Thailand Civil Procedure Code-Section 200-209
PART II
DEFAULT OF APPEARANCE
Section 200.165 Subject to section 198 bis and section 198 ter, if either party fails to appear before the court on the date of taking evidence without obtaining the court’s permission for adjournment of the case, such party shall be deemed to be in default of appearance.
If any party fails to appear before the court on any scheduled date other than the date of taking evidence, such party shall be deemed to have waived his or her rights to carry out his or her proceedings on that day and to have acknowledged the proceedings conducted by the court on that day.
Section 201 .166 If both parties are in default of appearance, the court shall issue an order of disposal of the case from the case list.
Section 202.167 If a plaintiff is in default of appearance, the court shall issue an order of disposal of the case from the case list, unless the defendant informs the court on the date of taking evidence that he or she desires to continue to proceed with the trial of the case, in which case the court shall try and adjudicate the case ex parte.
Section 203 .168 The plaintiff shall be prohibited from appealing against an order of disposal of the case under section 201 and section 202; provided, however, that, subject to the provisions of the law governing prescription, such order shall not preclude the plaintiff from re-submitting his or her plaint.
Section 204.169 If a defendant is in default of appearance, the court shall try and adjudicate the case ex parte.
Section 205.170 In the cases as mentioned in section 202 and section 204, if the court is not satisfied that the service of a summons fixing the date of taking evidence has been duly made on the party in default of appearance, the court shall issue an order of adjournment of the date of taking evidence and prescribe any directions as it sees fit in order for the party in default of appearance to be re-served with a summons fixing the date of taking evidence by ordinary service or any other substitute method. If such directions have been complied with and such party still fails to appear before the court before the taking of evidence commences on the date designated in such summons, the court shall proceed with the case as provided for in section 202 or section 204, as the case may be.
Section 206.171 Either party may not apply to the court for a decision that he or she is the winning party merely on the grounds that the opposing party is in default of appearance. A court shall decide that the party appearing before it is the winning party only when the court views that such party’s allegations are founded and not contrary to law. In this regard, the court may raise any point of law involving public order by itself.
For the purpose of the decision-making of the case under paragraph one, the provisions of section 198 bis, paragraph two and paragraph three shall apply, mutatis mutandis, to the case of the party appearing before the court.
During an ex parte trial, if the party in default of appearance appears in the court after the taking of evidence has already commenced and informs the court on the first occasion that he or she desires to proceed with the case, when the court views that such default of appearance was not willful or there is a valid reason for such default and the court has never issued an order of a new trial on the request of such party under section 199 ter, which shall also apply to a default of appearance under section 207, the court shall issue an order of a new trial of the case. In this case, if such party is in default of appearance again, no request for a new trial under this section may be made.
In the case of paragraph three, if the party in default of appearance does not inform the court or the court views that the default of appearance was willful or there is no valid reason for such default or the request for a new trial is prohibited by law, the court shall continue to conduct the proceedings, but:
- the court shall be prohibited from permitting the party in default of appearance to produce witnesses if such party appears in the court after the lapse of the time for such party to produce his or her witnesses;
- if the party in default of appearance appears in the court when the opposing party has already adduced the evidence, the court shall be prohibited from permitting the party in default of appearance to object to such evidence by cross-examining the opposing party’s witnesses already examined or by objecting to any reference to documents or to object to any request for the court’s inspection or appointment of experts. However, if the opposing party has not yet completely adduced his or her evidence, the court shall permit the party in default of appearance to rebut only the evidence adduced after his or her appearance;
- in such case, the party in default of appearance shall have no right to apply for a new
Section 207.172 When a court has rendered a judgement directing the party in default of appearance to lose the case, the provision of section 199 bis shall apply, mutatis mutandis, and such party may make a request for a new trial and the provisions of section 199 ter, section 199 quater and section 199 quiquies shall apply, mutatis mutandis.
Section 208.173 (Repealed)
Section 209.174 (Repealed)
Unofficial Translation Chaninat and Leeds Ltd. Thailand Personal Injury and Accident Lawyers
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