, which completes the entire case. It must not be considered an order during consideration. and must be within the regulations for appealing judgments or rulings.
Description
In the case that the order that occurs during consideration causing the case to end There are no further proceedings taking place, for example.
1.1 Order not to accept or return pleadings According to the Civil Procedure Code section 18
Pleadings means All complaints. All statements or petitions submitted to the court to establish issues between the parties (Pavip Section 1 (5)
In the event that the court orders not to accept the complaint. Not accepting counterclaims or not accepting the pleadings and all petitions that raise issues between the litigants will make the entire case complete. As such, it is not considered an order under consideration. The litigant can appeal immediately.
But the order to receive the order and accept the testimony allows the defendant to plead. Permission to amend testimony or an order in the manner of requiring the plaintiff to pay court fees in full or to amend the complaint to be correct first It is not considered an order that completes the case in any way.
Example of Supreme Court judgment ฎ.421/2518 , ฎ.2631/2521 , ฎ.9219/2547 , ฎ.421/2518 , ฎ.5882/2541 , ฎ.258/2524 ,ฎ.13302-13303/2558
In addition, if there is a request inserted into the case according to the Civil Procedure Code, Section 57, Subsection 1 or 2, in the case where a third party submits the insert request himself. Such a third party’s interpellation is a complaint and a pleading.
If the court does not allow entry into the case, it will have the effect of not accepting the pleadings. which the petitioner can appeal immediately It is not an order under consideration. Because it makes the case on the part of the petitioner complete.ฎ.1226/2510 , ฎ.5018/2555
But in the case where a party in the case, such as the plaintiff or defendant, has filed a request to summon a third party into the case according to the Civil Procedure Code, Section 57, Subsection 3
Request to summon a third party to the case. It is not considered a partnership. It’s just a request. Therefore, if the court orders to dismiss the petition It is not considered an order not to accept the pleadings. The litigant cannot appeal immediately. ฎ.1382/2546 , ฎ.7341/2548 , ฎ.1474-1476/2558
1.2 Preliminary decision order according to section of the Civil Procedure Code 24
Requesting a preliminary decision from the court according to Section 24 of the Civil Procedure Code is asking the court to issue an order. Let your own side win the case without further examination of witnesses. If the court sees fit to accept the request for a subject that lacks legal issues, the court will be able to order us to win the case. This type of order is not an order under consideration. Because the case is completed from the court without any further proceedings.
But only as a type of preliminary decision order. that is a benefit to the requester Only if the requesting party wins the case without having to examine any witnesses will it be possible to appeal to the Supreme Court. If it is an order to dismiss the petition or to wait for the judgment to be made, this is not considered an order. That completes the entire case.
ฎ.1286/2513 , ฎ.946/2536 , ฎ.2158/2537 , ฎ.2012/2542 , ฎ.1420/2543
This type of order completes the entire case. The case ended without any further proceedings. And the court no longer needs to make a judgment because the case is already completed.
Therefore, this type of order is not considered an order under consideration by nature. and the parties can immediately appeal to the Supreme Court to oppose the said order.
2.Special pending order
Legal text
Civil Procedure Code Section 228
Before the court decides on the case. If the court orders one of the following:
(1) Detain or fine or imprison anyone according to this Code
(2) Issue an order relating to a request to protect the interests of the litigant during the consideration. or there is an order related to the request to continue the execution of the judgment, or
(3) Not accepting or returning pleadings according to Section 18 or making a preliminary decision according to Section 24, which does not complete the entire matter of the case. If only some issues are completed.
Command like this The litigant may appeal within one month. From the day the order is issued onwards.
Although there is an appeal pending consideration. Let the court proceed with the case. and there is a judgment or decisive order deciding that case But if during consideration A litigant may appeal an order of the type specified in subsection (3) if the Court of Appeal is of the opinion that: Reversing or amending an order that the litigant appealed It will be the decisive decision of the case. or decide on any issue that the lower court has not decided. The Court of Appeal shall have the power to order the lower court to suspend consideration during the appeal. or suspend the decision of the case until the Court of Appeal has made a decision on the appeal.
