Section 184 — Fixing the date for taking evidence
Statutory text (Thai original)
ในกรณีที่มีการชี้สองสถาน ให้ศาลกำหนดวันสืบพยานซึ่งมีระยะเวลาไม่น้อยกว่าสิบวันนับแต่วันชี้สองสถานในกรณีที่ไม่มีการชี้สองสถาน ให้ศาลออกกฎหมายกำหนดวันสืบพยานส่งให้แก่คู่ความทราบล่วงหน้าไม่น้อยกว่าสิบวัน
English translation
Where there is a settlement of issues, the court shall fix the date for taking evidence, being a period of not less than ten days from the day of the settlement of issues. Where there is no settlement of issues, the court shall issue a notice fixing the date for taking evidence and serve it on the parties in advance not less than ten days beforehand.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 184 guarantees the parties a minimum period of preparation before evidence is taken. Where a settlement of issues has been held, the evidence date must fall at least ten days later, counted from that day. Where none was held, the court must issue and serve a notice of the evidence date, giving at least ten days' advance warning. The ten-day floor is mandatory: courts treat evidence taken without proper notice as an irregular proceeding that can be revoked under Section 27, and it is especially important for defendants who did not attend when the date was set. The section works together with Sections 182 and 183 to structure the move from pleadings to trial.
Why this matters in practice
The ten-day rule protects your right to prepare, so use it and enforce it. If the court takes evidence without giving you at least ten days' notice of the date, especially where you were not present when it was set, that is a serious procedural defect you can move to have the proceedings revoked. Diary the evidence date the moment it is fixed and confirm that every party, including any who defaulted, was properly served.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4637/2567 (2024)
Under the second paragraph of Section 184, where there is no settlement of issues the court must issue a notice fixing the evidence date and serve it on the parties at least ten days in advance. Taking evidence without notifying defendants who did not attend when the date was set is unlawful.
The trial court set evidence dates and proceeded without notifying the other defendants who had defaulted and were absent. The Court held this breached Section 184 paragraph two, which requires serving notice of the evidence date at least ten days ahead.
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Supreme Court Judgment No. 7527/2541 (1998)
Taking the plaintiff's evidence without giving the defendant at least ten days' advance notice of the evidence date is an unlawful proceeding under the second paragraph of Section 184, and is to be revoked under Section 27, read with Section 247.
Notice of the evidence date was posted only about ten days after service fell short of the ten-day minimum, and the court took the plaintiff's evidence anyway. The Court revoked the proceedings from the setting of the evidence date onward.
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Supreme Court Judgment No. 2529/2533 (1990)
Where the court does not issue a notice fixing the evidence date and serving it on the defendant, then declares the defendant in default of appearance and proceeds ex parte, the proceeding is unlawful under Section 184, read with Section 202.
The trial court set an evidence date after receiving the defendant's answer but never issued a notice to the defendant, then treated the defendant as in default. The Court held this proceeding unlawful under Sections 184 and 202.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How much notice must a party get of the evidence date?
At least ten days. Under Section 184 the evidence date must be at least ten days after the settlement of issues, or, where none was held, a notice must be served on the parties at least ten days in advance.
What if the court takes evidence without proper notice?
Evidence taken without the required ten days' notice is an irregular proceeding. Courts have revoked such proceedings under Section 27, particularly where an absent party was not told the date.