There is only limited provision for discovery under Thai law. There is no discovery procedure under the Civil Procedure Code that is similar to that found in common law jurisdictions and, in general terms, it can be quite difficult for a plaintiff to obtain evidence from the defendant or from third parties.

Each party is required to disclose documents and witnesses that might be introduced during the course of the trial by submitting a list of evidence and witnesses to the court and providing a copy of documentary evidence in its possession that it intends to produce during the trial to the other party. This must be done at least seven days before the taking of the relevant evidence.

Under the Civil Procedure Code, a party may file a motion requesting the court to subpoena evidence from the opposing party or a third party. If the court is of the opinion that the document is important evidence and the application is well-grounded, the court will issue a subpoena directing the provision of the evidence.

Where the opposing party refuses to produce the evidence subpoenaed or where such party has damaged, destroyed, concealed, or otherwise rendered useless the document in order to prevent the requesting party from relying on it as evidence, the allegations of the requesting party as to the facts to be proved by the document will be deemed to have been admitted by the opposing party. In practice, however, it can be quite difficult for the requesting party to establish with sufficient detail the facts to be proved by the document requested, as, in most instances, the requesting party will not be aware of the details contained in the document requested. A party may also ask the court to subpoena a witness.