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.
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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. The next two rules are civil only. In a civil appeal the appellant pays a court fee on the amount disputed, and where that amount does not exceed 50,000 baht the parties may raise questions of law only, unless a judge who sat at first instance dissented or certified that there was reasonable ground, or permission to appeal is given (Civil Procedure Code Section 224). Neither rule reaches a criminal appeal: Section 252 of the Criminal Procedure Code forbids the courts of justice to charge a fee in a criminal case, and the bar on appealing the facts there is set by Section 193 bis on the maximum penalty, not by an amount in dispute.
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 criminal defendant sentenced to imprisonment who is not in custody must present himself to the court officer when filing, unless the prison term was suspended or has been fully served (Criminal Procedure Code Section 198). 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 no permission is needed, but an appeal on the facts to the Supreme Court is barred where the Court of Appeal affirmed or only slightly varied the judgment and the sentence is five years or less (Criminal Procedure Code Section 218), or where the sentence at both levels stays within two years or 40,000 baht (Section 219), and no dika lies at all where both lower courts dismissed the charge (Section 220), unless a judge in the case or the Attorney-General certifies the appeal (Section 221).
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 is the stage to prepare properly.
Last reviewed: 29 September 2026. Civil Procedure Code sections 224, 229, 231, 247 and 248, Criminal Procedure Code sections 193 bis, 198, 216, 218 to 221 and 252 (current Council of State consolidation) and sections 3 and 5 of the Act establishing the Court of Appeal for Specialised Cases B.E. 2558 were read in Thai. The regional seats and the time to judgment are stated as commonly described.
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?
Normally not. The Court of Appeal usually decides on the written record: the transcript of the first trial, the exhibits and the written appeal and reply. Where that record leaves it unsatisfied it may re-hear witnesses or take further evidence (Civil Procedure Code Section 240), but normally there is no new evidence and 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 affirmed a sentence of five years or less, and no dika lies at all where both lower courts dismissed the charge, unless a judge in the case or the Attorney-General certifies it (Criminal Procedure Code Sections 218 to 221).
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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