If the party does not appeal the order during the consideration as provided in this section An appeal can be made after the court has adjudicated the case according to Section 223.
Description
Some types of orders that occur during consideration Even though it doesn’t make the entire case complete. And the court must continue the remaining proceedings and render a verdict later.
But the law aims that Such an order may have serious consequences for the litigants. Difficult to remedy later or may affect the entire later proceedings of the case.
For example, an order to detain or imprison any person which, if released too late, may cause great damage to that person. Order to impose imprisonment or confinement of the defendant for contempt of court K.2083/2543
Order regarding request for temporary protection during consideration. or an order regarding a request to enforce a judgment that if left too late will cause damage to all litigants Because additional damage may occur during that time. 1106/2530
Or an order not to accept or return the pleadings or the preliminary lack of professional practice according to Civil Procedure Section 24, which even though it does not complete the entire matter of the case But it may cause the setting of the issue or matter to be completely wrong, which may affect the entire case. For example, an order does not allow amendment of the complaint or testimonyTherefore, the law provides the opportunity for litigants to appeal orders pending such consideration immediately. without having to wait for the court to decide later ฎ.1488/2529 ,ฎ.1936/2530 ,ฎ.9117/2538 , ฎ.1012-1013/2505 ,ฎ.806/2554
In civil cases, there are two types of such orders according to the Civil Procedure Code. Sections 227-228 are considered special exceptions. That allows parties to appeal immediately within 1 month from the court’s order. According to the Civil Procedure Code section 223Without having to wait for the Court of First Instance to issue a judgment before filing an appeal. Same as a normal pending command.
But such exceptions It is a special exception only in civil cases. and cannot be used in criminal cases.
Because of the criminal case It is considered an absolute prohibition that the litigant cannot object to an order during consideration that does not complete the case in all cases.
This The reasons why criminal cases must be strictly prohibited This is because criminal cases must focus on speedy proceedings. Because the defendant’s freedom is at stake during the consideration.
If an appeal of the order is allowed during consideration. Defendants may have to be held in jail for longer than before. Therefore, in a criminal case, it is not possible to appeal the pending order at all.
However, in the case of the request to become a joint plaintiff of the injured party If the court rejects the request to become a joint plaintiff of the injured party. The Supreme Court interpreted it as follows: It is an order that removes the victim’s case from the court. allowing victims to appealฎ.892/2516 , ฎ.3935/2529
And Professor Thanin Kesawapitak commented that If the injured person is not allowed to appeal the order as a joint plaintiff Victims will lose many rights. Because when the court has given its judgment Victims who are not joint plaintiffs do not have the right to file an appeal. In addition, victims will not have the right to present their own evidence.
What is a dispute against an order under consideration?
Legal matters
Civil Procedure Code, Section 26
If the court has raised a question, or issue an order or decision regarding a matter of litigation and any party to the matter objects to the question or order. or that the award is unlawful Before the court proceeds with the case The court shall record the question or order or award that is challenged and the nature of the objection in the report. or require the opposing party to submit a written statement for inclusion in the filing.
Description
In that civil case If the party wishes to appeal against the order during consideration The litigant must first make a “dispute against the order under consideration”
You must notify the court that you do not agree with the order during the court’s consideration. The litigant will then have the right to file an appeal against the said order when the court has issued a judgment.
If the litigant has not challenged the order during consideration in the civil case Even though such an order is illegal, how is it? The litigant no longer has the right to appeal against the said order.
The reason why the law lays down the principle that an order must be challenged during consideration before having the right to appeal is This is so that there are no appeals on every minor issue when there is an appeal of the judgment. And not raising an objection from the beginning in a civil case is considered acceptance.
