มาตรา 101/1 — การสืบพยานหลักฐานฉุกเฉินฝ่ายเดียว

คำแปลภาษาไทย

Where there is an emergency that makes it necessary to take some evidence urgently and it is not possible to notify the other party beforehand, then when an application under Section 101 is filed together with the plaint or the answer, or afterwards, the applying party may also file an ex parte application, made in the form of a motion combined with it, for the court to issue an order without delay; and if necessary, it may also request the court to order the seizure of, or the delivery to the court of, the document or object to be used as the evidence sought to be taken in advance.
The motion under paragraph one must describe the facts showing that there is an emergency making it necessary to take some evidence urgently and that the other party cannot be notified beforehand, as well as the damage that will arise from the failure to take such evidence. As for a case where the court is to be asked to order the seizure of, or the delivery to the court of, the document or object to be used as evidence, the motion must describe the facts showing how the necessity to seize or to deliver such document or object exists. In this regard, the court shall not grant such motion unless it is satisfied from an inquiry that an emergency and a necessity as stated in the motion genuinely exist. However, this does not deprive the other party of the right to request the court to issue a summons for such witness to attend court for cross-examination and to proceed under Section 117 later. If such action cannot be taken, the court must exercise caution in weighing the evidence.

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