Section 199 trimestre: Deadline and contents of new trial application

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3607/2561 (2018)

   A new trial application satisfies Section 199 quater paragraph two where it clearly states the grounds for the default, the objections to the judgment showing the applicant might win on retrial, and, if filed late, the reason for the delay.

   The Supreme Court found that the applicant's new trial application clearly set out the grounds for the default of answer, the objections showing a possible win on retrial, and the reason for the late filing, and so complied with Section 199 quater paragraph two, read with the juvenile and family court procedure law.

2. Arrêt de la Cour suprême n° 1132/2559 (2016)

   A supplementary filing explaining the grounds for the default and the reason for the delay serves only to complete the required contents of the new trial application under Section 199 quater paragraph two; it does not by itself extend or revive the right to apply.

   The defendants filed a supplement explaining the grounds for their default and the delay to complete their new trial application under Section 199 quater paragraph two. The Supreme Court held this only allowed a second application without it being treated as a repeated proceeding; the adequacy of the application still had to be assessed on its own terms.

3. Arrêt de la Cour suprême n° 1714/2567 (2024)

   The fifteen-day period in Section 199 quater paragraph one is a provision about applying for a new trial in a civil case. Where a party's motion is one to set aside an irregular proceeding under Section 27, Section 199 quater read with Section 207 is a different matter altogether and does not fix the time for filing it.

   In a private criminal prosecution for fraud, the first defendant applied to set aside the preliminary-hearing proceedings because the summons and the complaint had not been properly served. The plaintiff argued the application was out of time under Section 27 paragraph two and under Section 207 read with Section 199 quater paragraph one. The Supreme Court rejected the second argument outright: those provisions concern a new trial in a civil case and were a different matter from this one. The first defendant was not barred from making the application, which was governed by Section 27, applied through section 4 of the Act on the Establishment of Kwaeng Courts and Criminal Procedure in Kwaeng Courts B.E. 2499.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.