Section 180 — Time to apply for amendment
Statutory text (Thai original)
การแก้ไขคำฟ้องหรือคำให้การที่คู่ความเสนอต่อศาลไว้แล้ว ให้ทำเป็นคำร้องยื่นต่อศาลก่อนวันชี้สองสถาน หรือก่อนวันสืบพยานไม่น้อยกว่าเจ็ดวัน ในกรณีที่ไม่มีการชี้สองสถาน เว้นแต่มีเหตุอันสมควรที่ไม่อาจยื่นคำร้องได้ก่อนนั้นหรือเป็นการขอแก้ไขในเรื่องที่เกี่ยวกับความสงบเรียบร้อยของประชาชน หรือเป็นการแก้ไขข้อผิดพลาดเล็กน้อยหรือข้อผิดหลงเล็กน้อย
English translation
An amendment of a complaint or answer that a party has already submitted to the court shall be made by a motion filed with the court before the day of the settlement of issues, or not less than seven days before the day of taking evidence where there is no settlement of issues, unless there is reasonable cause preventing the motion from being filed before that time, or the amendment sought concerns public order, or it is the correction of a minor error or a minor slip.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 180 supplies the timing and form for the amendments defined in Section 179. The general rule is a deadline tied to case management: the motion must come before the settlement-of-issues day, or at least seven days before evidence-taking where there is no settlement of issues. Three exceptions relax that deadline, reasonable cause for late filing, amendments touching public order, and correction of minor errors or slips. The section is procedural and applies by analogy in special proceedings, such as consumer cases, where their own rules are silent. Whether a late amendment fits an exception is a common battleground on appeal.
Why this matters in practice
Diary the amendment deadline the moment issues are likely to be settled: the safe window is before the settlement-of-issues day, or at least seven days before evidence-taking if there is none. If you miss it, you must fit one of the three exceptions, and courts scrutinise claims of reasonable cause. Corrections of typographical or clerical slips are usually allowed at any time, but do not rely on that label to sneak in substantive changes.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6542/2567 (2024)
Because the Consumer Case Procedure Act and the Chief Justice's regulations do not specifically provide for amending the answer, Section 180 applies by analogy, requiring the amendment motion before the settlement-of-issues day or seven days before evidence-taking, subject to the stated exceptions.
In a consumer case, the Court applied Section 180 by analogy to a request to amend the answer, quoting the general deadline and its exceptions for reasonable cause, public order, and minor errors.
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Supreme Court Judgment No. 3687/2565 (2022)
Although Section 180 requires an amendment of the answer to be filed by motion before the settlement-of-issues day, the same provision excepts cases of reasonable cause preventing earlier filing, matters of public order, and correction of minor errors or slips, in which the amendment may still be made.
The Court upheld leave to amend the defendants' answer, confirming that the exceptions in Section 180 permit an amendment even after the ordinary deadline where one of the listed grounds applies.
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Supreme Court Judgment No. 4269/2565 (2022)
A motion to amend the complaint by increasing the sum in dispute, where the original and later complaints are connected enough to be tried together, is proper under Section 179 and Section 180.
After further building damage was discovered, the Court held the plaintiff's motion to amend and increase the sum in dispute complied with both Section 179 and the timing rule of Section 180.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When must an amendment motion be filed in a Thai civil case?
Before the settlement-of-issues day, or at least seven days before the day evidence is taken if there is no settlement of issues, under Section 180.
Can I amend after the deadline?
Only if there is reasonable cause you could not file earlier, the amendment concerns public order, or it corrects a minor error or slip. Courts examine these grounds closely.
Does this deadline apply in consumer cases?
Where the Consumer Case Procedure Act and the Chief Justice's regulations are silent on amending pleadings, Section 180 applies by analogy.