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.
Cited in 4 Supreme Court decisions (1981 to 2006)
Selected citing decisions
- Decision 6957/2540 (1997)
- Decision 717/2524 (1981)
- Decision 44/2549 (2006)
- Decision 5945/2538 (1995)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
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.
Cite this section
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Plain citation
Civil Procedure Code, s. 91 (Thailand) -
Academic citation
Civil Procedure Code (Thailand), s. 91. ThaiLawOnline, https://www.thailawonline.com/thai-civil-procedure-code/section-91/ (accessed 11 August 2026). -
Thai citation
ป.วิ.พ. มาตรา 91 -
Permalink
https://www.thailawonline.com/thai-civil-procedure-code/section-91/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-civil-procedure-code/section-91/"><p>Both parties are each entitled to rely on evidence in common.</p><footer>Civil Procedure Code, s. 91 (Thailand) — <a href="https://www.thailawonline.com/thai-civil-procedure-code/section-91/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.