You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

April 27, 2020

Thailand Further Details Case Management and Judicial Procedure under the COVID-19 Crisis

On April 2, the president of the Supreme Court issued further details and guidance on the handling of cases during the COVID-19 outbreak in Measures for Case Management according to the Declaration of an Emergency Situation between March 26, 2020, and April 30, 2020, in all areas of the Kingdom of Thailand. The Thai judiciary’s initial response to the crisis had come in an announcement on March 24, 2020, that postponed most hearings until the end of May 2020 and enumerated a list of exceptions to this postponement.

The April 2 announcement—which could likely be extended—builds on this and specifies how postponed cases will be handled, addressing the cases by category. The first category is “special management cases,” which includes uncomplicated civil cases that can be completed relatively quickly (such as cases with no answer, or highly specific complaints that can be simply enforced); as well as criminal cases in the preliminary hearing stage and in which the plaintiff is a Thai citizen. The second category is “general cases.” For civil cases, this means more complicated cases, such as where the defendant has responded denying the complaint; for criminal cases, this includes prima facie cases as well as cases in which the prosecutor is the plaintiff. Finally, “special general cases” refers to general cases that have an especially significant amount of evidence requiring extended consideration.

The April 2 announcement recommends that the person responsible for the court services in question use his or her discretion in choosing whether to postpone any hearings scheduled to be held between April 1 and April 30, 2020—including some listed as exceptions in the March 24 announcement—as follows:

Special Management Cases

  • Witness examination hearings in criminal cases where the defendant pleads guilty or the defendant is in the custody.
  • Evidence inspection hearings in criminal cases.
  • Probate hearings.
  • Hearings for declaring a person disappeared.
  • Hearings to appoint guardians for a juvenile.
  • Hearings where a judge believes postponement would result in damages to the parties.

General Cases and Special General Cases

  • Hearings in criminal cases where the defendant is in custody.
  • Hearings in which a party is ready to present witnesses.
  • Hearings where a judge believes postponement would result in damage to the parties.

Scheduling of Postponed and New Hearings

The April 2 announcement specifies that in all cases, such as when a judge postpones a hearing a schedules a new one, no summons for a new hearing will be issued or served before April 30, 2020. Announcements to parties will be made by electronic media or telephone during this period. If the judge postpones a hearing but has not scheduled a new one, or if the process of determining a date for rescheduling is still underway, the court officer is directed to coordinate with the parties via electronic media or telephone, taking into account the number of cases scheduled for each day in order to avoid any crowd.

For new complaints or hearings that have not yet been scheduled, the court will handle the matters differently based on which of the above categories the cases fall into. For Special Management Cases, newly filed complaints should be scheduled for August–September 2020, depending on the number of cases. For General Cases and Special General Cases, new hearings will be rescheduled for dates after the postponed hearings.

Specific Procedural Contingencies

The April 2 announcement of the Supreme Court president also details how to handle some specific circumstances that may arise, mostly in regard to pending criminal cases.

If the defendant is in custody, whether in prison or elsewhere, communication with the defendant in criminal cases (e.g., asking whether he or she has a lawyer, reading and explaining the complaint, requesting an answer) and witness examination are to be performed at court in accordance with the Judicial Regulation on the Procedure of Criminal Cases.

Judgment hearings held between April 1 and April 30, 2020, are to be handled as follows:

  • For civil cases: As scheduled. If a party does not appear before the court, the court may read the judgment if it chooses (Civil Procedure Code, section 140(3), paragraph 2).
  • For criminal cases: If all defendants have been granted temporary release, the judgment hearing will be postponed and defendants kept informed of any developments. If a party asks the judge to read a judgment as it was scheduled, the judge can proceed by issuing any measure necessary for the safety of all relevant persons.

If some defendants or all defendants are imprisoned, the judge will read the judgment as it was scheduled to the defendant in accordance with the Judicial Regulation on the Procedure of Criminal Cases.

For cases where the deadline to submit an appeal or final appeal falls between April 1 and April 30, 2020, judges are directed to review any petition for extension in a way that is beneficial to the party. This is especially applicable in criminal cases, where the defendant must appear before the court officer at the time of submitting the appeal or final appeal. In this situation, the judge is directed to grant the deadline extension request.

To reduce the density of the prison population, thus lowering the chances of COVID-19 spreading inside prisons, judges are directed to consider granting temporary release in criminal cases, with additional conditions. For instance, the judge may mandate the defendant’s whereabouts, order the use of monitoring equipment, or appoint a custodian to chaperone the defendant. Judges are also directed to allow the accused  parties or defendants to present themselves via telephone or electronic media instead of by physical appearance at the court. Individuals to receive such consideration include any accused or defendant who has never been in custody, defendants granted temporary release in a criminal case, and defendants who have been sentenced to prison for five years or less in cases where the defendant did not submit an appeal or a final appeal.          

