The Regulation of President of the Supreme Court on the Electronic Procedures B.E. 2563 (the “Regulation”) was published in the Royal Gazette on 30 September 2020 and has recently become enforced. The Regulation provides principles in regard to the court proceedings via electronic means (e.g. preparing documents for cases in an electronic data form, processing the court hearings and giving testimony via electronic procedures, and submitting evidence in an electronic data form).
Summary of key provisions of the Regulation is as follows:
- As the court thinks fit or upon the request of any party, the court may designate the proceedings via electronic means under this Regulation.
- In case of filing, sending, or receiving any document in an electronic data form, it may be performed by an e-mail, information technology media, or any method following the Office of Justice’s Regulation.
- Under the Regulation of the President of the Supreme Court on Submitting, Sending and Receiving Pleadings and Documents via the Electronic Filling System B.E. 2560, the court, party, or relevant person may generate any document in an electronic data form which is accessible and usable for being subsequent reference without its meaning being altered, and it shall be deemed that such information is the original one and is made in writing according to the Civil Procedure Code.
- In the case where a person affixes his or her signature in an electronic data form, it shall be deemed that such data message bears his or her signature if (1) the method used is capable of identifying the signatory and indicating the intention of the signatory about the information contained in such data message, and (2) such method is a reliable one and appropriate for the purpose for which the data message is generated or sent considering on surrounding circumstances or an agreement between the parties, or such method is capable of identifying the identity of the signatory and indicating the intention of the signatory by itself or by other evidence.
- If a summary of court proceeding in an electronic data form is made in the presence of the party or the witness, who is in or presumed to be in the courtroom, in the trial made by applying a Video Conference. When the court reads out such summary to the party or the witness and when such person has followed the rules and methods given by the Office of Justice, such person shall be presumed to recognize the summary and has affixed his or her signature in acknowledgment of reading of the same.
- The court may fix the day for a hearing and testimony by the electronic method in whole or in part.
- The submission of evidence in electronic data shall not be denied solely on the ground that it is in the form of electronic data.
- In the case where the law requires any transaction to be made in writing, to be evidenced in writing or to be supported by a document, if the information is generated in the form of a data message which is accessible, and usable for being subsequent reference without its meaning being altered, it shall be deemed that such information is made in writing, is evidence in writing or is supported by a document.
- Documentary evidence and material evidence, which a party desires to allude, shall be filed with the court in an electronic data form via an e-filling system and such documents shall be deemed as or equal to the original one. In this case, the party shall not send a hard copy to another party, unless the other party is unable to access such a data message.
- After the electronic trial is over, a judgment or order shall be given and signed by an e-signature as required by the Office of Justice. Such judgment or order shall be deemed to be in writing and signed by the judge according to the Civil Procedure Code. However, reading of the judgment or order in an electronic form shall be governed by the Civil Procedure Code except following the Office of Justice’s requirement.
Author: Panisa Suwanmatajarn and Jinnaphat Srithepthamrong