Having said that, when can we start requesting a subpoena for documents or material witnesses? It must depend on What is our position in this case? And what process is the said case in?

They can be divided as follows:

Civil cases

In the case where we are the plaintiff

If it is a civil case in which we are the plaintiff. We can request a subpoena for documents or material witnesses. Right from the start of filing the lawsuit. It can be attached to the complaint at the same time.

Usually in a civil case, once the lawsuit has been filed The court will make an appointment for mediation/pointing out two places/examining witnesses on the same day. In which we can request the court to issue a subpoena for documents or material witnesses. and the person who receives the summons can submit documents or material witnesses on that date.

In which case, in some cases, it is extremely necessary to request a subpoena for documents or material witnesses quickly. as well as request a subpoena for audio clips or video clips from third parties which if it is too late Such audio or video clips may no longer be stored. or lost.

In the case where we are the defendant

For civil cases in which we are the defendant. If we have not yet filed an affidavit We still cannot request a subpoena for documents or material witnesses. Because in order to request a subpoena for documents or material witnesses There must be a legal defense issue first.

So in a civil case we are the defendant. We can request a subpoena for documents or material witnesses. Only when we submit a statement of defense.

Criminal case

In the case where we are the plaintiff who filed the lawsuit ourselves

In a criminal case where we are the plaintiff. It’s like a civil case. We can request a subpoena for documents or material witnesses at the same time as filing a lawsuit.

In a criminal case, when we have filed a lawsuit The court will set a date for the preliminary hearing on the same day. and we can ask the relevant people You can send document witnesses or material witnesses within the appointed day for the preliminary hearing.

In the case where we are the joint plaintiff

In criminal cases where we are the plaintiff together with the prosecutor. We have the right to request a subpoena for documents or material witnesses. Only when we have submitted a request to be a joint plaintiff and the court has granted permission.

Because if the court still doesn’t allow us to join as plaintiffs along with the prosecutor. We are still not considered a party in the case. Therefore, we do not yet have the right to request a subpoena for documents or material witnesses.

In the case where we are the defendant who is being sued by the injured party himself

In the case where we are the defendant in a case where the people are the plaintiffs themselves. The victims filed their own cases directly without going through the investigation and prosecution process of the prosecutor.

In such a case, there must be a preliminary inquiry first. And as long as the court has not yet issued an order to accept the lawsuit, we are still not considered the defendant (Pavior. 165, last paragraph).

Section 1652, last paragraph
In the case the people were the plaintiffs. The court has the power to investigate the cause of action behind the defendant’s back. The court shall send a copy of the complaint to each defendant individually. and notify the defendant of the date of the hearing. The defendant will come to listen to the preliminary hearing. By appointing a lawyer to cross-examine the prosecution’s witnesses or not. or the defendant will not come But you can appoint a lawyer to cross-examine the prosecution’s witnesses. The court is prohibited from questioning the defendant’s testimony. And before the court enters the case, the defendant is not considered to be in such a position.

When we are not yet considered the defendant. Therefore, we still do not have the right to request a subpoena for documents or material witnesses. to help fight the case in any way.
So in the case where we were sued as the defendant, The victim filed the lawsuit directly. Therefore, we still do not have the right to request a subpoena for documents or material witnesses until the court has issued an order to accept the case.

And later, if the court has issued an order accepting the lawsuit and a date has been set for the examination of evidence. We and our lawyers will then have the right to submit a request to subpoena documents or material witnesses to be submitted at the evidence examination stage.

However, although we do not have the right to request a subpoena for documents or physical witnesses at the preliminary inquiry stage. But we still have the right under the Criminal Procedure Code, Section 165/2, to request the court to order documents or objects to support the preliminary investigation.

Which I have explained in detail in the article below.

