Litigation Lawyer in Istanbul, Turkey

This page is for individuals and companies, Turkish or foreign, who are a party to a civil or commercial court case in Turkey, whether you want to sue or you have been sued. As a litigation lawyer in Istanbul, we assess the dispute, draft the petitions, represent you at hearings and take the case through appeal.

Civil cases in Turkey follow, as a rule, the Code of Civil Procedure No. 6100 (HMK). The procedure is largely written. A case is often shaped in its first months, by what the petitions say and which evidence they name.

When You Need a Litigation Lawyer in Turkey

You can legally go to court without a lawyer in Turkey, but the procedural rules are strict. Clients usually come to us when:

• someone owes you money: a Turkish buyer, tenant or partner has not paid, and you need a receivables action or an action against their objection to enforcement (itirazın iptali);
• you have been sued: a statement of claim has reached your address or your e-notification account, and your answer deadline is running;
• a commercial dispute has escalated: a shareholder conflict, a challenge to a general assembly resolution, unfair competition or a terminated distribution agreement;
• property is at stake: title deed cancellation, partition of co-owned property or a claim for unauthorised use;
• you lost at first instance: the appeal deadline is short;
• you live abroad: service, security for costs, translation and the power of attorney need planning.

Before You Sue: Mediation, Notices and Evidence

In many disputes, Turkish law requires mediation before a court case can be filed. As a rule, this covers employment claims, commercial claims for payment of money, consumer disputes outside the consumer arbitration committees' jurisdiction, lease disputes, partition of co-owned property, and condominium (kat mülkiyeti) and neighbour-law disputes. A case filed without this step is dismissed on procedural grounds.

Other pre-action steps matter too:

• a formal notice through a Turkish notary (ihtarname) to put the debtor in default or terminate a contract;
• checking limitation periods, some of which are short;
• collecting contracts, invoices, emails, bank records and messages;
• asking the court to preserve evidence at risk of being lost (delil tespiti);
• where needed, interim relief before the case itself.

Our guide to mediation in Turkey explains the mediation stage.

Which Turkish Court Will Hear Your Case?

The competent court is fixed by law according to the type of dispute, and filing in the wrong one can cost months. Istanbul has separate courts for each of these:

Venue is a separate question. As a rule, the court of the defendant's domicile has jurisdiction, with special rules for contracts, torts and real estate. See our article on the types of courts in Turkey.

How a Civil Case Runs in Turkey, Step by Step

1. Statement of claim: parties, request, facts and evidence. Court fees and an expense advance are paid, and the petition is filed through UYAP, the judiciary's electronic network, or at the courthouse.
2. Defence: the defendant, as a rule, has two weeks from service to answer.
3. Reply and rejoinder: under the written procedure, each side files one more petition, as a rule within two weeks. Under the simplified procedure (for example in many labour, consumer and Civil Court of Peace cases), the exchange is as a rule limited to claim and defence.
4. Preliminary examination: the judge checks procedural requirements, defines the points in dispute and sets a final deadline for evidence.
5. Taking of evidence: witnesses, a court-appointed expert, sometimes a site inspection. Hearings are usually several months apart.
6. Judgment: after final statements, the court announces its decision; the reasoned judgment is written later and served on the parties.

One rule shapes everything. After the exchange of petitions, a party cannot, as a rule, expand or change its claim or defence (HMK art. 141). The exceptions are the opponent's express consent and a one-time amendment called ıslah. Our article on how to file a lawsuit in Turkey covers the filing stage.

Evidence and Interim Relief

Every piece of evidence must be named in the petitions: documents, official records, emails, messages, witnesses, expert reports. Transactions above a value that is updated every year must, as a rule, be proven in writing, so witnesses are not always enough. On technical questions the court appoints an expert (bilirkişi). Objections to the report are as a rule due within two weeks of its service, and they often carry real weight.

An interim injunction (ihtiyati tedbir) can, for example, stop a disputed property from being transferred while the case runs. A precautionary attachment (ihtiyati haciz) under the Enforcement and Bankruptcy Law No. 2004 freezes a debtor's assets for a money claim that is, as a rule, due and unsecured. For both, the court looks for a prima facie case and as a rule requires security. See our article on preliminary injunctions in Turkey.

If You Have Been Sued in Turkey

You have, as a rule, two weeks from service of the statement of claim to file your defence. The court can grant one extension if you apply before the period ends; it is never automatic. If you do not answer, you are treated as denying the claimant's facts, but you lose most of your ability to raise new defences later. Your defence should include:

• objections to venue, which as a rule are lost if not raised in the defence (unless venue is mandatory);
• limitation: a Turkish judge does not apply it on their own initiative;
• any counterclaim, which as a rule is filed together with the defence.

Appeals: Regional Courts of Appeal and the Court of Cassation

A first-instance judgment can be appealed to the Regional Court of Appeal (Bölge Adliye Mahkemesi), as a rule within two weeks of service of the judgment. This appeal (istinaf) reviews facts and law; the regional court may hold a hearing and take evidence. Its review is as a rule limited to the grounds stated, apart from public-policy issues, so grounds must be specific.

The regional court's decision can then go to the Court of Cassation (Yargıtay), again as a rule within two weeks of service. Yargıtay mainly reviews the application of law. Decisions below certain monetary limits, updated every year, are final or cannot go to Yargıtay.

