มาตรา 120/1 — บันทึกถ้อยคำแทนการซักถามพยาน

คำแปลภาษาไทย

When a party files a motion and the other party does not object, and the court sees fit, the court may permit the party filing the motion to submit to the court all or part of a written statement of the person that party wishes to cite as a witness, affirming the facts or opinions of the maker, in place of examining that maker as a witness in the presence of the court.
A party wishing to submit a written statement in place of examination under paragraph one must file a motion stating that intention together with the reasons before the day of settlement of issues, or before the day of taking evidence where there is no settlement of issues; and the court shall fix the period within which the party must submit the written statement to the court and serve a copy on the other party not less than seven days before the day of taking that witness's evidence. Once the written statement has been submitted to the court, the party who submitted it may not withdraw it. When the witness has testified to affirm the written statement, it shall be deemed part of the testimony given in answer to examination-in-chief.
The maker of the statement shall attend court to give testimony in answer to additional examination, cross-examination, and re-examination by the parties. If the maker does not attend court, the court shall refuse to admit that person's written statement as evidence in the case; but if the court considers that there is a necessity or an unavoidable cause preventing the maker from attending, and it is for the benefit of justice, it may admit the written statement of a maker who did not attend to supplement other evidence.
Where the parties agree that the maker need not attend court, or where the other party consents or does not insist on cross-examination, the court shall admit such written statement as evidence in the case.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก