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How to Appeal a Court Decision in Turkey: Istinaf, Temyiz and Deadlines

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Which route you use to challenge a court decision depends on the type of decision and on the court that made it: in civil and criminal cases, a first-instance decision is challenged by an appeal to the regional court of appeal (istinaf), a decision of the regional court of appeal by an appeal on points of law (temyiz), and a decision of a criminal judgeship of peace by an objection (itiraz). The time limits are short and, as a rule, start to run from service of the decision (tebliğ) or from its pronouncement in your presence (tefhim).

In this guide we look at the routes for challenging a court decision one by one: which decision goes where, when the time limits begin, which sections a petition has, how to apply through UYAP and which decisions the higher court can make. If you would first like an overview of how the court levels are structured, see our article on the Turkish court system.

What Are the Ways to Challenge a Court Decision?

In Turkish law, challenging a court decision is not a single type of application; what everyday language calls an "objection" (itiraz) may technically be an istinaf appeal, a temyiz appeal or an objection in the narrow sense. Choosing the right route decides whether the application will be examined at all.

  • Istinaf (appeal): A fresh review, on both the facts and the law, of a final decision of a first-instance court (such as a civil court of first instance, commercial court, labour court, criminal court of first instance, high criminal court, administrative court or tax court) by the regional court of appeal (bölge adliye mahkemesi) or the regional administrative court (bölge idare mahkemesi).
  • Temyiz (appeal on points of law): A review for compliance with the law of decisions of the regional courts of appeal by the Court of Cassation (Yargıtay) and, in the cases listed in the law, of decisions of the regional administrative courts by the Council of State (Danıştay).
  • Objection in the narrow sense (itiraz): A faster legal remedy used mainly in criminal procedure against interim decisions, such as decisions of the criminal judgeships of peace (sulh ceza hakimliği) and decisions of judges. In civil cases, the law also provides a separate objection against certain forms of interim legal protection, such as an interim injunction (ihtiyati tedbir).
  • Individual application to the Constitutional Court (Anayasa Mahkemesi): This is not a legal remedy against the decision; it is a separate application, made after the ordinary remedies have been exhausted, alleging a violation of fundamental rights.

The rectification procedure (karar düzeltme) of the old system has largely fallen out of use for new cases since the regional courts of appeal began operating in 2016. Today, in a civil case, as a rule, no ordinary domestic remedy remains after a Court of Cassation decision.

Istinaf and Temyiz Time Limits: Comparison Table

The most common mistake with time limits for challenging a court decision is to assume that the period is the same in every branch of the judiciary. The table below summarises the general rules as of 2026; remember that special laws may set different periods.

Type of decisionRemedy and legal basisTime limit (as a rule)Start of the period
First-instance decision in a civil caseIstinaf, Code of Civil Procedure No. 6100 (HMK) Article 341 et seq.Two weeks (HMK Article 345)Service of the decision
Decision of a civil chamber of the regional court of appealTemyiz, HMK Article 361 et seq.Two weeks (HMK Article 361)Service of the decision
First-instance judgment in a criminal caseIstinaf, Code of Criminal Procedure No. 5271 (CMK) Article 272 et seq.Two weeks (CMK Article 273)Pronouncement of the judgment; service, if it was given in absentia
Decision of a criminal chamber of the regional court of appealTemyiz, CMK Article 286 et seq.Two weeks (CMK Article 291)Pronouncement or service of the decision
Decision of a criminal judgeship of peaceObjection, CMK Articles 267 to 271Seven days (CMK Article 268)Learning of the decision, or service
Decision of an administrative or tax courtIstinaf, Administrative Procedure Law No. 2577 (İYUK) Article 45Thirty daysService of the decision
Decision of a regional administrative court (where open to temyiz)Temyiz, İYUK Article 46Thirty daysService of the decision
Final decision (alleged violation of a fundamental right)Individual application to the Constitutional CourtThirty daysLearning of, or service of, the last decision (whichever is earlier)

Three details in calculating the period can change the outcome. With electronic service (e-tebligat), service is deemed to take place at the end of the fifth day after the message reaches the electronic address. In civil cases, if the last day of the period falls within the judicial recess (adli tatil) between 20 July and 31 August (except for matters dealt with during the recess), the period is deemed extended by one week from the day the recess ends. If the last day falls on an official holiday, the period ends at the close of working hours on the first following working day.

