Section 247 — Leave required to dika to the Supreme Court
Statutory text (Thai original)
การฎีกาคำพิพากษาหรือคำสั่งของศาลอุทธรณ์ ให้กระทำได้เมื่อได้รับอนุญาตจากศาลฎีกา
การขออนุญาตฎีกา ให้ยื่นคำร้องพร้อมกับคำฟ้องฎีกาต่อศาลชั้นต้นที่มีคำพิพากษาหรือคำสั่งในคดีนั้นภายในกำหนดหนึ่งเดือนนับแต่วันที่ได้อ่านคำพิพากษาหรือคำสั่งของศาลอุทธรณ์ แล้วให้ศาลชั้นต้นรีบส่งคำร้องพร้อมคำฟ้องฎีกาดังกล่าวไปยังศาลฎีกา และให้ศาลฎีกาพิจารณาวินิจฉัยคำร้องให้เสร็จสิ้นโดยเร็ว
English translation
A dika against a judgment or order of the Court of Appeal may be made only when leave has been granted by the Supreme Court.
An application for leave to dika shall be filed, together with the petition of dika, with the court of first instance that gave the judgment or order in the case, within one month from the day the judgment or order of the Court of Appeal was read. The court of first instance shall promptly forward the application together with the petition of dika to the Supreme Court, and the Supreme Court shall consider and decide the application without delay.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 247 is the gateway to the Supreme Court under the leave-based system introduced in 2015. It sets three key requirements: leave from the Supreme Court is compulsory; the leave application must be filed together with the petition of dika at the court of first instance; and the deadline is one month from the reading of the Court of Appeal judgment, which is why the reading date under Section 244 matters so much. The court of first instance is only a filing point, forwarding the papers to the Supreme Court. The criteria the Supreme Court uses to grant or refuse leave are set out in Section 249.
Why this matters in practice
The one-month deadline is strict and runs from the reading of the appeal judgment, so calendar it immediately and prepare the leave application and the dika together, because filing one without the other will not do. Missing the deadline or filing the wrong papers ends your case. Given the narrow criteria and the tight timing, get a Thai lawyer onto the leave application as soon as the Court of Appeal rules.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1020/2567 (2024)
Under Section 247, a dika against a Court of Appeal judgment may be made only with the Supreme Court's leave, applied for together with the petition of dika at the court of first instance within one month of the appeal judgment reading.
The Supreme Court's petitions and leave division applied Section 247, quoting that a dika may be made only on leave and that the leave application must be filed with the petition of dika at the court of first instance within one month of the reading.
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Supreme Court Judgment No. 4081/2564 (2021)
Where the Court of Appeal's civil judgment is final under Section 244/1, a party may dika only by filing a leave application with the petition of dika and obtaining the Supreme Court's leave under Section 247.
Because the civil judgment was final under Section 244/1, the defendant could dika only with the Supreme Court's leave under Section 247. The trial judge's order granting leave on a question of fact was improper, and the Supreme Court itself assessed whether the dika raised an important question.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can I dika to the Supreme Court as of right?
No. Under Section 247 a dika may be made only when the Supreme Court grants leave, so you must apply for leave first.
How long do I have to apply for leave to dika?
One month from the day the Court of Appeal judgment or order is read. The leave application must be filed together with the petition of dika at the court of first instance.
Where do I file the leave application?
With the court of first instance that decided the case. It forwards the application and the dika to the Supreme Court, which decides without delay.