Thailand Civil Procedure Code Section 247-252
TITLE II
PETITION
Section 247.244 A petition of the judgement or order of an appeal court may be made when permission is obtained from the Supreme Court.
In the request for the permission to present a petition, a motion shall be filed together with the petition with the court of first instance issuing the judgement or order in such case within one month from the date on which a judgement or order of the appeal court has been pronounced. The court of first instance shall immediately forward such motion together with the petition to the Supreme Court and the Supreme Court shall complete its consideration and decision for such motion at prompt.
Section 248.245 The motion under section 247 shall be considered and decided by a panel of judges appointed by the President of the Supreme Court, consisting of the Vice President of the Supreme Court and at least three judges from the Supreme Court who hold a position not lower than a judge of the Supreme Court.
The decision shall be made by a majority of votes, and in the case of an equality of votes, the opinion of those allowing for the petition shall be governed.
Section 249.246 The Supreme Court may consider permitting the petition under section 247 when it views that the questions under the petition are important for the Supreme Court to decide.
An important question under paragraph one shall include the following:
- Questions relating to public interest or public order;
- When a judgement or order of the appeal court decides important points of law which are conflicting to each other or are in conflict with the general precedent of judgements or orders of the Supreme Court;
- When a judgement or order of the appeal court decides important points of law for which there is no precedent judgement or order of the Supreme Court;
- When a judgement or order of the appeal court is in conflict with final judgements or orders of other courts;
- For the purpose of the development of legal interpretation;
- Any other important questions in accordance with the Regulations of the President of the Supreme Court.
The Regulations of the President of the Supreme Court under paragraph two (6) shall come into force after approved by the general assembly of the Supreme Court and upon their publication in the Government Gazette.
In the case where the Supreme Court issues an order rejecting the permission for the petition, the judgement or order of the appeal court shall become final from the date of its pronouncement.
Section 250. 247 The criteria and procedures for the filing of the motion, the consideration and decision and the time period for the consideration of the motion under section 247, the examination for acceptance of a petition, the amendment of a petition, the trial and adjudication of a case, including the order for the refund of costs shall be as prescribed in the Regulations of the President of the Supreme Court.
The Regulations of the President of the Supreme Court under paragraph one shall come into force after approved by the general assembly of the Supreme Court and upon their publication in the Government Gazette.
Section 251.248 In a case in which a petition is allowed only on questions of law, if the Supreme Court views that the judgement or order of the appeal court is incorrect, in whole or in part, the Supreme Court may decide the questions of law and dismiss the judgement or order of the appeal court or of the court of first instance, as the case may be, and then issue an order for the appeal court or the court of first instance, as the case may be, to give a new judgement or order under the framework of the Supreme Court’s decision.
Section 252.249 In the case where there is no Regulation of the President of the Supreme Court under section 250 stating otherwise, the provisions of Title I governing appeal shall apply, mutatis mutandis.
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