Istinaf and Temyiz in Civil Cases

In civil cases, a court decision is challenged first by istinaf before the regional court of appeal and then, if necessary, by temyiz before the Court of Cassation. The sequence is usually the same in cases such as divorce, debt collection, cancellation of a title deed, employee receivables or determination of rent.

Istinaf application

The istinaf period is two weeks from service of the reasoned judgment (gerekçeli karar) on the parties. The short decision (kısa karar) announced at the hearing does not start this period; it begins to run when the reasoned judgment is served on you. As a rule, the istinaf petition is filed with the first-instance court that gave the decision; in practice, a petition filed with a court in another town is also registered and sent on to the relevant court. When reviewing the case, the regional court of appeal is, as a rule, bound by the grounds raised in the petition; it does, however, take breaches of public order into account of its own motion. Submitting new evidence at the istinaf stage is restricted and is possible only in the exceptional cases the law allows.

Temyiz application

The temyiz period is also two weeks from service of the decision of the regional court of appeal. Temyiz is not a fresh assessment of the facts but a review of whether the law has been applied correctly. In a temyiz petition, therefore, the emphasis should be on unlawfulness in how the evidence was assessed and on procedural errors, rather than on objections such as "the witness did not tell the truth".

Monetary thresholds

Decisions given in property cases below a certain amount are final; they cannot be challenged by istinaf or temyiz. These monetary thresholds for istinaf and temyiz are updated every year according to the revaluation rate. Confirm the current amount, based on the threshold in force on the date of the decision, from the announcements in the Official Gazette (Resmi Gazete) or with your lawyer. Decisions on matters that cannot be measured in money, such as personal status, civil registry records and custody, are, as a rule, open to appeal regardless of the monetary threshold. For remedies in family law disputes, see our civil law practice area.

Istinaf, Temyiz and Objection in Criminal Cases

In criminal cases, a court decision is challenged by istinaf, temyiz or objection in the narrow sense, depending on the type of decision. Decisions in the nature of a judgment (such as conviction, acquittal or discontinuance of the case) are subject to istinaf and temyiz, while decisions such as detention on remand (tutuklama) or judicial control (adli kontrol) are subject to objection.

Istinaf and temyiz time limits

Following the amendment made in 2021 by Law No. 7331, the istinaf and temyiz periods in the CMK are two weeks (CMK Articles 273 and 291). Previously, the istinaf period was seven days and the temyiz period fifteen days; relying today on the periods mentioned in older case law is dangerous. The period starts when the judgment is pronounced in the defendant's presence or, for judgments given in the defendant's absence, on service. The application can be made by petition or by a statement to the court clerk (zabıt katibi) that is entered in a record; defendants in detention can also apply through the prison administration. In practice, although a failure to give reasons is not treated as a bar to review in criminal cases, an application without reasons can mean that your strongest argument is left unexamined. Not every criminal decision is open to temyiz; the law excludes certain penalties and decisions from it. For details, see our article on temyiz procedures in criminal cases and our criminal law practice area.

Objection to decisions of the criminal judgeship of peace

An objection to decisions of the criminal judgeship of peace is made within seven days under CMK Articles 267 to 271. Objections to decisions on detention on remand, judicial control, search and seizure are made this way. An objection to the prosecutor's decision of non-prosecution (kovuşturmaya yer olmadığına dair karar), on the other hand, is subject to a separate time limit and is made to the criminal judgeship of peace. The objection is submitted to the judgeship that gave the decision; if the judgeship finds the objection justified, it corrects its decision, and if not, it sends the file to the authority competent to examine the objection, as a rule the next criminal judgeship of peace in sequence. Against decisions on the deferral of the announcement of the verdict (hükmün açıklanmasının geri bırakılması, HAGB), however, the remedy for decisions given on or after 1 June 2024 is istinaf, not objection (CMK Article 231). This rule was introduced by Law No. 7499 and was kept when the article was rewritten by Law No. 7589 of 31 July 2026; the cases the law declares final (CMK Article 272/3) are reserved. For HAGB decisions given before 1 June 2024, the objection route continues to apply under the transitional provision. Identifying the right route according to the date of the decision is one of the points defendants most often confuse.

Istinaf and Temyiz in the Administrative Courts

Under Administrative Procedure Law No. 2577, the period for istinaf and temyiz against decisions of the administrative and tax courts is thirty days from service of the decision. The istinaf application is made to the regional administrative court. Temyiz to the Council of State against decisions of the regional administrative courts is possible only for the decisions listed in the law; for example, tax cases and full remedy actions (tam yargı davaları) above a certain amount, and annulment actions against regulatory acts, fall within this scope. In some expedited procedures the periods are shorter. Against decisions on a request for a stay of execution (yürütmenin durdurulması), that is, decisions granting or rejecting the request, an objection can be made once only, within seven days of service (İYUK Article 27/7); objections against decisions of administrative and tax courts are made to the regional administrative court. For examples, you can read our articles on administrative law and appeal procedures and appeal rights in tax disputes.

Individual Application to the Constitutional Court

Under Article 47/5 of Law No. 6216 on the Constitutional Court, an individual application to the Constitutional Court is made within thirty days of the date on which the remedies were exhausted, which in practice means from learning of, or being served with, the last decision. If the decision was learned of before service, for example through UYAP, the Constitutional Court starts the period from the date of learning. This route is used not on the claim that the decision is "wrong" but on the claim that a fundamental right protected by the Constitution and the European Convention on Human Rights (such as the right to a fair trial, the right to property or freedom of expression) has been violated. Going directly to the Constitutional Court without ever using istinaf or temyiz leads to the application being declared inadmissible. Once domestic remedies have been fully exhausted, an application to the European Court of Human Rights may also come into consideration; the details are in our article on the ECtHR application form.

How Do You Prepare an Istinaf or Temyiz Petition?

The istinaf or temyiz petition is the document that determines how the higher court will read the file; it should therefore be built around your own file rather than by filling in a ready-made form. A petition usually has the following sections:

  1. Heading: The court to which the petition is addressed (for example, the relevant regional court of appeal, through the court that gave the decision).
  2. File details: Docket (esas) and decision (karar) numbers, date of the decision and date of service.
  3. Parties and representatives: Identity details and addresses.
  4. Summary of the decision: What the court decided, stated briefly and neutrally.
  5. Grounds of appeal: Procedural and substantive errors, each under a separate heading and with references to the documents in the file.
  6. Legal grounds and evidence: The provisions of law relied on and the relevant evidence in the file.
  7. Conclusion and request: A clear request for the decision to be set aside, quashed or corrected, and a request for a hearing, if any.
  8. Signature and date: An electronic signature when the petition is sent through UYAP.

At Karanfiloglu Law Firm, the most common problem we see in files in Istanbul is a petition that explains how right the party was in the case rather than why the decision is wrong. The higher court wants you to show it where the first-instance court went wrong.

Fees, Costs and Applying Through UYAP

For an istinaf or temyiz application you pay an application fee, in some cases a decision fee, and an advance on costs for sending the file and for service. These amounts are updated every year under the tariff of the Fees Law No. 492; check the current amount on UYAP or at the cashier's office of the relevant court on the day you apply. In civil cases, if the fees and costs are underpaid, the court gives a short period to make up the shortfall; if it is not made up within that period, the application may be deemed withdrawn. You should therefore not leave the fees until the last day.

The application can be made by handing in a petition at the front office (ön büro) of the courthouse, or electronically:

  • Lawyers send the application through the UYAP Lawyer Portal with an electronic signature and pay the fee online.
  • Individuals can view their files through the UYAP Citizen Portal with their e-Devlet password (e-Devlet is the Turkish government portal); to send a petition, however, they need to log in with an electronic signature or mobile signature.
  • The date on which the petition is registered in the system is accepted as the application date; keep the registration record generated after you send it.

What Happens After the Application?

Once a petition challenging a court decision has been filed, it is served on the other party, the other party responds, and the file is sent to the higher court. The review may be carried out with or without a hearing. The regional courts of appeal may hold a hearing depending on the state of the file; at the Court of Cassation, the review is as a rule carried out on the file, and a hearing comes into play only in the cases provided by law and on request.

The main decisions the higher court can make are:

  • Dismissal on the merits (esastan ret): If the regional court of appeal finds the decision correct, it dismisses the application; the decision stands as given by the first-instance court.
  • Setting aside (kaldırma): The regional court of appeal sets the decision aside and either sends the file back to the first-instance court to be heard again or gives a new decision on the merits itself.
  • Upholding with correction (düzelterek onama): If the error concerns a point that does not require a retrial (for example, the start date of interest or a calculation error), the Court of Cassation corrects the decision and upholds it.
  • Quashing (bozma): If the Court of Cassation finds the decision unlawful, it quashes it and the file is sent to the relevant court to be examined again.
  • Upholding (onama): If the decision is found lawful, it is upheld and becomes final.

Durations vary with the workload. In practice, review by a regional court of appeal can often take anywhere from a few months to more than a year, and review by the Court of Cassation can similarly stretch from months to one or two years. In civil and administrative cases, applying for a legal remedy does not, as a rule, by itself stop enforcement of the decision; a stay may require a separate request or security. In criminal cases, by contrast, a timely istinaf or temyiz application prevents the judgment from becoming final (CMK Articles 275 and 293). Which route is open in your own file, and whether a stay of enforcement is needed, depends on the type of decision, the amount and the date of service; a lawyer can assess this in a short meeting.

Mistakes Made When Challenging a Court Decision

A significant share of applications challenging a court decision fail because of procedural errors, regardless of the merits. The mistakes we encounter most often, and how to avoid them, are:

  1. Missing the deadline: The time limit is strict; a delay of one day leads to the application being rejected. Note the date of service, taking particular account of the fifth-day rule for electronic service. Only if there was an obstacle beyond your control can a request for restoration of the time limit (eski hale getirme) come into consideration.
  2. Choosing the wrong route or court: For example, challenging a HAGB decision without checking whether istinaf or objection is open according to the date of the decision, or sending an objection to a decision of the criminal judgeship of peace to the wrong authority. Before applying, read carefully the wording "subject to appeal" (kanun yolu açık olmak üzere) at the bottom of the decision; there the court states the route, the time limit and the competent authority.
  3. Not giving reasons: A one-sentence petition stating that "the decision is contrary to procedure and law" limits the review, particularly in civil cases, to matters of public order. Complete the reasons with a supplementary petition within the time limit.
  4. Underpaying the fee and the advance on costs: If the shortfall is not made up within the period given, the application may be deemed withdrawn.
  5. Relying on new evidence: Evidence not submitted at first instance is, as a rule, not heard at the istinaf stage. The evidence strategy has to be built at the first-instance stage.

In our practice we also often see parties who believe the period starts on the day the short decision is announced and rush in an incomplete petition before the reasoned judgment arrives; in civil cases, it is usually sounder to wait and write the petition after reading the reasoning.

