Article 75 — Service on a party's lawyer
Texte légal (original thaï)
การส่งคำคู่ความหรือเอกสารอื่นใดให้แก่ทนายความที่คู่ความตั้งแต่งให้ว่าคดี หรือให้แก่บุคคลที่ทนายความเช่นว่านั้นได้ตั้งแต่ง เพื่อกระทำกิจการอย่างใด ๆ ที่ระบุไว้ในมาตรา ๖๔ นั้น ให้ถือว่าเป็นการส่งโดยชอบด้วยกฎหมาย
traduction anglaise
The service of a pleading or any other document on a lawyer whom a party has appointed to conduct the case, or on a person whom such a lawyer has appointed to do any of the acts specified in Section 64, shall be deemed to be lawful service.
Cette traduction anglaise est fournie à titre indicatif uniquement et n'a pas encore été vérifiée de manière définitive ; référez-vous toujours à l'original thaï.
Annotation de l'entreprise
Section 75 lets service reach a party through the lawyer that party has appointed, or through a person that lawyer has in turn appointed for the delegated acts in Section 64. It is an efficiency rule: once a lawyer is on record, the court and the opponent may serve the lawyer instead of hunting for the client. The limit is that the recipient must genuinely be the appointed lawyer or an authorized delegate; service on a lawyer whose office has moved, or by improper posting at an old address, can still fail under the ordinary service rules in Sections 74 and 79. Service on counsel who is not a party in a different case does not count as service on that party.
Pourquoi cela est important en pratique
Once you appoint a lawyer, expect court documents and the opponent's filings to be served on that lawyer, and keep your lawyer's contact details and office address current on the record. If your lawyer moves, update the court promptly, because a valid service on your lawyer binds you even if you personally never see the paper. Choosing a reliable, reachable lawyer matters for exactly this reason; see our guide on choosing a Thai lawyer.
Décisions de la Cour suprême interprétant cette section
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Supreme Court Judgment No. 12013/2547 (2004)
Service of a pleading on the lawyer whom a party has appointed to conduct the case is lawful service under Section 75.
The court explained that service of the pleading on the lawyer appointed to conduct the case was lawful under Section 75, applied through the governing statute, and that serving the answer and counterclaim on the plaintiff's lawyer by registered return mail had the same effect as service by a court officer.
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Supreme Court Judgment No. 78/2540 (1997)
Where a party has appointed more than one lawyer, service of the notice of the appellate judgment on just one of the appointed lawyers, by posting at that lawyer's domicile, is lawful service under Section 75, and the party is treated as knowing the date.
The plaintiff had two lawyers, and the notice of the appellate judgment was posted at the domicile of one of them. The court held that even though there were two lawyers, service on the one appointed to conduct the case was lawful under Section 75, so the plaintiff was properly deemed to know the date for reading the appellate judgment.
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Supreme Court Judgment No. 5058/2538 (1995)
Although the notice of an appellate judgment may be served on the lawyer a party appointed under Section 75, posting it at the lawyer's work place is not valid where that office had already relocated elsewhere and was found locked and empty.
The officer took the notice to the work place of the lawyers for defendants 3 and 4, found no one and the office locked, and posted it by court order. The court noted that while service on the appointed lawyer is allowed under Section 75, the office had long since moved, casting doubt on whether the posting there was valid service.
Décisions sélectionnées avec numéros de dossier vérifiés dans la base de données de la Cour suprême. Les versions anglaises sont des traductions éditoriales réalisées par le cabinet à des fins d'étude.
Foire aux questions
Can court documents be served on my lawyer instead of me?
Yes. Under Section 75, service on the lawyer you appointed to conduct the case, or on a person that lawyer appointed for the acts under Section 64, is deemed lawful service and binds you.
What if the document is served at my lawyer's old office?
Service on the appointed lawyer is lawful under Section 75, but if it is posted at an office the lawyer has long left, it can still be invalid under the ordinary service rules in Sections 74 and 79.