21 — คำขอ คำร้อง และสิทธิคัดค้าน

คำแปลภาษาไทย

When any party submits an application or a statement to the court:
(1) if this Code does not provide that the application or statement must be made in the form of a motion or in writing, the court has the power to accept the application or statement that the party has made orally in court, but the court must record such content in the report; or the court may require that party to submit the application in the form of a motion, or to submit the statement in writing, as the court thinks fit;
(2) if this Code does not provide that any application may be made ex parte, the court is prohibited from making an order in such matter without first giving the other party or other parties an opportunity to object; but this is subject to the provisions of this Code concerning default;
(3) if this Code provides that any application may be made ex parte, the court has the power to hear the other party or other parties before making its order in such matter, except in the case where the application is a matter of requesting a summons to file a defence, or to seize or attach property before judgment, or to have a writ of execution issued, or to arrest or detain the defendant or the judgment debtor;
(4) if this Code does not provide that the court must make an order granting an application submitted to it without holding an inquiry, the court has the power to hold an inquiry as it thinks fit before making its order on that application.
In any matter in which the court may make an order of its own motion, or only upon the application of a party, the provisions of sub-sections (2), (3) and (4) of this section shall apply. In any matter in which a party has no power to apply for a court order, but in which the court may make an order in that matter of its own motion, the court shall have the power, subject to sections 103 and 181(2), to dispense with hearing the parties or with holding an inquiry before making its order.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก