Fact-checked by Barrister Garn Tuntasatityanond, Barrister-at-Law and licensed Thai lawyer (Thailand Lawyer Licence No. 3417/2553), on 30 October 2026.
Key takeaways
- A request to postpone a court hearing does not cancel the existing hearing date.
- The current Civil Procedure Code applies a strict test from the first request; there is no automatic first adjournment.
- A medical certificate, new lawyer or agreement between the parties does not guarantee permission.
- A clerk or limited proxy is not a substitute for a properly appointed lawyer, and a lawyer’s attendance does not automatically excuse a criminal defendant.
- The consequences of absence depend on the hearing, the party and the applicable procedure.
What legal test does the court apply?
Under Section 40 of the Civil Procedure Code, a party seeking an adjournment must apply before or on the hearing date and explain the reasons. Permission requires an unavoidable necessity and that refusing the adjournment would cause injustice. The court exercises its discretion within these legal conditions.
This test applies from the first request. A party should not assume that one postponement is available as of right. The court may also order the applicant to pay witness allowances and expenses incurred by the other party in attending court. If the applicant fails to pay as ordered, Section 40 requires the adjournment request to be rejected. Source: OCS: Civil Procedure Code, Section 40.
Criminal cases require separate attention to the specific criminal-procedure provisions. Section 15 of the Criminal Procedure Code permits civil-procedure rules to be applied, so far as appropriate, where a procedural matter is not specifically provided for. It does not make every civil default rule applicable to a criminal hearing. Source: OCS: Criminal Procedure Code, Section 15.
Is a first hearing or a newly appointed lawyer enough?
There is no general rule requiring an adjournment simply because it is the first hearing or a new lawyer has been appointed. If counsel was genuinely appointed recently, the application should explain when that happened, what important information or documents remain unavailable, why preparation could not be completed, and how proceeding would affect fairness.
Changing lawyers shortly before the hearing is therefore not an answer by itself. Relevant circumstances include how the difficulty arose, previous requests or court warnings, and whether another appointed lawyer is ready to proceed.
The same caution applies to settlement discussions. Even if both parties want more time to negotiate, their agreement does not itself change the court’s hearing date.
Does a medical certificate guarantee an adjournment?
No. A medical certificate is supporting evidence, not an automatic entitlement. The court must consider how the condition actually affects attendance or the ability to perform the relevant role.
Section 41 allows the court to appoint an official to investigate a claimed illness and, if a doctor is available, appoint a doctor to examine the person as well. If the court accepts that the illness is not serious enough to prevent attendance, it may apply the relevant rules on default or non-attendance. Source: OCS: Civil Procedure Code, Section 41.
Useful supporting evidence explains the period of illness, its severity, restrictions on travel or participation, and the medical advice given. Naming a disease alone is insufficient to predict the result. Nor should every contagious condition be described as automatically requiring an adjournment.
Can a clerk or proxy attend instead of the lawyer?
Distinguish delivering documents from conducting the case or making legal submissions. Sections 60–61 address representation and the appointment of lawyers. Section 64 provides for a limited proxy to undertake specified activities, such as arranging hearing dates, hearing orders and receiving documents, subject to its conditions and the court’s directions. Source: OCS: Civil Procedure Code, Sections 60–64.
Sending a clerk with a proxy document should not replace arranging a properly appointed lawyer who can deal with objections, explain the application, participate in evidence examination or conduct a witness hearing if necessary.
If someone else will deliver the application, prepare a complete written request, supporting evidence and the proper signatures, and confirm the filing arrangements with the court. Broad wording in a proxy document cannot create powers beyond those allowed by law.
What happens if the request is refused and nobody attends?
The result depends on the hearing and the absent party’s position. Absence is not always an automatic loss, but it can seriously damage the case.
Civil cases: settlement of issues and witness hearings
For a settlement-of-issues hearing, Section 183 bis permits the court to proceed and treats the absent party as informed of that day’s proceedings. It restricts challenges to the issues and burden of proof determined by the court, subject to statutory exceptions.
For a witness hearing, Section 200 addresses default where a party does not attend and has not obtained an adjournment, subject to the provisions specified in that section. The consequences differ according to whether both parties, the plaintiff or the defendant are absent. Sections 201–204 provide for removal of the case from the list or proceedings in the other party’s absence, as applicable. Under Section 206, however, the attending party does not win merely because the opponent is absent: the court must still assess whether the claim has a basis and is lawful. Source: OCS: Civil Procedure Code, Section 183 bis and Sections 200–206.
Criminal cases: the plaintiff’s absence
Section 166 governs the plaintiff’s failure to attend a preliminary examination, with provision for an adjournment where the court finds sufficient reason for the absence. Section 173/2 applies Section 166 by analogy when the plaintiff does not attend an evidence-examination hearing. These hearings should not be treated as risk-free occasions to miss.
If the case is dismissed under Section 166, obtain advice immediately. That provision gives the plaintiff 15 days from dismissal to apply and show sufficient reason for being unable to attend. It is not safe to assume that the same case can simply be filed again. Source: OCS: Criminal Procedure Code, Sections 166 and 173/2.
Criminal cases: the defendant’s absence
Check the defendant’s attendance obligations, the summons and the specific court orders. Under Section 66, failure to appear on a summons or appointment without a reasonable excuse is relevant to the statutory presumption of flight. An arrest warrant may follow when the legal conditions are met; it is misleading to say that every refused adjournment request automatically produces a warrant. Source: OCS: Criminal Procedure Code, Section 66.
How should you prepare the request and a backup plan?
- Read the summons and hearing record. Identify the type of hearing, who must attend personally and any court warnings or directions.
- Apply promptly once the problem is known. Attach evidence rather than waiting until the hearing. Three to seven days is not a fixed statutory filing period under Section 40.
- Explain necessity and fairness. Address why other arrangements cannot resolve the difficulty and request only the time needed.
- Arrange authorised, prepared representation. A substitute lawyer needs a proper appointment and sufficient preparation, not merely a name on a document.
- Confirm the order and remain prepared for the original hearing. A telephone call to court staff can help with administration, but it is not judicial permission to miss court.
In a criminal case, sending a lawyer does not automatically excuse the defendant’s own attendance. Section 172 generally requires trial and the taking of evidence to occur in the defendant’s presence unless otherwise provided by law. Check the relevant exception and the court’s order before assuming attendance is unnecessary. Source: OCS: Criminal Procedure Code, Section 172.
Frequently asked questions
Can I stay away after filing an adjournment request?
Do not assume so. Confirm whether the court has granted the request and exactly whose attendance the order addresses.
Must the court agree if the other party does not object?
No. The other party’s consent does not replace the legal conditions or the court’s order.
Is a medical certificate enough?
It does not guarantee permission. The evidence should explain the necessity and how the illness affects attendance or the relevant duties.
Does sending a proxy count as sending a replacement lawyer?
No. A proxy has limited powers under the law and the authorisation given, not general authority to conduct litigation.
Does refusal of an adjournment mean I immediately lose?
Not always, but the consequences can be serious. Promptly review the hearing type, your position in the case, the court’s order and any deadline for seeking relief.
Get advice before missing a Thai court hearing
Siam Center Law Group can review the hearing notice, court record, reasons for the request and supporting documents, and advise on attendance and appropriate contingency arrangements. Learn about our criminal defence services or contact the firm about a civil hearing.
General information reviewed on 30 October 2026. The applicable procedure depends on the court, case type, hearing and orders already made. No adjournment or case outcome is guaranteed.
