Section 87 — Conditions for admitting evidence
Statutory text (Thai original)
ห้ามมิให้ศาลรับฟังพยานหลักฐานใดเว้นแต่
(๑) พยานหลักฐานนั้นเกี่ยวถึงข้อเท็จจริงที่คู่ความฝ่ายหนึ่งฝ่ายใดในคดีจะต้องนำสืบ และ
(๒) คู่ความฝ่ายที่อ้างพยานหลักฐานได้แสดงความจำนงที่จะอ้างอิงพยานหลักฐานนั้นดังที่บัญญัติไว้ในมาตรา ๘๘ และ ๙๐ แต่ถ้าศาลเห็นว่า เพื่อประโยชน์แห่งความยุติธรรม จำเป็นจะต้องสืบพยานหลักฐานอันสำคัญซึ่งเกี่ยวกับประเด็นข้อสำคัญในคดี โดยฝ่าฝืนต่อบทบัญญัติของอนุมาตรานี้ ให้ศาลมีอำนาจรับฟังพยานหลักฐานเช่นว่านั้นได้
English translation
The court shall not admit any evidence unless: (1) the evidence relates to a fact that one or another of the parties in the case must prove; and (2) the party adducing the evidence has expressed the intention to rely on that evidence as provided in Sections 88 and 90. However, if the court is of the view that, in the interest of justice, it is necessary to take important evidence relating to an essential issue in the case, in breach of the provisions of this subsection, the court has the power to admit such evidence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 87 sets the two positive conditions for admitting evidence: relevance to a fact a party must prove, and prior notice by listing the evidence as required in Sections 88 and 90. It closes Chapter 1 by tying the substantive relevance test to the procedural duty to disclose intended evidence in advance. The final clause gives the court an important discretion: to admit evidence that breaches these conditions where, in the interest of justice, important evidence on an essential issue must be taken. Read with Sections 85 and 86, it balances orderly disclosure against the risk of excluding decisive proof.
Why this matters in practice
The practical lesson is to file your list of witnesses on time and make sure your evidence is relevant, because evidence that is off-point or was not disclosed can be refused. Do not rely on the justice exception as a fallback: courts use it sparingly and only for genuinely important evidence on a central issue. Missing the listing deadline is one of the most common ways parties lose otherwise good evidence. For how trials are run, see what to know before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3801/2565 (2022)
Even where a party has not given advance notice of evidence by listing it, the court may, in the interest of justice, admit important evidence bearing on an essential issue under Section 87 (2).
Although the documents had not been listed as evidence in advance, the Supreme Court held that, being important evidence on an essential issue, it could admit copies of a marriage certificate and family registry attached to the appeal in the interest of justice under Section 87 (2). Those documents established that the parties were lawfully married.
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Supreme Court Judgment No. 4137/2564 (2021)
Where the circumstances prevented a party from listing evidence and filing copies within the time limit, the court may, in the interest of justice, admit that evidence under Section 87 (2).
Because the documents were not in the parties' possession from the outset, the circumstances did not allow them to be listed and copied within fifteen days of the taking of evidence. The Supreme Court held it could admit the documents attached to the appeal and the reply in the interest of justice under Section 87 (2), and, being certified by officials, they were treated as genuine under Section 127.
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Supreme Court Judgment No. 2396/2563 (2020)
Evidence that lies outside the framed issues, is unrelated to what the parties must prove, and was obtained improperly is barred under Section 87, and the court may not admit it.
The court held that a statement obtained from a witness outside the framed issues, unrelated to what the parties had to prove and obtained improperly, was barred under Section 87 and could not be admitted. The defendants' argument built on that improperly obtained material was therefore a point not properly raised below, and the appeal failed.
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 are the conditions for a court to admit evidence?
Under Section 87, the evidence must relate to a fact a party must prove and must have been listed as evidence the party intends to rely on, under Sections 88 and 90.
Can a court admit evidence that was not listed on time?
Exceptionally, yes. Where justice requires important evidence on an essential issue, Section 87 lets the court admit it even though the conditions were not met.