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EmailThailand Judicial Assistance
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.
PROVISO: This flyer seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this flyer to take a position on any aspect of any pending litigation.
GENERAL: Thailand is not a party to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters. Service of process in Thailand can be accomplished by a variety of methods. If eventual enforcement of a U.S. judgment in Thailand is anticipated, consult foreign legal counsel regarding the appropriate method of service to follow. See our general flyer, Service of Process Abroad .
Service by international registered mail , return receipt requested;
Personal service by an agent , generally a Thai attorney. Lists of Thai attorneys are available from the Department of State, Office of American Citizens Services and directly from the U.S. Embassy or Consulate in Thailand. Proof of service would be in the form of an affidavit executed before a U.S. consular officer service. There is a $55.00 fee for the U.S. consular notarial service.
Service by Publication ;
Service Pursuant to a Letter Rogatory : The use of letters rogatory to effect service of process in Thailand is not common practice, and is not generally encouraged since it can take more than a year to accomplish and local Thai authorities may be unfamiliar with the procedure and therefore reluctant to execute such a request. It may be useful to consult foreign legal counsel before proceeding with this time consuming procedure. See our general flyer, Preparation of Letters Rogatory for details.
APPLICABLE TREATIES: Thailand is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. There is no bilateral consular convention in force between the U.S. and Thailand, moreover, Thailand is not a party to the Vienna Convention on Consular Relations. Judicial assistance is provided on the basis of comity. There is in force a Mutual Legal Assistance Treaty in Criminal Matters applicable to requests from U.S. prosecutors (see Criminal Matters below).
VOLUNTARY DEPOSITIONS: Depositions of willing witnesses may be conducted in Thailand regardless of the nationality of the witness. The procedure does not vary in civil, administrative or criminal cases. Depositions may take place on U.S. consular premises or at other locations such as offices or hotels . Telephone depositions are permitted. The witnesses may refuse to take an oath or refrain from answering any or all questions. No compulsory measure, either direct or indirect is allowed. In Thailand, most voluntary depositions take place outside of the U.S. Embassy with no U.S. consular involvement. Such depositions may be taken on notice or pursuant to a commission (22 U.S.C. 4215; 4221; 18 U.S.C., Appendix, Rules of Criminal Procedure, Rules 15 and 17; 28 U.S.C., Appendix, Rules of Civil Procedure, Rules 28-31; 22 CFR 92.55 - 92.66 (general authority). Consult the Embassy of Thailand in the United States about Thai Customs regulations pertaining to bringing electronic video or audio recording equipment into the country. The Thai Embassy is located at 1024 Wisconsin Avenue, N.W., Washington, D.C. 20007, tel. (202) 944-3600. There are also Thai consulates in Chicago, Los Angeles, and New York City.
CONSULAR SERVICES: If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, such arrangements must be made in advance with the U.S. embassy or consulate directly. When a deposition takes place at a U.S. embassy or consulate, based on stipulation between the parties, the consular officer usually administers the oaths to the witness(es), interpreter and stenographer and withdraws, subject to recall. Contact the U.S. embassy or consulate in Thailand to schedule oral depositions or depositions on written questions of willing witnesses on U.S. consular premises, to arrange the participation of a consular officer to administer oaths off-site, or to obtain information about court reporters, stenographers or interpreters. Consult our general flyer, Obtaining Evidence Abroad for detailed guidance on arranging voluntary depositions abroad.
HOST COUNTRY CLEARANCE - PARTICIPATION OF LOCAL, STATE OR FEDERAL GOVERNMENT OFFICIALS FROM THE UNITED STATES: If a local, state, or federal government official from the United States intends to participate in the voluntary deposition of a willing witness in Thailand, formal host country clearance is required. This can be obtained by contacting the Office of American Citizens Services. The request should be made at least ten days prior to the taking of the deposition to allow sufficient time for Thai authorities to make a determination about the official travel.
