What is the deadline to file an appeal against a Thai civil court judgment and what steps are involved?

Hello. Sorry to hear about your loss in civil court. You have 30 days from within to extend the deadline to appeal or to file an appeal. Most of the time at least one extension will be filed in order to have sufficient time to prepare the appeal. Yes, unless you are an expert on appeal proceedings and capable of writing in proper, legal Thai languagem you should engage a law firm to represent you on appeal. 

Regarding your inquiry about appealing a civil court decision in Bangkok, please find the essential points below:

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  Deadline: You must file the appeal within one month from the date the judgment was read. If you need more time, a petition to extend this deadline must be filed before the initial period expires.

  
  


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  Grounds for Appeal: The appeal must be based on points of law or fact that were already raised during the initial trial. New issues generally cannot be introduced at this stage.

  
  


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  New Evidence: Generally, the Appeal Court does not allow new evidence. It can only be admitted under very limited and exceptional circumstances where you can prove that the evidence was unavailable during the original trial despite due diligence.

  
  


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  Legal Representation: Yes, it is highly recommended (and practically necessary) to hire a Thai lawyer. The appeal must be drafted in Thai, addressing specific legal errors in the judgment, and must comply with strict procedural requirements under the Civil Procedure Code.

  
  

To proceed, I will need to review the Full Judgment (คำพิพากษาฉบับเต็ม) of the Court of First Instance to assess the merits of your case for an appeal.

Would you like me to review the judgment and calculate your specific deadline?

An appeal against a civil court judgment must be filed within one month (with the possibility of extension for one month at a time) from the date on which the judgment or order is read. If the appellant is the losing party, the appellant must deposit the amount awarded under the judgment and the court fees payable to the winning party at the same time as filing the appeal. Copies of the appeal must also be prepared so that the court can serve them on the opposing party, in accordance with Section 229 of the Civil Procedure Code.
Prohibition on Appeals on Questions of Fact
Appeals on questions of fact are prohibited under Section 224 of the Civil Procedure Code in the following cases:
1.Cases where the amount in dispute at the appellate stage does not exceed THB 50,000;
2.Eviction cases where the rental value or potential rental value of the immovable property at the time of filing the complaint does not exceed THB 4,000 per month.
Cases not prohibited from appealing on questions of fact include:
•Disputes concerning personal status rights;
•Disputes concerning family rights; and
•Actions seeking relief that cannot be valued in monetary terms (cases without a monetary value).
Note: If a case without a monetary value is nevertheless an eviction case involving immovable property with a rental value or potential rental value not exceeding THB 4,000 per month at the time of filing, an appeal on questions of fact is still prohibited under Section 224, paragraph two.
Requirements for Appeals on Questions of Fact or Law
Appeals on questions of fact or law must comply with Section 225 of the Civil Procedure Code, as follows:
1.The grounds of appeal must be stated clearly.
The appeal must clearly show that the appellant disagrees with the judgment of the court of first instance, specify which issues are being challenged, explain how and why the judgment is incorrect, and provide supporting reasons. An appeal that merely restates the claim without explaining why the lower court’s judgment is improper and what the correct outcome should be will be deemed unclear and invalid.
2.The issues on appeal must have been properly raised before the court of first instance.
New issues may not be introduced at the appellate stage. Appeals must be based on issues that were properly pleaded and identified as disputed issues in the court of first instance, or issues raised by the court itself where authorized by law.
3.The issues appealed must be material to the case.
The court will consider whether, if the appellate court rules in favor of the appellant on the appealed issue, the outcome of the case would change. If the outcome would not change, the issue is not considered material and is therefore prohibited from appeal. Only material issues may be appealed.
Submission of New Evidence on Appeal
As a general rule, the appellate court will not admit new evidence, since such evidence was not examined at the court of first instance. However, new evidence may be admitted if it is truly material to the case, highly reliable and easily verifiable (such as official documents), does not place the opposing party at a disadvantage, and could not have been presented earlier due to force majeure or unavoidable circumstances. For the sake of justice, the appellate court may admit such evidence even if it was not previously examined by the lower court, pursuant to Section 87(2) of the Civil Procedure Code.
Representation on Appeal
The law does not require, nor does it prohibit, a party from filing an appeal personally. Therefore, a litigant may file an appeal on their own. However, in practice, appeals are generally drafted and filed by lawyers, as appellate pleadings require a high level of legal knowledge, skill, and meticulous attention to detail, which are professional skills specific to lawyers. Accordingly, appeals are typically prepared and filed by legal counsel.