So in a civil case If any party disagrees with the court’s order and considers it an important issue. The objection must be raised in order to have the right to appeal. If there is no objection How would such an order be an abuse of discretion? How inappropriate? There is no right to appeal the Supreme Court. ฎ.1226/2510 , ฎ.50/2520 , ฎ.959/2520 ,
But in the criminal case The law does not establish the same principle as in a civil case that the litigant must first challenge the order during consideration. Therefore, you will have the right to file an appeal against the order under consideration.
Therefore, in a criminal case, the litigant does not need to challenge the order pending consideration. You have the right to file an appeal against the order under consideration.ฎ.124/2528 , ฎ.974/2534 , ฎ.145/2536 , ฎ.532/2548
Only parties who wish to appeal an order during consideration in a criminal case. An appeal against the judgment must be filed at the same time (Pavior. Section 196)
But there is no harm in submitting an argument and may be beneficial, making it possible for the court to consider reversing or amending its own order.
Summary Disputing an order under consideration is
The litigant expressing disagreement or opposition. Judgment or order of the court of first instance that is incorrect and he wishes to appeal against the said judgment when the court gives a further judgment. TTo give litigants the right to file an appeal against the said order when the court has ruled.
How many methods can you use to challenge an order during consideration?
Disputing an order under consideration may be done in two ways:
1.Oral statement of objection immediately after the court orders
This usually applies to cases where the court makes an order when we are in person in court. Or when the court is sitting on the bench.
For example, we submitted a request to postpone the case but the court did not allow it. We will state our objection and the court will note it in the report of the proceedings that we are arguing against.
Normally, it is the discretion of the court whether to record arguments or not. Some courts prefer to say that it should be made into a separate counter-claim. But some people record their objections in the report of the proceedings.
Most of the time, the court It is often preferred that the litigant make a statement of argument at once. And another thing to be careful about is that even though we have already verbally challenged the court order, But if the court does not record the objection, We will not be able to exercise our right to appeal to the Supreme Court because there is no evidence of such objection ( ก.959/2520 , K.1488/2525 )
2.Making a petition challenging a court order
This is the more commonly used case. That is, when the court issues any order, whether it is an order in front of the bench. or it is a petition order that was submitted without consideration.
In this case, there is no opportunity for the court to record objections in the report of proceedings because there is no process for consideration.
In such a case, we will have to submit a request to challenge the order under consideration. By clarifying that we do not agree with the court order. Why?
And inform that we intend to file an appeal against the said court order when the court renders its decision
When must you contest an order during consideration?
Disputing the order during that consideration. The law does not lay down a basis for filing within a specified period of time.
Basically, the submission can be submitted at any time but must Filed after the court has issued an order and before the court of first instance has issued a judgment. If the Court of First Instance has issued a judgment, it will not be possible to submit objections later.
However, filing an objection before the court issues an order is not considered an objection to the order under consideration.
Therefore, submitting various objections before the court issues an order is not considered an objection to the order under consideration at all. It is only a statement of opposition. To support the exercise of the court’s discretion before issuing an order only.
If the court orders, what will it be? will have to argue against one more time It cannot be considered that an objection before the court issues an order is an objection to an order during consideration. This is according to the meaning of the Supreme Court judgment, such as ก.819/2501 , K.1730/2515 , K.2347/2531
However, there will sometimes be cases. The court issued an order during consideration and a judgment followed immediately. There was no time for us to raise objections or make objections.
In such cases, we can appeal the judgment without having to raise any objections. Because it is considered that the court did not have sufficient time for us to reasonably present our objections. ฎ.1337/2500
In addition, if we did not dispute the order under consideration from the beginning and agree to comply with orders during such consideration and later came to argue against It may cause you to have less weight. and may not be considered raised as an objection later
Therefore, submitting a challenge to the order during consideration. When the court orders anything, we don’t agree with it. You should file a dispute as soon as possible. and should not proceed with any proceedings in such a way as to accept or comply with such orders. Before there is an argument.
If we raise a dispute quickly, sometimes the situation can be easily resolved. The court may issue an order canceling the illegal proceedings at one time.
