102 — การมอบและส่งประเด็นสืบพยาน

คำแปลภาษาไทย

The court trying the case shall be the one to take the evidence, whether within the court or outside the court at any place, as the court orders as it thinks fit according to the necessity arising from the nature of that evidence. However, if the court trying the case sees it as necessary, it shall have the power to entrust any one of its judges, or to appoint another court, to take the evidence in its stead. The judge so entrusted or the court so appointed shall have the same powers and duties as the court trying the case, including the power to entrust any one of its judges, or to appoint another court, to continue taking the evidence in its stead.
If the court trying the case has appointed another court to take evidence in its stead, either party may declare to the court trying the case that it intends to attend the hearing. In such a case, the appointed court shall notify the applicant of the date fixed for taking the evidence at least seven days in advance. A party attending the hearing is entitled to exercise its rights as if the proceeding were being conducted in the court trying the case.
A copy of the plaint and the answer, together with the documents and other evidence necessary for taking the evidence, shall be sent to the appointed court. If the party relying on that evidence has not declared an intention to attend the hearing, the issues to be taken shall be notified to the appointed court. When the taking of evidence is completed, it shall be the duty of the appointed court to send the necessary reports and all other documents relating to the taking of the evidence to the court trying the case.

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