“ คำแถลงชี้แจงข้อเท็จจริงและข้อกฎหมายอันสำคัญที่ศาลควรสั่งว่าคดีไม่มีมูล “ ตามประมวลกฎหมายวิธีพิจารณาอาญา165/2 รวม 5 เทคนิคเคล็ดลับในการจัดทำพร้อมตัวอย่างจากประสบการณ์จริง

In the case where we are the defendant and the prosecutor files charges

As for the criminal cases in which we were filed by the prosecutor as the plaintiff. In this case, we will be considered as parties to the case as soon as the prosecutor files the lawsuit.

Usually after a lawsuit is filed, the court will set an appointment date for examining evidence. In which we can request a subpoena for documents or material witnesses to be submitted immediately to the evidence examination stage.

Document witnesses -What witnesses can be subpoenaed?

What are the documents or material witnesses? Can we ask the court to issue a summons from the owner to be submitted as evidence in court?

I must say that The power to issue a subpoena for documents or material witnesses of the court. The law lays down very broad principles.

So then Almost every kind of document or material witness. related to dispute issues and be able to prove what the facts of the case are and what the main points of the case are The court has the power to issue all summonses.

Whether it is a document witness or an object witness Will be in the possession of private entities such as hotels, resorts, schools, temples, private companies, hospitals, post offices. Private transport

Or the documents or material witnesses will be in the possession of government agencies or state enterprises such as ministries, various departments, municipal administrative organizations, police stations, district offices. Military camp

or even in the possession of the opposing party. or our parties You can request the court to issue a summons for all of them.

Legal text

Civil Procedure Code Section 123

If the original document which one party relies on as evidence is in thePossession of the other party The claiming party will submit a request in the form of a petition to the court requesting an order.The other party may send the original document instead of having to send a copy of the document. If the court finds that style=”font-weight: 400;”>That document is important evidence. And the request was heard. Let the court issue an order for the other party to file.The original documents are submitted to the court within a reasonable time as determined by the court. If the other party has style=”font-weight: 400;”>Original document in possession does not comply with such order. Consider the fact of the claim thatThe requester must attest to that document. The other party has accepted it.If the original document is in the possession of a third party or within the possession ofGovernment or of an official to whom the claiming party cannot directly request the document to be sent. BringThe provisions in the preceding paragraph regarding the request by the party claiming the document and the court’s order.Mandatory mutatis mutandis However, the claiming party must send a court order to the person in possession of the document at least in advance.Seven days If the document is not received as scheduled When the court deems it appropriate, the court will continue to examine witnesses as required. style=”font-weight: 400;”>Provided in Section 93 (2)

Criminal Procedure CodeSection 239

Which document is claimed by a litigant but is not within his reliance? If the litigant notifies style=”font-weight: 400;”>Characteristics and address of documents submitted to the court. Let the court summon the person who holds the document to bring it to the court.Section 173/1 in order for the consideration to be expedited. Continuously and fairly style=”font-weight: 400;”>In cases where the defendant does not answer or denies When one of the litigants requests or the court deems appropriate.The court may set a date for examining evidence before the scheduled date for examining evidence. By informing the parties.Not less than fourteen days in advanceNot less than seven days before the date of examination of evidence under paragraph one. Have the litigant submit a list of witnesses.Court with a sufficient number of copies. for the other party to receive from the court official And if any litigantThere is an intention to submit a list of additional witnesses. Submit it to the court before the examination of evidence is complete.Submission of additional list of witnesses after the period under paragraph two has elapsed may be done only upon receipt.Permission from the court When the requester shows reasonable cause that he is unable to know the evidence or is the case.Necessary in the interests of justice or to give the defendant an opportunity to fight the case fully.

If any document or material evidence is in the possession of a third party Let the litigantWant to refer to request the court to order the summons of documents or material witnesses from the possessor by submittingRequest to the court along with submission of witness list In order to obtain the document or material evidence before the examination date.Evidence or date specified by the court

Examples of documentary evidence that can request the court to issue a summons For example,

1.Contract legal act

2.Meeting report

3.Record entering and exiting various places

4.Bank statement or statement

5.Evidence of requesting an ID card or requesting various government documents. or contact about various government agencies that have signed documents.

