Civil Case with a Decision to Suspend Resolution: Is There a Right to Refile the Lawsuit?

Pursuant to Article 218 of the 2015 Civil Procedure Code, the following regulations apply:

- When there is a decision to suspend the resolution of a civil case, the parties involved do not have the right to file a lawsuit requesting the Court to re-resolve the same case, provided that the subsequent lawsuit is not different from the previous case in terms of the plaintiff, defendant, and the legal relationship in dispute, except for the cases stipulated in Clause 3 of Article 192, Point c Clause 1 Article 217 of this Code, and other cases as regulated by law.

- In the event that a Court issues a decision to suspend the resolution of a civil case as per Point a and Point b Clause 1 Article 217, or because the plaintiff has been duly summoned for the second time but is still absent as stipulated in Point c Clause 1 Article 217 of this Code, the advance court fees that the parties have paid shall be appropriated into the State Treasury.

- In the event that a Court issues a decision to suspend the resolution of a civil case because the plaintiff withdraws the entire lawsuit request as stipulated in Point c and other cases stipulated in Points d, dd, e, and g Clause 1 Article 217 of this Code, the advance court fees that the parties have paid shall be returned to them.

- The decision to suspend the resolution of a civil case can be appealed or protested according to appellate procedures.

=> Therefore, if there is a decision to suspend the resolution of a civil case, the parties are only entitled to re-file a lawsuit if the lawsuit meets the requirements stipulated in Clause 1 Article 218 of the Code.

Respectfully.