Summary Filing means that it must be filed after the court orders. and before the court issues a verdict on the content of the matter of the case and should not proceed with any proceedings in the direction of accepting or complying with orders Before there is a dispute against the pending order.
Principles of making Petition to challenge the order under consideration
Making a request to challenge the order during the court’s consideration. The law does not lay down guidelines for what the content must be.
But from my experience and legal explanations from many qualified professors together with the judgment of the Supreme Court
I can summarize the method of making a request to challenge the order under consideration as follows
1.It must be clearly explained what the command we want to argue is.
The purpose of making a request to challenge the order under consideration. This is so that we have the right to file an appeal against the pending order later.
So which court order will we challenge? We must write a clear description of the command that we want to dispute.
Description of this part of the request. We should specify that In this case, what did the court order? /What/ on what date did we file the complaint?
For example
- In this case, the respected court has ordered to allow the plaintiff to be exempt from all court fees on February 1, 2022
- In this case, the honorable court has ordered not to allow the defendant to submit an additional list of witnesses in accordance with the request to submit an additional list of witnesses dated March 1, 2022, giving reasons. that the additional witnesses are not related to the case
- In this case, the honorable court dismissed the defendant’s request to subpoena document witnesses, dated January 1, 2022, on the grounds that the said document witnesses were not relevant to the case
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2. Reasons for not agreeing with the order. It can be specified or not.
When we stated in the first point that We do not agree with the order under consideration. As for the reasons why we do not agree, we may specify it in the request or we may not specify it.
Because according to the Supreme Court’s judgment. Disputing an order under consideration does not require giving reasons for disagreeing with the order of the Court of First Instance.
So we may simply state that The petitioner does not agree with the order of the Court of First Instance and therefore wishes to object in order to exercise his right to appeal to the Supreme Court. It can be done.
This is according to the example of the Supreme Court judgment, such as ฎ.1532/2525 , ฎ.2802/2519 , ฎ.235-241/2517 , ฎ.1730/2515 , ฎ.4581/2548 , ฎ.4581/2548
However, for me, I see that The reasons for disagreeing with the order of the court of first instance should be specified.
Because it will have many benefits. Because if the same court or the new judge who sits in the case has read the content of our request which contains good reasons.
The court may agree. our reasons and had an order revoking its own order and a new order according to the case It’s possible.
For example
- The petitioner does not agree with the order of the Court of First Instance that allows the plaintiff to waive all court fees. Because in the investigation of the request to waive court fees The facts clearly show that the plaintiff still has other assets sufficient to pay the court fees without suffering.
- The petitioner does not agree with the order not allowing the defendant to submit an additional list of witnesses. Because the document evidence according to the account specifies such additional witness. It is related and is an important issue in the case. The details will appear clearly in the witness investigation.
- The petitioner does not agree with the Court of First Instance’s dismissal of the defendant’s request to subpoena documents. Because the said document is an important witness in this case that will decide the dispute in the case in a fair manner. And the defendant has no way to bring such documents to court by himself.
3.Indicate that you would like to appeal against the said order. When the court delivers its next verdict
When we describe the statement we want to argue against. and reasons for disagreement In the last step, we must describe that Based on all the above reasons, we wish to challenge the said pending order of the Court of First Instance. To continue using the right to appeal to the Supreme Court.
For example
For such a common reason, I respectfully asked the court to study. The defendant therefore wishes to challenge the order during the said consideration. To exercise the right to file an appeal to the Supreme Court later when the Court of First Instance has issued a judgment.
4. Must write politely. Don’t be emotional. or contempt of court
Of course, with the content of the request to challenge the order under consideration. It is when we argue or disagree with various orders of the court. Therefore, the writing must be descriptive and point out that The order of the Court of First Instance is not legal. Or do you not like the facts? What are the discrepancies?
However, we should be aware that Shouldn’t be emotional or use harsh words in writing a petition to challenge the order under consideration. Because in addition to not having any benefit It may also cause the Supreme Court to look at us in a bad light. Or it may make us guilty of contempt of court.