6.Evidence of conversation via line facebook email

7.Daily records received as evidence or daily records about the case

8. Various documents in the directory of the Land Department. or other government agencies that we are unable to request photocopying ourselves.

9.Documentary evidence in other cases that we cannot request to copy ourselves

Examples of material evidence that can request the court to issue a summons For example,

1.Video clips from CCTV cameras in various places. Whether it is a government agency or private or personal property

2.Audio clip of conversation on mobile phone

3.Photographs related to the case that we do not have in our possession or cannot obtain a copy of

4.Evidence related to the case such as weapons, knives, guns, clothing, which we cannot bring to court in person

As I mentioned above, These are just some examples of documentary evidence or physical evidence. The court has the power to issue a summons to the possessor to deliver it in court only.

In fact, in each case it may be necessary to request a subpoena for documents. or material witness Come to use in fighting different cases.

Examples of subpoenas for document witnesses – material witnesses

Examples of subpoenas for document witnesses – material witnesses

Document witnesses -What witnesses cannot be subpoenaed?

The court has broad powers to issue summonses. Except for certain documents or material evidence as will be discussed next.

Evidence that The law prohibits the issuance of subpoenas as follows.

1Witness documents or material witnesses that are government secrets as required by law

Means as a document witness or material witness. which according to law is stated to be a secret and cannot be disclosed such as certain types of personal information The case investigation report has not yet been finalized. Witness testimony in a case that has not yet been finalized The disclosure of secret government documents will have an impact on security. etc.

2Secrets that lawyers or documents that lawyers get from clients

Lawyers generally have a duty to maintain the confidentiality of their clients in providing legal advice in litigation.

Therefore, among the various documents or messages that lawyers receive from clients Therefore, it is a privilege that cannot be disclosed. If the court orders the summons of such documents or material witnesses. The lawyer in possession of the document can refuse to deliver it.

3Inventions or inventions that are protected by law from disclosure

Some invention or invention. There may be trade secrets. Intellectual property that are specifically protected by law that does not prohibit disclosure will affect rights or may be copied.

4 Document witnesses or material witnesses that are not related to the disputed issues in the case

The court will issue a subpoena to summon personal witnesses, document witnesses, or material witnesses. To be used in the trial, it must be said that the said witness Directly related to the disputed issues in the case Able to prove the truth that is an important issue in the case.

If requesting to issue a summons to summon such witnesses It is not directly related to the disputed issue in the case at all. It cannot be used to prove the truth in the case on important issues. The court will not issue a subpoena to subpoena personal witnesses or document witnesses, including material witnesses.

5 Document witnesses or material witnesses. that we can bring to court ourselves Or you can request a photocopy yourself.

In the case of documentary evidence or physical evidence which although it is an important issue in the case Can be used to prove the truth in a case. But we can make photocopies. Or you can use a copy that has been authenticated by an official. It can already be used in the case. In such a case, the court will not issue a subpoena for documents or material witnesses as well.

For example, documentary evidence or physical evidence. which is in the case of another case in which we are already a party. or documents in the Land Department or the Company Partnership Registration Office or other government agencies Only in the parts that we can already select.

Legal text

Civil Procedure Code, Section 92 If a party or any person is required to testify or present evidence of any kind and that testimony or evidence may be disclosed

(1) Official documents or messages relating to the affairs of the country. which the condition must be maintained

Keep it secret temporarily or forever. and the litigant or that person is the one who maintains it or learned by

Government positions or in any other official or semi-official duties.

(2) Any confidential document or message which he/she has been entrusted or told by

Client as a lawyer

(3) Inventions, designs, or other works which are protected by law.

Reveal
The litigant or such person likes to refuse to testify or present evidence.

Can be displayed unless permission has been obtained from the official or related person to disclose.

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Description of the request for the issuance of a subpoena for document witnesses – material witnesses

We can request the court to issue a subpoena for documents or material witnesses. In practice, we must submit a request to subpoena documents or material witnesses to the court. By making a request to subpoena documents or material witnesses to describe the contents completely as required by law.

