Can affidavits be used instead of witness testimony?
A. Affidavits are accepted as evidence in Thai courts. However, little weight will be given to the affidavit evidence unless the witness appears in Court for cross examination. A party can cross-examine the witnesses of the opposing party. After each witness has given testimony, the court prepares a memorandum of the testimony (which is a summary rather than verbatim), which is read out to the witness who then signs the memorandum. However, many courts also have provisions allowing overseas witnesses to testify by witness statement or video conferencing.