Administrative cases are a separate system: administrative and tax courts, then regional administrative courts and the Council of State (Danıştay). Unless a special law says otherwise, the filing period is sixty days for administrative cases and thirty for tax cases. See our guide on how to appeal a court decision in Turkey.

Litigation in Turkey for Foreign Clients

• Power of attorney: sign it at a Turkish consulate, or before a local notary with an apostille (or consular legalisation if your country is not party to the Hague Apostille Convention) and a sworn Turkish translation. See powers of attorney for foreigners.
• Hearings: a represented party does not, as a rule, have to attend, unless the judge orders you to be heard in person or to take an oath.
• Serving a defendant abroad: through the Hague Service Convention, a bilateral treaty or diplomatic channels. It often takes several months.
• Security for costs: foreign claimants must, as a rule, deposit security under the Private International and Procedural Law No. 5718. An exemption may apply under a treaty or on reciprocity.
• Language: proceedings are in Turkish. Foreign documents need a translation, and the court appoints an interpreter where needed.
• Foreign judgments: they take effect in Turkey only after recognition or enforcement; see arbitration and enforcement in Turkey.

Av. Kaan Karanfiloğlu works in English, French and Turkish. Russian- and Chinese-speaking clients are served through native-speaking advisors at the office.

Documents to Prepare

• passport or ID; for companies, a trade registry extract and specimen signatures;
• a litigation power of attorney;
• contracts, invoices, notices, correspondence and payment records;
• the final mediation report, where mediation is mandatory;
• witness names and addresses;
• if you have been sued, the petition you received and its service date;
• apostilles and sworn translations for foreign documents.

How Long a Court Case in Turkey Takes, and What It Costs

Nobody can promise a timetable; workload, service and expert reports drive it. A realistic picture:

• mandatory mediation: usually a few weeks;
• exchange of petitions: usually a few months when service is within Turkey;
• preliminary examination and evidence: often more than a year where an expert is needed;
• istinaf: usually several months to a year, sometimes longer;
• Yargıtay: several months or more.

Costs are court fees on filing, an advance for service and expert costs, and fees at the end. The amounts are updated every year. As a rule, the losing party pays the court costs and the winner's statutory attorney fee under the Attorneys' Minimum Fee Tariff. We explain the cost items for your case at the outset.

What We Do in Your Case

At Karanfiloglu Law Firm, your case is handled personally by Av. Kaan Karanfiloğlu:

• assessment of documents, deadlines, the competent court, evidence and risks;
• pre-action notices, the mediation application and interim relief where justified;
• drafting the claim or defence, reply, rejoinder and objections to expert reports;
• attending hearings, examining witnesses and following expert work;
• tracking the court file on UYAP and reporting to you in English;
• istinaf and Yargıtay petitions, and answers to the other side's appeals;
• after judgment, enforcement, or a stay of enforcement if it went against you.

Clients abroad are represented remotely under a power of attorney. See also our civil law and commercial law pages.

Common Mistakes in Turkish Litigation

• Skipping mandatory mediation: the case is dismissed on procedural grounds.
• Saving evidence for the hearing: facts and evidence not named in the petitions often cannot be raised later. In our practice at Karanfiloglu Law Firm, this is the problem we see most often in files taken over mid-case.
• Ignoring notifications: service can, as a rule, be valid even if you were not at the address. Keep your registered address and e-notification account up to date.
• Counting from the hearing date: appeal deadlines run from service, so check the service date on UYAP.
• Forgetting security for costs: missing the court's deposit deadline can end the case.

Which deadlines apply depends on your file. You can send us your documents through our contact page to arrange an assessment with a litigation lawyer in Istanbul.

Frequently Asked Questions

Do I need to come to Turkey for my court case?

No, in most cases you do not. With a power of attorney signed at a Turkish consulate or before a foreign notary with an apostille, your Turkish lawyer can represent you at every stage, unless the judge orders you to be heard in person.

Is it mandatory to hire a lawyer to sue in Turkey?

No, representation by a lawyer is not mandatory in Turkish civil cases as a rule. The procedure is strict, however, and errors in petitions or evidence are hard to fix later.

How long does a civil lawsuit in Turkey take?

A first-instance case often takes more than a year where an expert report is needed, and appeals can add many months. It depends on the court, service of documents and the file.

What is the deadline to appeal a court decision in Turkey?

As a rule, two weeks from service of the judgment, both for istinaf and for an appeal to Yargıtay. Judgments below the yearly-updated monetary limits may be final.

I have been sued in Turkey. How long do I have to respond?

As a rule, two weeks from service of the statement of claim, with one possible extension if you apply in time. Objections to venue and limitation belong in the defence.

Does a foreign company have to pay security to sue in Turkey?

As a rule, yes. An exemption may apply under a treaty between Turkey and the company's country, or on reciprocity.

If I lose, do I pay the other side's lawyer?

As a rule, yes. The losing party pays the court costs and a statutory attorney fee under the Attorneys' Minimum Fee Tariff; costs are shared in proportion when a claim succeeds only in part.

Can you take over a case another lawyer started?

Yes, at any stage. Once a new power of attorney is in place, the full UYAP file is reviewed and any running deadlines are dealt with first.