Winning Cases at Content But Losing at How to Consider: 7 Dead Points and Techniques You Need to Know in a Trial Case

As a lawyer, the first thing I always tell juniors is not to jump to the evidence and forget to look at the "rules" of the case type, because each type of civil case has a different process.

Remember, "Sometimes court cases do not lose at the content, but lose at the hearing."

If you lose a little technically, you'll probably lose a foul from the start, even if you're right.

1. "The line is 300,000 baht" and the capital calculation trap.

At the heart of misery cases under section 189 (1) are those with a capital not exceeding 300,000 baht, but novice lawyers often fall to their horses when calculating this amount:

* Interest only counts up to the date of the lawsuit: When calculating capital, take "principal + interest" to count only "the date of the lawsuit," and interest after the date of the lawsuit until the payment is completed is "not counted" as capital.

* Strategy 300,000 vs 301,000: The 300,000 baht equity lawsuit is strategic intelligence, because in addition to making the case fast, it saves huge costs, as I will tell you in the next section.

2. Expulsion case: When "uncapitalisation" becomes a limit on court matters

According to section 189 (2), the expulsion of a person from an estate with a rent not exceeding 30,000 baht / month is a misery case, but the point to be careful is:

* Jurisdiction: Although it is a trifling case, because the eviction case is a "no capital case" (sued to move out, not to take money), the source indicates that it is primarily within the deliberative authority of the provincial court, it cannot sue the district court, even if the rent is small.

3. "Court fee of 1,000 baht," a privilege often overlooked.

This is the "privilege" of Section 190 Brigadier cases that greatly reduces the plaintiff's cost:

* Maximum ceiling: In ordinary civil cases, you will pay two percent of the capital and so on, but in the conquest case, although the same two percent, he has a "maximum ceiling of 1,000 baht."

* Strategic example: If you sue for 300,000 baht, you will only pay 1,000 baht (instead of 6,000 baht) in court, but if you sue 301,000 baht, the case will immediately become a common case and you have to gouge up to 6,020 baht. A small reduction in capital may save up to 5,000 baht.

4. "Closing the warrant takes effect immediately." Speed-up technique, a case that many people don't know.

In ordinary civil cases, submitting a summons by way of closure (in cases where the defendant is not found), the law stipulates that it will take effect after 15 days, but in cases where the summons is different:

* Extra speed: The court has the power to order the "closure of the warrant to take effect immediately."

* Actionable Advice: As a plaintiff's attorney, you should attach proof of civil registration (T.A.) and make a statement asking the court to "make the closure effective immediately" so that the case can move forward many times more quickly than a normal civil case.

5. "Close witness" technique and double-edged sword risk

In the trial case, the first day the court makes an appointment is called "mediation, deposition," as opposed to ordinary cases where the witness account must be filed not less than seven days in advance of the deposition. The techniques often used by veteran lawyers are:

* Opposing closure: File the first witness identification account with just your own name on it so that the opponent does not know what finisher we have and then exercise the rights under section 88, paragraph two, filed further within 15 days of the start of the first witness examination.

* Death point warning: This technique is a "double-edged sword." If you accidentally run for 15 days or the court considers it unreasonable under section 88, paragraph three, you may lose the right to investigate that important witness.

"If the court accidentally investigates a witness who does not appear in the witness account and then meets later, it will not hear the evidence...Unless for the sake of justice. "

6. When the Court Was "Coach" (M.191): A Lesson on "Sue the Enclosure"

"Suing an enclave" is an indictment that is not clear who did what, where, how, so that the defendant cannot defend it. In ordinary cases, the court will not intervene in this case, but in the trial case, the court plays the role of "coach" in article 191, paragraph two:

* Corrective order power: The court has the power to order a litigant to amend an indictment or testimony lacking material to be clearer itself.

* Do not miss point of death: According to the Supreme No. 1619 / 2016, if the defendant fights an indictment but the court does not order the plaintiff to amend the indictment, the court will assume discretion that the indictment is not covered. As a result, the defendant cannot appeal the issue again. Unlike normal cases that are appealed, this point must be very accurate because there is no chance to make a second round of excuses.

7. "No armor escort": when M.254 was banned.

This is the risk that the plaintiff must have known before starting the game.

* Prohibit seeking temporary protection: The plaintiff shall apply section 254 to apply for a temporary freeze on the property of the defendant before sentencing "not."

* Technical Survival: If you see that the defendant is manipulating the property, you must avoid using Section 264 instead, which is a way to protect the benefits that the law still provides, but the methods and conditions are different from normal.

Summary of lessons and reminiscent points

The trial proved to us that "how the process is as important as the content of the case," knowing the technique of capital calculation, understanding the special authority of the court under Section 191, or knowing the filing of witness accounts, are the weapons that will give you complete control of the game.

On a day when the law is designed to be fast and economical, are you ready to deal with a speed that can become a double-edged sword? If you miss a step technically, the victory you should have achieved will unfortunately slip away just because of the word "technical ignorance."