13 — วิธีและกำหนดเวลาคัดค้านผู้พิพากษา

คำแปลภาษาไทย

If any of the grounds of challenge mentioned in the two preceding sections arises with respect to any judge sitting in the court:
(1) that judge may himself submit a notice to the court stating the ground on which he may be challenged, and may then withdraw from sitting in the trial of that case; or
(2) the party concerned may raise the challenge by making a motion filed with the court; but if the party became aware of the ground of challenge before the date of taking evidence, the motion of challenge must be filed before that date of taking evidence; or if the party becomes aware of the ground of challenge during the trial, the motion of challenge must be filed not later than the next date appointed for taking evidence, but before the commencement of the taking of evidence on that occasion.
When such a motion has been filed, the court shall stay all proceedings until a ruling on the challenge has been made; but this shall not apply to proceedings that must be conducted without delay. Furthermore, all proceedings conducted before the motion of challenge was filed, and all proceedings in a case that must be conducted without delay even though conducted after the motion of challenge was filed, shall remain valid and shall not be vitiated by reason of the court's order upholding the challenge, unless the court has otherwise provided in its order.
If a court has only one judge and that judge is challenged, or if a court has several judges and all of them are challenged, the court next higher in authority to that court, in order of rank, shall rule on the challenge.
If a court has several judges, and the judges who are not challenged, together with the justice commissioner if he has sat in the trial, are of a number sufficient to constitute a quorum and to form the majority required by law, such court shall rule on the challenge; but in a case within the power of a single judge to rule on the challenge, that judge shall not make an order dismissing the challenge without the concurrence of another judge or of the justice commissioner.
If a court has several judges, and the judges who are not challenged, even counting in the justice commissioner, are still not of a number sufficient to constitute a quorum and to form the majority required by law, or if the single judge is unable to make an order dismissing the challenge with the concurrence of another judge or of the justice commissioner as provided in the preceding paragraph, the court next higher in authority to that court, in order of rank, shall rule on the challenge.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก