How to File a Lawsuit in Turkey

Filing a lawsuit in Turkey is a structured process governed by specific regulations and procedural rules, ensuring that the legal system operates efficiently and fairly. At Karanfiloglu Law Firm, we provide legal guidance through each step of this process, from initial consultation to court representation. According to the Turkish Civil Procedure Code (Law No. 6100), a lawsuit generally begins with the preparation and submission of a meticulously drafted petition to the competent court, detailing the claims and supporting evidence. Article 119 of the same Code outlines the required contents of this petition, including the full names and addresses of the parties, a succinct summary of the facts, and specific legal grounds for the claim. Proper submission and adherence to procedural rules are crucial for the admissibility and success of any lawsuit, making it imperative to seek the assistance of experienced legal professionals well-versed in Turkish law.

Required Documentation for Filing a Lawsuit in Turkey

To initiate legal proceedings in Turkey, it is essential to compile all necessary documentation in accordance with the Turkish Civil Procedure Code (Law No. 6100). This includes the complaint petition, also known as dava dilekçesi, which lays out the plaintiff's arguments and the factual basis of the case. Article 121 specifies that any documents or evidentiary materials supporting the claim must be attached to this petition. Additionally, in practice a certified Turkish translation must be provided for any foreign-language documents, because Turkish is the language of the courts, so that the court can accept them. Ensuring completeness and accuracy in the documentation is crucial, as any omissions or errors can lead to delays or even dismissal of the case. Therefore, the assistance of legal professionals becomes valuable in navigating these procedural requirements effectively.

In addition to the complaint petition, plaintiffs must submit a notarized power of attorney if they are represented by a lawyer, as stipulated by Article 76 of the Turkish Civil Procedure Code. This ensures the legal authority of the lawyer to act on behalf of the client in all proceedings related to the case. Furthermore, if the lawsuit involves a monetary claim, evidence related to the financial aspect must be presented, such as bank statements, invoices, or contracts, as per Articles 190 and 194. Plaintiffs are also required to pay an application fee and a proportional court fee based on the value of the claim, which is governed by the Law on Fees (Law No. 492), together with the cost advance (gider avansı) that Article 120 of the Turkish Civil Procedure Code requires to be paid when the lawsuit is filed and whose amounts are set each year; those who cannot afford these amounts may apply for legal aid (adli yardım) under Articles 334 to 340. Comprehensive preparation and proper organization of these documents not only facilitate smoother court proceedings but also reinforce the credibility and strength of the plaintiff’s case, underlining the necessity of proficient legal counsel.

Failing to provide any of the mandated documents or meeting the procedural standards could significantly jeopardize the success of a lawsuit in Turkey. According to Article 119(2) of the Turkish Civil Procedure Code, if there are deficiencies in the petition, the court grants a final period of one week to remedy them, which can delay proceedings, and if they are not remedied within that period the case is deemed not to have been filed. Additionally, proper service of process, as stipulated under Article 122 and the Notification Law (Law No. 7201), is essential for informing the defendant about the lawsuit and ensuring their participation in the legal process. Incorrect or incomplete service can lead to further delays or dismissal of the case altogether. Therefore, meticulous adherence to documentation requirements and procedural regulations not only safeguards against such pitfalls but also strengthens the plaintiff's position. At Karanfiloglu Law Firm, we are dedicated to managing these crucial details so that your case is presented properly in the Turkish legal system.

Understanding the Turkish Judicial System: A Guide for Plaintiffs

Understanding the Turkish judicial system is essential for any plaintiff considering legal action. Turkey's court system is primarily divided into judicial and administrative courts, each with its own jurisdiction and procedural specifics; the military courts were abolished by the 2017 constitutional amendment (except disciplinary courts and courts that may be established in wartime). For civil disputes, cases are usually heard in the civil courts of first instance, as defined under Article 2 of the Turkish Civil Procedure Code (Law No. 6100), while commercial disputes are heard by the commercial courts of first instance under Article 5 of the Turkish Commercial Code (Law No. 6102). Each court is governed by an established hierarchy, with decisions subject to appeal, first to the regional courts of appeal and subsequently to the Court of Cassation, depending on the monetary threshold and specific case requirements mentioned in Articles 341 and 362. This structured approach ensures a comprehensive examination of each dispute, reinforcing the importance of having a knowledgeable legal advisor to navigate through these layers.

One of the first steps in understanding the judicial process is identifying the correct court where your case should be filed. For instance, family law matters would be addressed by the Family Courts, whereas criminal matters would go to the Criminal Courts as stipulated by the Law on Establishment and Jurisdiction of Courts (Law No. 5235). It is important to note that certain specialized courts, such as Labor Courts and Consumer Courts, handle specific types of disputes, providing more focused and expert adjudication in those areas. In a number of disputes, mediation before filing is a condition of admissibility of the lawsuit (mandatory mediation), including labour disputes (Law No. 7036, Article 3), monetary claims in commercial cases (Turkish Commercial Code No. 6102, Article 5/A), consumer disputes above the consumer arbitration committee threshold (Law No. 6502, Article 73/A), and lease, partition, condominium and neighbour disputes (Law No. 6325, Article 18/B); consumer disputes below the threshold, which is set each year, must first be brought before the consumer arbitration committee. Under Article 6 of the Turkish Civil Procedure Code (Law No. 6100), a lawsuit is, as a general rule, filed before the court of the defendant's domicile, and under Articles 10 and 16 it may also be filed before the court of the place where the contract is to be performed or where the tort was committed, with some cases of exclusive territorial jurisdiction, such as actions in rem concerning real property, which are filed before the court where the property is located under Article 12. Ensuring the correct venue is chosen not only avoids unnecessary procedural delays but also enhances the likelihood of a favorable outcome.

Another critical aspect for plaintiffs to consider is the importance of timely filing within the statutory limitation periods, which vary depending on the nature of the claim. According to the Turkish Code of Obligations (Law No. 6098), for instance, the general limitation period for debt collection claims is 10 years as stipulated in Article 146, whereas some tort claims have a limitation period of 2 years from the date the claimant becomes aware of the damage and the liable party, and in any case, 10 years from the date of the tort as per Article 72. Missing these deadlines can result in the loss of the right to bring a claim, underscoring the necessity of prompt legal action. At Karanfiloglu Law Firm, we ensure that our clients are fully informed of these critical timelines and assist in adhering to all relevant deadlines, with the aim of safeguarding their legal rights and interests throughout the litigation process.

Key Steps and Timelines in the Turkish Legal Process

Initiating a lawsuit in Turkey involves several critical steps, each governed by specific timelines and procedural requirements. After the exchange of petitions (the statement of claim, the response, the reply and the rejoinder), as provided in Articles 137 to 140 of the Turkish Civil Procedure Code, the court will conduct a preliminary examination to determine if the case is procedurally sound and whether any evidence or additional documentation is required. Oral hearings generally follow the collection of initial evidence, where both parties present their arguments. According to Article 30 (the principle of procedural economy), the judge must conduct the proceedings within a reasonable time and in an orderly manner, ensuring the case progresses efficiently. Throughout this process, adherence to deadlines for filing responses, submitting evidence, and attending hearings is mandatory to avoid any negative impact on the case. Karanfiloglu Law Firm assists clients in complying with these critical timelines.

During the investigation and evidence-gathering stage (tahkikat), the court may require the appointment of expert witnesses to provide specialized knowledge on specific aspects of the case, as outlined in Articles 266 and 273 of the Turkish Civil Procedure Code. The selection and involvement of expert witnesses are crucial, as their reports can significantly influence the court's decision. The timing for submitting expert reports is strictly regulated, and any delays can lead to setbacks in the resolution process. Subsequently, the judge will review all testimonies, evidence, and expert reports to reach a verdict, which is then delivered in a written judgment. This judgment becomes legally binding unless an appeal is lodged within the specified period, usually two weeks from service of the reasoned judgment, as per Article 345. At Karanfiloglu Law Firm, we meticulously navigate these complex steps, aiming to meet every procedural requirement and to protect your rights throughout the litigation process.

After the initial judgment is rendered, clients have the legal right to appeal if they believe the verdict was unjust or procedurally flawed. The appeal process begins with the submission of an appellate petition addressed to the relevant regional appellate court, lodged with the court that issued the judgment, within two weeks of service of the reasoned judgment, as specified under Article 345 of the Turkish Civil Procedure Code, provided that the judgment is appealable under Article 341. The appellate court will review both the procedural and substantive aspects of the case, possibly ordering additional hearings or requiring further evidence or expert testimony as needed. Depending on the complexity and specifics of the case, this stage can extend the litigation process considerably. Throughout this period, Karanfiloglu Law Firm stands by our clients, providing strategic legal advice and working to follow all appellate procedures meticulously to safeguard our clients’ interests. Ultimately, the final decision of the appellate court can be further contested at the Court of Cassation, Turkey’s highest appellate body, which primarily focuses on legal interpretations, as stipulated in Articles 361 and 371, within two weeks of service of the judgment. This multi-layered approach underscores the importance of experienced legal representation to effectively navigate the extensive procedures and advocate for our clients’ legal rights.

Disclaimer: This article is for general informational purposes only and you are strongly advised to consult a legal professional to evaluate your personal situation. No liability is accepted that may arise from the use of the information in this article.