Mainly describing the request to subpoena documents or material witnesses. There is an important principle that In the content, it must be explained to the court that Document witnesses or material witnesses who wish to request the issuance of a summons How is it important or related to the disputed issue in the case? Why is it necessary to request a summons?

The method of describing the request to issue a subpoena for physical witnesses and documentary evidence can be summarized as follows.

1. Description confirming that the document is in the possession of whose person
2. Describe the said document or material evidence. How important is it to the case?
3. Describe that we cannot bring it to court ourselves
4. Describe: Will you receive the warrant and deliver it yourself or will a court official deliver the warrant?

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Example

Request for subpoena of documents. (Bank statement)

In this case, the honorable court has kindly appointed an appointment to hear the petition on 23 May 2022

Item 2. Because of this case, the defendant has submitted an account of the defendant’s witnesses during the appeal/trial hearing. The first additional document has been submitted to the court. But the document evidence according to the said witness account, number 1 of the defendant, is a document witness that is in the possession of a third party. As a result, the defendant cannot bring the said document evidence to examine at the court’s appeal/case hearing stage. In addition, the said document is an important document in the case. It is necessary for the defendant to use it in the examination of witnesses during the inquiry into the defendant’s request for a new trial. To show that the defendant may be the one to win the case.

The said document witness is No. 1 original/certified copy. Account opening request and the account statement (statement) of the plaintiff, Bank A, Branch A, account number ——– account name Mr. A. from 2019 – until the present (which is located at Cabinet—-)

By the said document witness It is the account from which the plaintiff transferred the amount of 3,700,000 baht to the defendant, which shows that the said money is not actually the plaintiff’s money. But it is money that came from Mr. B. or an affiliate of Mr. B. and the plaintiff is only an agent or employee or nominee of Mr. B.

Item 3. For this reason, the petitioner wishes to request the respected court to please issue a statement. Order a subpoena to document witnesses According to the defendant’s witness account during the appeal/trial hearing 1st additional number 1 to Bank A, account number — account name Mr. A., located at Cabinet —

In addition, in sending a summons to summon documents or material witnesses, The petitioner wishes to request the court.

An order was given to the defendant. or the defendant’s representative is the one who delivers it himself I ask the respected court to please allow this.

                                             You should or shouldn’t, it’s up to you.

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Request for subpoena of material witnesses. (CCTV)

No. 1. In this case, the plaintiff filed a lawsuit against the defendant in court today

No. 2. Because the plaintiff has submitted a witness account to the court. But the documentary evidence according to the witness account number 8-10 of the plaintiff, that is, the original/copy of the photo or video recording. (Movie) from CCTV cameras in various areas of Mall B, which is located at — which is evidence that the defendant and the plaintiff’s husband went to buy things at the said Duhome department store together on July 7, 2022 at approximately 6:11-7:30 p.m., original /copy of image or video recording (Movie) from the temperature measuring camera of Mall B located at — on July 7, 2022 at approximately 6:11-7:30 p.m. and the original/copy of the image or video recording. (Movie) from CCTV cameras in various areas of Village C, which is located at — in the past 30 days. The said witness is evidence showing the defendant’s open adultery with the plaintiff’s husband. and is known to the general public who sees it.

There is also an urgent need to request a summons. Because such evidence is recorded images and CCTV videos. There will be a recording period of no more than 7-30 days only, provided that the said material evidence is in the possession of a third party. Therefore, the plaintiff cannot bring such material evidence to examine in the court’s consideration.

Item 3. As the petitioner submits his complaint to the respected court above. The petitioner therefore wishes to request the respected court to order a subpoena to document and material witnesses. According to the plaintiff’s witness account, numbers 8-10 go to B, which is located at — and Village C, which is located at —

In addition, in sending a subpoena to document witnesses and such material witnesses. The petitioner wishes to request the court to order the plaintiff or the plaintiff’s representative to deliver it himself. Ask the court that respects you to grant permission.

Should not As you please.

