Section 110 — Witness fails to appear
Statutory text (Thai original)
ถ้าพยานคนใดที่คู่ความได้บอกกล่าวความจำนงจะอ้างอิงคำเบิกความของพยานโดยชอบแล้ว ไม่ไปศาลในวันกำหนดนัดสืบพยานนั้น ศาลชอบที่จะดำเนินการพิจารณาต่อไป และชี้ขาดตัดสินคดีโดยไม่ต้องสืบพยานเช่นว่านั้นได้ แต่ต้องอยู่ภายใต้บังคับบทบัญญัติแห่งมาตราต่อไปนี้
English translation
If a witness whose testimony a party has duly given notice of an intention to rely on fails to attend court on the date fixed for taking that evidence, the court may proceed with the trial and decide the case without taking such evidence, but subject to the provisions of the following sections.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 110 keeps trials moving where a witness fails to appear. If a party has duly given notice of its intention to rely on that witness's testimony and the witness does not attend on the fixed date, the court may continue the trial and decide the case without taking that evidence. The power is expressly made subject to the following sections, which deal with enforcement against absent witnesses and related measures, so it is a discretion exercised within that framework rather than an automatic dismissal of the evidence. The practical effect is that a party bears the risk of its own witness not turning up, the court need not wait indefinitely.
Why this matters in practice
The lesson is blunt: make sure your witnesses actually appear on the evidence date, because if they do not, the court can proceed and decide the case without their testimony, which may cost you the point they were meant to prove. If a key witness cannot attend, do not simply rely on their absence being excused, act in advance through a summons under Section 106 or a proper application to postpone. Where the other side's witness fails to appear, be ready to press the court to proceed under Section 110.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 845/2513 (1970)
Where the defendant, its counsel and its witnesses all fail to appear on the appointed date and no postponement has been granted, the court may treat the defendant as having no witnesses to adduce, proceed with the trial, and decide the case that day, consistently with Section 110.
After the trial court refused to postpone the defendant's evidence and the defendant, its counsel and its witnesses did not attend on the appointed date, the court treated the defendant as having no witnesses to adduce and decided the case that day. The Supreme Court held this was proper under Section 110.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What happens if my witness does not show up?
Under Section 110, if you duly noticed reliance on that witness but the witness fails to appear on the evidence date, the court may proceed and decide the case without that testimony.
Does a missing witness stop the trial?
No. The court need not wait; it may continue the trial and decide the case without the absent witness's evidence, subject to the following sections on enforcement.
How can I avoid losing evidence when a witness may not attend?
Secure attendance in advance, for example by applying for a summons under Section 106, or make a proper application to postpone rather than relying on the witness's absence being overlooked.