Section 246 — Trial rules apply to appeal proceedings
Statutory text (Thai original)
เว้นแต่ที่ได้บัญญัติไว้ดังกล่าวมาข้างต้น บทบัญญัติแห่งประมวลกฎหมายนี้ว่าด้วยการพิจารณาและการชี้ขาดตัดสินคดีในศาลชั้นต้นนั้น ให้ใช้บังคับแก่การพิจารณาและการชี้ขาดตัดสินคดีในชั้นศาลอุทธรณ์ได้โดยอนุโลม
English translation
Except as otherwise provided above, the provisions of this Code on the trial and decision of cases in the court of first instance shall apply mutatis mutandis to the trial and decision of cases at the appellate level.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 246 is a gap-filling provision that imports the general trial rules into the appeal stage rather than restating them. It applies only where the appeal Title (Sections 223 onward) does not provide a special rule, and it applies mutatis mutandis, meaning with the adaptations the appellate context requires. A common effect is that the trial court's powers, such as the power under Section 142(5) to raise a point of public order on the court's own motion, are available to the Court of Appeal. Section 252 in turn carries these adapted rules further up to the Supreme Court on a dika.
Why this matters in practice
The practical takeaway is that the Court of Appeal is not limited to the points the parties raise: because trial-court powers carry over, the appellate court can, for example, correct an unlawful interest rate or a wrong costs order on its own motion when it touches public order, even if no party raised it. That can help or hurt you, so a good appeal brief anticipates issues the court may pick up itself. For tailored guidance, consider an online consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4684/2568 (2025)
A point of law concerning public order may be raised and corrected by the court on its own motion even where no party raised it, using the trial-court power in Section 142(5) applied at the appellate and dika levels through Sections 246 and 252.
The interest awarded below was unlawful and exceeded the trial court's judgment. The Supreme Court held this a public-order point it could raise on its own motion and corrected the interest rate, using Section 142(5) with Sections 246 and 252.
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Supreme Court Judgment No. 948/2568 (2025)
A wrong or missing order on court fees is a public-order point the court may correct on its own motion, using Section 142(5) applied at the appellate and dika levels through Sections 246 and 252.
The lower courts had failed to make a proper order on court fees. The Supreme Court held this a public-order point it could raise on its own motion and corrected it, applying Section 142(5) with Sections 246 and 252.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Do the ordinary trial rules apply on appeal?
Yes. Section 246 applies the court of first instance's rules on trial and decision to the appellate level, mutatis mutandis, unless the appeal Title says otherwise.
Can the Court of Appeal raise a legal issue no one argued?
Yes, where it concerns public order. Through Section 246 the court has the trial-court power under Section 142(5) to raise and correct such an issue on its own motion.