Section 200 — Service of the Appeal for the Reply
Statutory text (Thai original)
ให้ศาลส่งสำเนาอุทธรณ์ให้แก่อีกฝ่ายหนึ่งแก้ภายในกำหนดสิบห้าวันนับแต่วันที่ได้รับสำเนาอุทธรณ์
English translation
The court shall serve a copy of the appeal on the other party to reply within fifteen days from the day of receiving the copy of the appeal.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 200 secures the adversarial character of the appeal stage by placing the duty to serve the appeal on the court and giving the responding party fifteen days from receipt to file a reply. Service is a duty of the court, not of the appellant, and it must be effected in a manner the law recognizes; substituted service by posting at the party's address is proper only where the recognized grounds exist, such as the party cannot be found, is evading, or refuses the document. If the Court of Appeal proceeds to decide without a copy having been validly served, the process is defective. Because this touches non-compliance with the Code's appeal provisions, it is a public-order defect that can be raised on its own under Section 195 paragraph 2, and it links closely to Section 201 on forwarding the record once the reply stage is complete.
Why this matters in practice
As the responding party, watch for service of the appeal: once you receive the copy, you have only fifteen days to file your reply, so do not let that window slip. If you are never validly served, for example the court posts the copy at an address where you no longer live without proper grounds, and the Court of Appeal decides anyway, that is a serious procedural defect you can raise, even for the first time on further appeal, as a public-order point. Keep your address on file current and check the docket. If you have been denied the chance to reply, get advice quickly through a paid consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 226/2567 (2024)
Substituted service by posting is proper only where the party cannot be found, is evading, or refuses the document; if none applies, deciding the appeal without valid service breaches Section 200.
The Supreme Court held that posting the copy of the prosecutor's appeal at the defendant's address could not be treated as a case where the defendant could not be found, was evading, or refused it under Section 201. The Court of Appeal's decision without serving the defendant a copy to reply was therefore contrary to Section 200; the judgment was set aside and the case returned for proper service.
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Supreme Court Judgment No. 3244/2563 (2020)
Service of the copy of the appeal for reply must comply with Section 200; where service on a person under twenty was improperly effected, the process may be revoked.
The defendant complained that service of the copy of the appeal and the hearing notice was made through a person under twenty years of age, and sought to revoke the irregular process. The Supreme Court examined the requirement of Section 200 that the court serve the copy of the appeal for the other party to reply within fifteen days of receipt in ruling on whether the Court of Appeal Region 1's order was lawful.
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Supreme Court Judgment No. 2064/2562 (2019)
Serving the copy of the appeal is the court's duty under Section 200; even if the court wrongly ordered the appellant to effect service, that does not by itself defeat the appellant's rights.
The Supreme Court held that serving the copy of the appeal on the defendant must follow Section 200, under which the court, not the appellant, has the duty to serve. Although the trial court had wrongly directed the plaintiff to effect service and pay the fees, the court examined whether the plaintiff had truly neglected the case when the officer could not find the defendant's address.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How long do I have to reply to the other party's appeal?
Under Section 200, once the court serves you a copy of the appeal you have fifteen days from receipt to file your reply.
Whose job is it to serve the appeal on the other side?
It is the court's duty under Section 200 to serve the copy of the appeal, and service must be done in a manner the law recognizes. Posting at an old address without proper grounds may be defective.
What happens if the Court of Appeal decides without serving me the appeal?
That is a procedural defect under Section 200. It can be raised as a public-order point, and the case may be sent back so a copy is properly served for you to reply before it is decided.