Request for subpoena of document witnesses – material witnesses Court Entry Form 1

Request for subpoena of document witnesses – material witnesses Court Entry Form 2

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Sending a subpoena to document witnesses – material witnesses

Principles of Law

Civil Procedure Code, Section 70, all complaints, summonses and other warrants, orders, court orders in cases

Required submission. The court officer shall deliver it to the litigant or relevant third party. But

(1) Subpoena for witnesses. Let the party who claims the witness send it directly. Unless the court orders otherwise.

Or the witness refuses to accept the warrant. In such a case, the court official will send it.

Explain

When the court has issued the summons as we requested. The court will then sign and stamp the court’s seal on the summons for documents or material witnesses.

After that, there must be a process to subpoena documents or material witnesses. Give to the person in possession of the document or object.

The process of sending a summons is divided into 2 methods

Get the order delivered in person

This process is normal. Normally, when we request a subpoena for document witnesses, material witnesses, or personal witnesses and the court approves our request for a subpoena, We have a duty to receive the said summons and deliver it to the witness or the person in possession of material evidence or document evidence in person.

Which practice We will take that number and send it to the person in possession of the document or physical evidence. and have him sign the summons And after that we will bring the summons receipt to report to the court.

It is normal if we want to receive the summons and deliver it ourselves. We must write it in the request for a summons. We intend to receive the summons ourselves. Normally, the court may accept the summons on the same day that we submit the request for the summons. or in cases where the court may be busy It takes about 1-2 days.

Ask the court officer to send

In the case that we attempt to subpoena documents or material witnesses. Sent to the person in possession of the said document or material witness. But the said person did not accept the summons. Or when you go and fail, you cannot find the person who is required to receive the documents according to the summons, and there is no one else to receive them on your behalf.

In such a case We can request a court official to subpoena documents or material witnesses on our behalf. or in the case where we have necessary or other inconvenient reasons that we are unable to send the summons ourselves We can request the court to order the officer to send a subpoena for witnesses on our behalf and pay a fee for delivering the subpoena according to regulations.

Example of request to have a court official send a subpoena for documents and material witnesses on your behalf

In this case, the plaintiff requested a subpoena to document witnesses, namely …………

Because the plaintiff received the summons and had delivered the summons to Mr. A., who is in possession of the aforementioned document evidence. But the said person refused to accept the warrant. And the plaintiff has no other way to proceed with sending a subpoena for document evidence.

As a result, the plaintiff has submitted his request to the respected court. The plaintiff therefore requests the honorable court to issue an order to the court officials. Proceed to send a summons to summon the said document to Mr. A. And if the court officer is unable to send it because Mr. A. not accepting the warrant or for whatever reason Please request the court to send it by means of sealing the warrant at the same time. The plaintiff has also attached the Prime Minister’s civil registration. In the interests of justice, I ask the respected court to please allow this.

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Practical techniques

In requesting a subpoena for documents and material witnesses There are practical techniques that you should know as follows.

1. Before requesting to issue a subpoena for documents or material witnesses, requesting a subpoena must submit an account. Always identify witnesses together.
2. In a request for a subpoena of document or material witness It should be said that the document or object The request to issue a summons will be according to the list of witnesses, dated in which order? To provide convenience for the substance to be examined before requesting a summons.
3. Contents of eyewitness accounts. It must be clearly stated that What is the document or object to be subpoenaed? and in whose possession To prevent confusion When the person receiving the warrant will know immediately what the correct documents or documents that we want forwarded to the court are.
4. In practice, we must print out the summons and have it signed by the court. This will allow you to receive the summons quickly. and accurate and complete according to our needs It’s better than having a court official type it for you.
5. When sending a summons to the person in possession of a document or object. Must follow up, inquire, and have the possessor of documents and objects submit a summons to the court within the time specified by law.
6. The transmission must not have time for the person in possession of the document or be known reasonably in advance. Less than 7 days to use in searching for documents and preparing.

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Finally, I hope that this article will be useful to all friends and interested parties who have legal cases. They will be able to try and apply it. Study and be a work guide To provide maximum benefit to the next case.

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