RELATED INSIGHTS​ 

December 3, 2025
Attorneys from Tilleke & Gibbins’ Bangkok office have contributed the Thailand chapter to Litigation 2026, published by Chambers and Partners. Litigation 2026 provides an overview of litigation procedures and practices across numerous jurisdictions. The guide is a key reference for businesses, in-house counsel, and legal professionals seeking to understand and compare litigation frameworks around the world. The Thailand chapter delivers analysis of 14 core areas of litigation, including: General characteristics of the legal system and court structure Litigation funding options and requirements Procedures for initiating lawsuits and pre-trial steps Discovery processes and injunctive relief Trial procedures and rules on evidence Settlement mechanisms and enforcement Damages and judgment considerations Appeal processes and cost issues Alternative dispute resolution and arbitration Developments and future outlook for dispute resolution in Thailand Each section offers practical guidance on navigating Thailand’s litigation landscape, providing useful context for international businesses and legal practitioners involved in dispute resolution matters. Chambers and Partners’ Global Practice Guides deliver expert commentary on key practice areas across jurisdictions, allowing readers to compare legislation, procedures, and practical considerations relevant to business operations. The Thailand chapter can be downloaded through the button below, and the full Litigation 2026 guide is available free of charge on the Chambers and Partners website.
December 3, 2025
Thailand’s Civil Court has issued a regulation targeting the use of artificial intelligence (AI) in the preparation of pleadings and other documents submitted to the court. Effective November 17, 2025, the regulation aligns with September 2025 guidance from the president of the Supreme Court, and aims to safeguard accuracy, transparency, and public confidence in civil adjudication. The regulation applies to all parties submitting pleadings or any documents to the Civil Court that are prepared using AI tools or contain AI-generated content. It subjects AI used for these purposes to strict requirements on verification, disclosure, and accountability. Core Obligations The regulation imposes four principal obligations: Lawyers who use AI remain subject to duties of honesty, responsibility to the court, professional standards, and legal ethics, including the duty to assess the appropriateness of the AI tool for the work. Parties and lawyers must verify the accuracy and completeness of all facts, legal provisions, and citations in AI-generated content before submission. Parties and lawyers must disclose to the court any AI-generated content by clearly marking the beginning and end of the AI-generated portion with prescribed statements (see below). Additionally, a certification confirming the use of AI must be provided at the end of the pleading or document, stating that AI was used for certain portions and that the party has reviewed and certifies the accuracy of factual and legal content. Parties and lawyers bear the same full legal and ethical responsibility for AI-generated content as they do for personally authored documents; they cannot evade responsibility or avoid liability by citing AI-related errors. Likewise, parties must ensure that any AI-generated content is truthful, accurate, and unbiased. Prescribed Disclosure Language Each instance of AI-generated content must be preceded by the statement “[The following content was prepared using artificial intelligence]” and must end with “[End
November 19, 2025
Litigation has its place in resolving business disputes, but it is often time-consuming and costly. In Thailand, a straightforward civil case can take a year or more to reach judgment at first instance, and appeals can extend that timeline further. Court filing fees are tied to the value of the claim, typically amounting to around two percent for claims up to THB 50 million, before accounting for attorney fees, translation costs, expert work, and the internal time that management must devote to the case. Against this backdrop, Thai law provides an alternative pathway for parties to attempt resolution before filing suit, and Thai courts commonly encourage mediation as part of the dispute-resolution process. Specifically, prelitigation mediation is a court-supervised process designed to facilitate confidential settlement discussions at an early stage. Participation is voluntary and requires the consent of both parties. The process does not replace litigation but is available in parallel as an initial step for interested parties. If the parties reach an agreement, the settlement can be recorded as a consent judgment that is directly enforceable in Thailand. If no settlement is reached, the parties retain their full right to proceed with a court claim. Reasons to Consider Prelitigation Mediation Prelitigation mediation can offer several advantages. It may shorten timelines from months or years to just weeks, reduce legal costs, and keep discussions confidential. It also allows parties to pursue practical, business-driven solutions or tailored remedies that address their specific needs—outcomes that may not be available through traditional litigation. To facilitate this process, under Thailand’s Civil Procedure Code, parties may petition the court to initiate prelitigation mediation before filing a suit. If the opposing party agrees, the court appoints a mediator to work with the parties under established mediation rules. In such a scenario, there are no court
November 13, 2025
The Land Department in Thailand’s Ministry of the Interior (MOI) plays a central role in ensuring the stability and legality of real estate transactions in the country. Its core responsibilities include issuing land title deeds, registering transactions (e.g., sales, mortgages, leases), conducting surveys for subdivision or consolidation of land, and providing information and guidance on land and property development laws. These administrative functions secure investor confidence and support transparency in the Thai property market, so any delay can have a significant impact. This is especially true for investors who depend on timely registration to secure or transfer property rights. Delays can create liquidity risks, postpone project timelines, and even reduce Thailand’s attractiveness as a real estate investment destination. This article explores the nature of these challenges, the legal framework governing the timelines for administrative actions, and remedies available under Thai law. Sources of Delay Procedural delays at land offices can arise for a variety of structural and operational reasons. These include approval processes that require several levels of internal review, heavy staff workloads, and occasional communication gaps within the bureaucratic chain. Many processes still rely upon manual documentation, which can prolong administrative steps and increase the likelihood of bottlenecks. Some delays stem from ongoing investigations into the legality of land titles. For example, a land title deed may have an annotation indicating that the title deed is under investigation to verify its legality. Even though this annotation does not legally prohibit the sale or transfer of the land, in practice, most prospective purchasers are reluctant to proceed with a transaction until the annotation is removed. As a result, the land can become effectively illiquid during the investigation period, leading to significant investment delays. While such investigations are essential to maintaining the integrity of Thailand’s land registration system, prolonged inquiries