COMPULSION OF TESTIMONY, DOCUMENTARY OR PHYSICAL EVIDENCE: If compulsion of evidence is required letters rogatory transmitted through the diplomatic and consular channel may be used. A letter rogatory is a request from a court in the U.S. addressed "to the Appropriate Judicial Authority". See our general flyer, Preparation of Letters Rogatory . Evidence is obtained in accordance with the rules of the foreign court. In most cases an American attorney will not be permitted to participate in such a proceeding. Occasionally local Thai counsel may be permitted to attend such a proceeding and even to put forth additional questions to the witness. Not all foreign countries utilize the services of court reporters or routinely provide verbatim transcripts. Sometimes the presiding judge will dictate his recollection of the witness''s responses to his secretary. Generally letters rogatory worldwide, including those sent to the United States, take from six months to a year or longer to execute.
TRANSLATIONS: No translations of documents are required if the letter of request and accompanying documents are written in English.
AUTHENTICATIONS: Only the seal of the court and the signature of the judge are required. No further authentication is required.
REQUESTS FROM STATE OR FEDERAL GOVERNMENT OFFICIALS: If the letter rogatory is being transmitted at the request of a state or federal official no consular fee will be charged. However, local authorities in the foreign country may impose fees of their own which must be paid by the state or federal authority in the United States requesting the judicial assistance. You will be contacted if a federal appropriation number and fund code or remittance of monies to the Department of State are necessary.
CRIMINAL MATTERS: U.S. - Thailand Treaty on Mutual Assistance in Criminal Matters, with Understandings, Senate Treaty Doc. 100-17, 100th Cong., 2d, ratified October 24, 1989, which entered into force June 10, 1993. Mutual Legal Assistance in Criminal Matters Treaties (MLATs) are relatively recent development. They seek to improve the effectiveness of judicial assistance and to regularize and facilitate its procedures. Each country designates a central authority, generally the two Justice Departments, for direct communication. The treaties include the power to summon witnesses, to compel the production of documents and other real evidence, to issue search warrants, and to serve process. Generally, the remedies offered by the treaties are only available to the prosecutors. The defense must usually proceed with the methods of obtaining evidence in criminal matters under the laws of the host country which usually involve letters rogatory. See our information regarding the Preparation of Letters Rogatory . For specific information about MLATs , contact the United States Central Authority for the MLAT treaties, the Office of International Affairs, Criminal Division, Department of Justice, Washington, D.C. 20530, tel: (202) 514-0015 or the Office of the Legal Adviser, Department of State, Law Enforcement and Intelligence (L/LEI), Washington, D.C. 20520, tel: (202) 647-5111.
OTHER TREATIES: There is a bilateral treaty on Extradition in force between the United States and Thailand, 11 Bevans 1008, 43 Stat. 1749 (1924) and Treaty relating to extradition signed at Washington December 14, 1983, entered into force May 17, 1991. There is a treaty on transfer of prisoners "Treaty on Cooperation in Execution of Penal Sentences" signed at Bangkok October 29, 1982, entered into force December 7, 1988.
U.S. EMBASSY/CONSULATES IN THAILAND:
U.S. Embassy
ATTN: Consular Section
American Citizen Services
95 Wireless Rd.
Bangkok, Thailand
tel: 011-66-2-205-4000; fax: 011-66-2-205-4103
Internet home page: http://www.usa.or.th/embassy/consul.htm
U.S. Consulate General
ATTN: Consular Section
American Citizen Services
Vidhayanond Rd, Box C
Chiang Mai, Thailand
tel: 011-66-53-252-629 fax: 011-66-53-252-633
ADDITIONAL INFORMATION: The Office of American Citizens Services has available general information flyers on international judicial assistance. These topics include:
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Using the Internet: Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home page under Judicial Assistance . See also the Department of State, Office of the Legal Adviser for Private International Law home page .
TREATY DATABASES ON THE INTERNET:
United States Department of State, Office of the Legal Adviser, Treaty Affairs, List of Treaties and Other International Agreements of the United States In Force: http://www.state.gov/www/global/legal_affairs/tifindex.html
United Nations (UN): Databases/Treaties
Council of Europe (COE) under Texts/TreatiesOrganization of American States (OAS): under Documents/Treaties and Conventions.
QUESTIONS : Should you have further questions about the procedures not addressed in this material, please contact the Office of American Citizens Services, East Asia and Pacific Division, Department of State, 2201 C Street, N.W., Room 4817, Washington, D.C. 20520, tel: 202-647-6769; or 202-647-5226; fax: 202-647-2835.
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