90 — การส่งสำเนาเอกสารเป็นพยาน

คำแปลภาษาไทย

A party which relies on a document as evidence in support of its allegation or defense under Section 88 paragraph one shall submit it to the court and serve on the other parties a copy of that document not less than seven days before the date of taking evidence.
Where any party submits a statement or a motion requesting leave to rely on a document as evidence under Section 88 paragraph two or paragraph three, it shall submit to the court and serve on the other parties a copy of that document together with the submission of such statement or motion, unless the court, upon reasonable cause, permits the copy to be submitted later.
A party relying on evidence need not submit a copy of the document to the court, and need not serve a copy on the other parties, in the following cases:
(1) where a party relies on a set of documents which the other parties already know well, or can easily ascertain, as to the existence and authenticity of those documents, such as correspondence between the parties in the case, trade account books, bank account books, or documents in the file of another case;
(2) where a party relies on one or more documents which are in the possession of the other parties or of a third person;
(3) where making copies of the documents would delay the proceedings to the detriment of the party relying on those documents, or where there is reason to show that the copies cannot be completed within the time allowed for submitting them.
In the case of (1) or (3), the party relying on the document shall submit an ex parte application, made as a motion to the court, requesting leave to dispense with submitting the copy and to submit the original document instead, for the court or the other parties to examine, on the conditions the court thinks fit to prescribe.
In the case of (2), the party relying on the document shall request the court to issue an order summoning the document from the person in possession under Section 123, by submitting a motion to the court within the time under paragraph one or paragraph two, as the case may be, and that party has the duty to follow up in order to obtain the document within the time set by the court.

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