Challenging a court decision means using the right route, within the right time limit, with a reasoned petition. As of 2026, the general framework is two weeks for istinaf and temyiz in civil cases, thirty days in the administrative courts and seven days for an objection to decisions of the criminal judgeships of peace. Noting the date of service on the day you receive the decision and reading the explanation of remedies at the bottom of the decision are the first steps to avoid losing your rights.

Talk to a Lawyer in Istanbul

If you would like a legal opinion on your own situation, Karanfiloglu Law Firm is a registered law office in Istanbul serving foreign and Turkish clients across Turkey. You can reach us by phone or WhatsApp at +90 532 659 35 11, by email at karanfiloglu.lawyer@gmail.com, or visit our office at Merkez Mah. Hasat Sk. No:12, 34384 Şişli, İstanbul. Contact us to discuss your situation.

Frequently Asked Questions

How many days do you have to challenge a court decision?

The time limit depends on the type of decision: two weeks for istinaf and temyiz in civil cases, thirty days in the administrative courts and seven days for an objection to decisions of the criminal judgeships of peace. In criminal cases, too, the istinaf and temyiz periods are two weeks by statute (CMK Articles 273 and 291). As a rule, the periods run from service or from pronouncement.

What is the difference between istinaf and temyiz?

Istinaf is a review of a first-instance decision by the regional court of appeal or the regional administrative court on both the facts and the law. Temyiz is a review of a regional court's decision by the Court of Cassation or the Council of State solely for compliance with the law.

Does the istinaf period start when the short decision is announced?

In civil cases, no; the istinaf period starts with service of the reasoned judgment. In criminal cases, however, pronouncement of the judgment in the defendant's presence can start the period, so in criminal files always note the date of the pronouncement.

Can a petition challenging a court decision be filed through UYAP?

Yes. The petition can be sent through the UYAP Citizen Portal with an electronic signature or mobile signature, and by lawyers through the UYAP Lawyer Portal; logging in with an e-Devlet password, as a rule, only allows you to view the file. The fees and the advance on costs can also be paid online; you are advised to keep the submission record.

What happens if I miss the istinaf deadline?

If the deadline is missed, the decision as a rule becomes final and the application is rejected as out of time. Only if the deadline was missed because of an obstacle beyond your control that can be proved can a request for restoration of the time limit come into consideration, under the conditions set by law.

Does an istinaf application stop enforcement of the decision?

In civil cases, as a rule, no; applying for a legal remedy does not by itself stop enforcement of the decision. In most cases a stay of enforcement requires a separate request and the provision of security; certain decisions concerning persons and family law, however, are not enforced before they become final. In criminal cases, by contrast, a timely istinaf application prevents the judgment from becoming final, and a conviction is not executed before it becomes final.

Is there any other route after a Court of Cassation decision?

After a Court of Cassation decision there is generally no ordinary domestic remedy left. If you believe a fundamental right has been violated, an individual application can be made to the Constitutional Court within thirty days of learning of, or service of, the last decision, whichever is earlier (Law No. 6216, Article 47/5).

Do I need a lawyer to challenge a court decision?

No, representation by a lawyer is not compulsory; the parties can make the application themselves. However, choosing the right route, calculating the time limit and writing the reasons to fit the higher court's scope of review are technical matters, so many people seek a lawyer's support at this stage.

About the Author

Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, an Istanbul-based registered law office serving Turkish and international clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Reg. No. 58270) and the Union of Turkish Bar Associations (No. 133074), and has practised law in Turkey since 2017. He received his law degree (LL.B.) from Galatasaray University Faculty of Law in 2016 and advises clients in Turkish, English and French; Russian- and Chinese-speaking clients are served through native-speaking advisors working at the office. He is also a registered mediator (Reg. No. 41909).

Legal Notice: This article provides general information about Turkish law and is not a legal opinion. Laws, regulations, official fees and procedures change over time and every situation is different. For an opinion on your own situation, please consult a qualified lawyer. No liability is accepted for any loss that may arise from reliance on the information in this article.

The content on this site is for general information and does not constitute legal advice.

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