Section 91 — Evidence relied on in common
Statutory text (Thai original)
คู่ความทั้งสองฝ่ายต่างมีสิทธิที่จะอ้างอิงพยานหลักฐานร่วมกันก็ได้
English translation
Both parties are each entitled to rely on evidence in common.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 91 states a short but useful principle: evidence is common to the case. Once a document, witness, or object is properly before the court, either party may rely on it, so a party is not confined to the evidence it listed and may draw support from material introduced by the opponent. The provision reflects the search-for-truth character of Thai civil evidence and prevents a party from arguing that an item may be used only in favor of the side that produced it.
Why this matters in practice
Do not overlook helpful material in your opponent's evidence: a document the other side put in can win a point for you under Section 91. When reviewing the file before trial, read the opposing bundle for admissions and inconsistencies you can adopt, and remember that once evidence is in, you generally need not list it again to rely on it.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6957/2540 (1997)
Where the same document is already in the case, both parties are entitled to rely on it in common under Section 91, so the courts may admit and use it regardless of which side originally produced it.
The Supreme Court upheld the lower courts' admission of a guarantee agreement, holding that because it concerned the same matter both parties were entitled to rely on the evidence in common under Section 91.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can I use a document that the other party put in the case?
Yes. Section 91 lets both parties rely on the same evidence, so you may use material the opponent introduced to support your own case.
Do I have to list evidence again to rely on it under Section 91?
Once evidence is properly before the court, either party may rely on it, so you generally need not separately list evidence already in the case.