Arguments should be done politely, with reason, and with gentleness like an intellectual.
Example of request to challenge an order under consideration
First example
In this case, during the examination of witnesses, I claimed to submit several documents and evidence. But it appears that the Court of First Instance did not accept the amount, claiming that it was not relevant to the issue of the case. Therefore, I filed a counterclaim against the objection along with citing the said documents at the end of the petition.
No. 1. In this case, the respected court has set an appointment to hear and will render a judgment on October 26, 2016
No. 2. Because on the appointed day for the defendant’s witness examination on October 7, 2016 at 9:00 a.m., Ms………the defendant referred to himself as a witness. and testified that he submitted many documents related to this case and submitted a list of witnesses to the court, but it appeared that the respected court saw that the said documents were not related to the issues of the case and therefore did not include them in the file.
These documents include
1Copy of land title deed number 9, Nong Ri Subdistrict, Mueang District, Chonburi Province
2.Land survey list, title deed number 9, Nong Ri Subdistrict, Mueang District, Chonburi Province
3.Notification regarding observing boundary lines and signing to certify land boundaries, dated December 13, 1976
4. Name and address of the owner of the adjacent plot of land, title deed number 9, Nong Ri Subdistrict, Mueang District, Chonburi Province
5.Land survey report dated 25 April 2012
Details according to the documents attached to this request
No. 3. The applicant informs the respected court that the said document is an important witness in this case and is relevant to the issue of dispute. Therefore, I would like to submit this petition in order to challenge the order of the Court of First Instance and to exercise my right to appeal further.
You should or shouldn’t, it’s up to you.
Second example
It is a land dispute case. I filed a request to survey the area to map the disputed area, but the court dismissed the request. Therefore, I filed a request to challenge the order pending the court’s consideration.
No. 1. In this case, the court of honor will first schedule an examination of the plaintiff and defendant’s witnesses on April 27-28, 2022.
No. 2. Because the plaintiff’s lawyer filed a petition requesting the court to order a survey of the disputed mapping area with the court on September 14, 2021, the court issued an order dismissing the petition. This is due to the reason that this case does not have an issue regarding the breadth and length of the dispute. Therefore, there is no reason to ask the court to order the preparation of the disputed map as requested by the plaintiff.
No. 3. With respect to the order of the Court of First Instance. Because the said order is a pending order and the plaintiff’s lawyer cannot agree with the said order. Because of this case, it is necessary to consider that How wide and long are the disputed roads and public roads? This is an important issue in the case.
So The plaintiff’s lawyer therefore wishes to challenge the order that does not allow surveyors to map the disputed map in order to exercise their right to appeal later when the Court of First Instance has given its judgment.
Should or should not be preferred
Third example
Request to revoke the illegal proceedings. and the request to challenge the order under consideration together with the same request.
In this case, I sent a lawyer’s clerk to postpone the case. Then it appeared that the court did not order my request to postpone the case, but instead made two points and set a date for witness examination behind my back.
Sh 1. In this case, the court scheduled mediation and determination at two locations yesterday, on October 18, 2021. The defendant’s lawyer asked to postpone the case because the matter was pending in another court. The details appear in response to the defendant’s lawyer’s request to postpone the case.
It appears that the court did not allow the defendant to postpone the case. He reasoned that because today was only a mediation day, the two venues would not allow the case to be postponed. and pointed out two secret locations of the defendant and the defendant’s lawyer Including determining various dispute issues. without the defendant and the defendant’s lawyer participating.
Item 2. The defendant would like to clarify that yesterday’s proceedings, October 18, 2021, were proceedings that violated the following regulations.
