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Legal guides written by Smart Legal Solutions:
Legal guides written by GPS Legal:
Under Thai law, an appeal or appellate review is a legal process where a higher court is asked to reassess a decision made by a lower court. This forms a crucial part of the judicial process in Bangkok. The decisions may have been decided during civil or criminal trials. The main objective of an appeal is to correct errors that occurred in the proceedings of the lower court or challenge the interpretation of the law.
An individual may need assistance from a lawyer to handle an appeal if they believe they were wrongly convicted, legally misadvised, or that the law was incorrectly interpreted in their case. Raising an appeal also requires comprehensive understanding of legal procedures and technical legal language. Lawyers are typically required to draft compelling written arguments, citing relevant laws, precedents and evidence to strengthen your case.
In Bangkok, the appeals process commences with the filing of an appeal notice to the court that issued the initial ruling. The case is then forwarded to the Appellate Court, and the appellant needs to present grounds for the appeal. The appellate court normally only reviews the evidence that was presented in the lower court. However, new evidence may occasionally be presented under specific circumstances under section 269 of the Thai Code of Civil Procedure.
1. How long do I have to appeal a decision in Bangkok?
The appeal should be filed within one month from the date the judgement was given or announced.
2. Can I appeal any type of decision?
Not all decisions are appealable. Generally, final judgments are appealable, but interlocutory orders or preliminary decisions may not be.
3. Can I present new evidence in my appeal?
New evidence is usually not accepted during Appeals. However, there can be exceptions laid out in section 269 of the Thai Code of Civil Procedure.
4. How long does the appeal process take?
The length of the appeal process can vary greatly and may depend on the complexity of the case and the court's schedule.
5. If I lose my appeal, can I appeal again?
If an appeal is unsuccessful, a further appeal may be raised to the Supreme Court. However, this is only possible for cases meeting certain criteria.
The Office of Judiciary in Bangkok can provide additional official information about the appeal process in Bangkok. Independent bodies such as the Lawyers Council of Thailand also offers resources and can provide legal representatives for those who need assistance.
If you need legal assistance for an Appeal in Bangkok, start by consulting with a local lawyer who specializes in appellate matters. They can help guide you through the process, identify potential grounds for appeal, and draft your appeal documents. Be sure to engage a lawyer promptly due to the strict time limits in place for filing an appeal.
