Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Notice of Appeal to Court of Appeal
Template guide for filing a Notice of Appeal against a judgment of the Court of First Instance to the Thai Court of Appeal, including grounds for appeal and required certifications.
When to Use
When you wish to challenge a judgment from a Court of First Instance (e.g., Civil Court, Criminal Court, Provincial Court) by filing an appeal to the Court of Appeal within the statutory deadline.
Key Clauses
Court of First Instance Details
Full name of the court that issued the original judgment, the division or branch, and the court's address.
Case Number & Judgment Date
The original case number (Red number), the date the judgment was read, and the date the written judgment was issued.
Appellant Details
Full legal name, ID/passport number, address, and status in the original case (plaintiff, defendant, third party). If a company, include registration number.
Respondent Details
Full legal name, ID/passport number, address, and status in the original case of the opposing party.
Grounds for Appeal — Errors of Law
Specific legal errors in the lower court's judgment: misinterpretation of statutes, incorrect application of legal principles, procedural violations, or constitutional issues.
Grounds for Appeal — Errors of Fact
Factual findings that were clearly erroneous, unsupported by evidence, or where the court drew incorrect inferences from the evidence presented.
Grounds for Appeal — New Evidence
If applicable, description of newly discovered evidence that could not reasonably have been presented at trial, and why it is material to the outcome.
Relief Sought
Specific outcome requested: reversal of judgment, modification of damages or sentence, remand for new trial, or other specific relief.
Filing Fee Receipt
Reference to the court filing fee payment receipt. Civil appeals require a fee based on the amount in dispute. Criminal appeals by the defendant are generally fee-exempt.
Lawyer Certification
Licensed lawyer's name, Thai Bar Association number, certification that the appeal is filed in good faith and within the statutory deadline, and signature.
Warnings
Appeal deadline: 1 month from the date the judgment is read in court. Missing this deadline forfeits the right to appeal (except in extraordinary circumstances).
For criminal cases, the defendant can appeal both conviction and sentence; the prosecution can only appeal on points of law.
The Court of Appeal can increase a sentence on a prosecution appeal — defendants should be aware of this risk if the prosecution also appeals.
Filing an appeal does not automatically stay execution of the judgment — a separate application for stay of execution may be needed.
In civil cases, the appeal fee is 2% of the disputed amount (minimum THB 200, maximum THB 200,000).
Appeals must be filed through the Court of First Instance, not directly to the Court of Appeal.
Professional Legal Assistance
When a matter involves investigation, arrest, detention, litigation, or regulatory action, professional legal representation becomes essential.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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