Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
The Court of Appeal (ศาลอุทธรณ์, San Uthon, also spelt San Utthon) is the second tier of the Thai Courts of Justice, sitting between the courts of first instance and the Supreme Court (San Dika). It re-examines a judgment on both the facts and the law, working from the written record rather than hearing the witnesses again. For most foreigners the Court of Appeal is where a lost civil claim, a criminal conviction or a disputed custody order gets its second and often final look, because access to the Supreme Court has been restricted since 2015.
Table of Contents
Structure of the appeal courts and who hears what
There is not one Court of Appeal but several. The Court of Appeal in Bangkok hears appeals from the Bangkok courts, and nine Regional Courts of Appeal (Regions 1 to 9, seated in cities such as Chiang Mai, Khon Kaen, Nakhon Ratchasima, Phuket and Songkhla) hear appeals from the provincial and kwaeng courts in their area. Since 2016 a separate Court of Appeal for Specialised Cases takes appeals from the labour, tax, intellectual property and international trade, bankruptcy, and juvenile and family courts. All sit in panels of three judges within the three tier court system.
The appeal itself. In a civil case the appeal must be filed within one month of the day the judgment is read (Civil Procedure Code Section 229); the same month applies in criminal cases. It is lodged at the court that gave the judgment, not at the Court of Appeal, and the appellant pays a court fee on the amount disputed on appeal. Where that amount does not exceed 50,000 baht, the appeal may raise questions of law only, not of fact.
Practical points for a foreigner appealing in Thailand
An appeal is a written exercise. There is normally no oral hearing: the court reads the appeal, the reply, the transcript and the exhibits, then issues a written judgment which is read out at the original first instance court, often 6 to 18 months later. A defendant in a criminal case who is not in custody must present himself when filing. The appeal is drafted in Thai by a licensed Thai lawyer, so a foreigner who lost at first instance needs to instruct one well inside the month, or apply for an extension before the deadline expires.
The common mistake is to assume that filing an appeal freezes the judgment. It does not. A civil judgment can be enforced while the appeal is pending unless the appellant obtains a stay of execution, which usually means putting up security.
Court of Appeal compared with the Supreme Court
The Court of Appeal reviews everything: it can reassess the evidence, change findings of fact, increase or reduce damages, and alter a sentence. The Supreme Court is different. Since the 2015 amendment to the Civil Procedure Code a civil dika appeal needs the permission of the Supreme Court (Section 247), granted only where the case raises an important question of law, involves the public interest, or conflicts with earlier Dika decisions. In criminal cases an appeal on the facts to the Supreme Court is barred where the Court of Appeal confirmed a sentence of five years or less.
In practice the Court of Appeal is the last court that will weigh the evidence in an ordinary contract, land, divorce or custody dispute, and the appeal to prepare properly.
Frequently asked questions
How long do I have to appeal a court judgment in Thailand?
One month from the day the judgment is read, in both civil and criminal cases. The appeal is filed at the court of first instance that gave the judgment. An extension can be requested from that court, but the request must be made before the month runs out.
Does the Court of Appeal in Thailand hear witnesses again?
No. The Court of Appeal decides on the written record: the transcript of the first trial, the exhibits and the written appeal and reply. There is no new evidence and normally no oral hearing, and the judgment is read at the original court many months later.
Can I appeal from the Court of Appeal to the Thai Supreme Court?
Only with permission in civil cases. Since 2015 the Supreme Court accepts a civil dika appeal only where it raises an important question of law or the public interest. In criminal cases an appeal on the facts is barred where the Court of Appeal confirmed a sentence of five years or less.
See also: Courts of first instance, Supreme Court (San Dika), Court fees, Thai legal system explained and Criminal appeals and Supreme Court processes.
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