95 — คุณสมบัติของพยานบุคคล

คำแปลภาษาไทย

The court shall not admit the testimony of any person as a witness unless that person:
(1) is able to understand and to answer questions, and
(2) is a person who has seen, heard, or come to know the matters about which he is to testify by himself directly. But this provision applies only where there is no express provision of law, or order of the court, to the contrary.
If the court refuses to admit the testimony of any person because it is of the opinion that such person cannot be a witness or give testimony as stated above, and the party concerned objects before the court proceeds further, the court shall record in the report the name of the witness, the reason for the refusal, and the objection of the party concerned. As to the grounds the objecting party raises, the court shall, in its discretion, record them in the report or direct that party to submit a statement to the court for inclusion in the file.

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