The use of letters rogatory to effect service of process in Thailand is not common practice, and is not generally encouraged since it can take more than a year to accomplish and local Thai authorities may be unfamiliar with the procedure and therefore reluctant to execute such a request. It may be useful to consult foreign legal counsel before proceeding with this time consuming procedure. See our general flyer, Preparation of Letters Rogatory for details. Thailand is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. There is no bilateral consular convention in force between the U.S. and Thailand, moreover, Thailand is not a party to the Vienna Convention on Consular Relations.
Judicial assistance is provided on the basis of comity.
Depositions of willing witnesses may be conducted in Thailand regardless of the nationality of the witness. The procedure does not vary in civil, administrative or criminal cases. Depositions may take place on U.S. consular premises or at other locations such as offices or hotels . Telephone depositions are permitted. The witnesses may refuse to take an oath or refrain from answering any or all questions.