2.1 This case is a family case with a dispute. Therefore, before starting consideration, the court must appoint a family mediator to mediate for the parties in the family case and reach a compromise. Before proceeding with the consideration process and examining witnesses According to the rules and procedures and according to the regulations of the President of the Supreme Court according to the Juvenile and Family Court Establishment Act, Section 148, but it appears that in this case the court pointed out two points and set a date for the examination of witnesses without appointing a mediator and allowing both sides to negotiate. Let’s agree first. Therefore, it is an illegal proceeding.
In the past, in family disputes in a manner like this The court has set two dates and will examine witnesses without specifying that a family mediator will be appointed to mediate first. The defendant understood that many of those cases had been overturned by the High Court to proceed according to law. because it is an illegal proceeding which appears in various documents in this Juvenile and Family Court case.
Especially this case. It is a family case with minors involved. The defendant intended to provide appropriate support and care to the minor child. The court has determined to examine witnesses to fight the case. without allowing both parties to negotiate and mediate with each other first It would not be in the best interest of the minor.
2.2.The fact that this appointment is a mediation appointment and an appointment to point out two places. It is considered an important legal meeting in which the defendant and the defendant’s lawyer should have the right to argue or use the right to explain the facts of their own side in determining two points.
This court does not allow the case to be postponed. Giving the reason only because it was just a mediation appointment or pointing out two places. Whether it is mediation or pointing out two places, it is an important appointment. that the defendant should have a defense lawyer come in to give advice and conduct the proceedings The said order is therefore an order not allowing the case to be postponed without It is against the principles of the Civil Procedure Code, Section 40.
2.3 Identifying two secret locations of the defendant and the defendant’s lawyer. The defense sent only a lawyer’s clerk. Came in to request an adjournment of the case without giving authority to point out two places. It is an order and a proceeding. That is unlawful according to the Civil Procedure Code, Section 183, because in pointing out the two points, all parties must come to court. And the court must ask all parties about various claims and arguments. As specified in the law.
The court points out two places, with only the plaintiff and the plaintiff’s lawyer alone. This puts the defendant at a great disadvantage and is an unlawful proceeding. which makes pointing out the two places above illegal as well.
No. 3. For the reason that the defendant’s lawyer respectfully asked the court to respect him. Therefore, we request the respected court to please order the cancellation of the proceedings which are illegal, from not allowing the defendant’s lawyer to postpone the case, pointing out two locations that are not legal, and setting an appointment date for witness examination that is not legal.
And if the court does not allow the cancellation of the illegal proceedings, then this request should be treated as an argument against the order pending consideration so that the defendant’s lawyer will continue to exercise the right to appeal to the Supreme Court.
And if the court has any judgment The lawyer has exercised the right to appeal the judgment and the order pending further consideration.
Should or should not be preferred
Reference textbook for writing articles / for additional research
This article has been distilled from my work experience. together with textbooks from many qualified teachers According to the list below Those interested can study and research further.
- Explanation of Civil Procedure Law, Part 3, Pitikul Jira-mongkolphanit
- Explanation of the Civil Procedure Code, Part 3, Appeal, Supreme Court Udom Fueangfung
- Explanation of Civil Procedure Law, Part 3, Supreme Court Appeal, Special Professor Pairoj Wayuparp
- Explanation of civil procedure law. 1Associate Professor Vinai Excellent
- Explanation of the Civil Procedure Code, Mr. Thanin Kraiwichian
- Explanation of the Civil Procedure Code. Associate Professor Chakkraphong Lek Sakulchai
- Explanation of Civil Procedure Law, Part 1, General Chapter, Special Professor Pairoj Wayuparb
- Explanation of the Civil Procedure Code, Part 1, Section 1, Udom Fueangfung
- Civil Procedure Law regarding Supreme Court Appeals Charan Phakdeethanakul
- Explanation of the Civil Procedure Code, Part 3, appeals and appeals. Special Professor Atthanithi Ditthamnat
- Explanation of the Criminal Procedure Code, Picture 3-4, Special Professor Thanit Kesawapitak
Finally, I hope that Explanation of the law arising from actual work experience and emphasizes for practical application and is a manual for operations like this It will be beneficial to readers.
