Understanding the Legal Process for Filing a Lawsuit in Turkey

Navigating the intricacies of the Turkish legal system can be challenging, especially when considering filing a lawsuit. At Karanfiloglu Law Firm, we understand that initiating legal proceedings requires a comprehensive understanding of the law, meticulous preparation, and strategic planning. This blog post aims to demystify the procedural aspects of filing a lawsuit in Turkey, ensuring clients are well-informed about their legal rights and obligations. From initial consultations to court submissions and subsequent hearings, we will provide an insightful overview of each step involved in the litigation process. Our goal is to empower you with the knowledge necessary to navigate the legal landscape effectively, and we aim to handle your case with precision and care.

Types of Lawsuits and Jurisdiction in Turkey

In Turkey, the types of lawsuits can broadly be categorized into civil, criminal, and administrative cases, each governed by distinct procedural rules and jurisdictional requirements. Civil lawsuits cover disputes between private parties concerning matters such as contracts, property, and family law, and these are, as a rule, heard by the civil courts of first instance (Asliye Hukuk Mahkemesi), which have general jurisdiction (Article 2 of the Code of Civil Procedure No. 6100), while the civil courts of peace (Sulh Hukuk Mahkemesi) hear, whatever the value of the dispute, the matters assigned to them by law, notably lease and partition disputes (Article 4), alongside specialised courts such as labour, commercial, family and consumer courts; jurisdiction does not depend on the value or complexity of the case. Criminal lawsuits, dealing with offenses against public order, are prosecuted by public prosecutors and adjudicated in criminal courts. Administrative lawsuits, which include disputes between individuals and governmental bodies, are processed by administrative courts. Determining the correct jurisdiction is pivotal, as filing a lawsuit in the proper court ensures that the case proceeds without procedural hindrances. Understanding which type of court has jurisdiction over your case is crucial, and consulting a lawyer, such as Karanfiloglu Law Firm, can provide guidance on filing your lawsuit in the correct court.

Jurisdiction in Turkish legal practice is primarily influenced by the nature of the dispute and the subject matter of the claim. For civil cases, jurisdiction usually lies within the courts of the defendant’s domicile, although certain types of disputes, such as those involving real estate, must be filed in the court where the property is located. In criminal matters, jurisdiction is generally determined by the location where the crime was committed. Administrative cases as a rule fall under the jurisdiction of the administrative court in whose district the authority that issued the challenged act is located (Article 32 of the Administrative Procedure Law No. 2577), with special rules for certain disputes, such as those concerning real estate or public officials. Additionally, specific rules apply to labor disputes, commercial cases, and intellectual property claims, necessitating careful consideration to identify the appropriate forum. The legal assistance offered by Karanfiloglu Law Firm aims to address jurisdictional complexities, providing a basis for your lawsuit.

In addition to understanding the types of lawsuits and the appropriate jurisdiction, it is vital to be aware of the statute of limitations for filing a lawsuit in Turkey. The statute of limitations varies based on the nature of the case: civil cases generally range from 1 to 10 years, depending on the specific claim involved, while criminal cases vary according to the severity of the offense and the prescribed punishment, with limits extending up to 30 years or more for serious crimes. In administrative disputes there are short filing periods: 60 days before administrative courts and 30 days before tax courts, running from written notification of the administrative act, unless a special law sets another period (Article 7 of Law No. 2577). Missing these crucial deadlines can result in the loss of legal rights, making it imperative to seek timely legal advice. Karanfiloglu Law Firm aims to track and comply with all pertinent deadlines, so as to preserve your right to legal recourse.

Key Steps in Initiating a Lawsuit: From Filing to Trial

In a number of disputes, recourse to mediation before filing is a condition for the action to be admissible (mandatory mediation), including most labour disputes (Law No. 7036, Article 3), monetary claims in commercial cases (Turkish Commercial Code No. 6102, Article 5/A), most disputes heard by consumer courts (Law No. 6502, Article 73/A), and lease, partition, condominium and neighbour disputes (Law No. 6325, Article 18/B); an action filed without it is dismissed on procedural grounds. After that, or directly in other disputes, the first step in initiating a lawsuit in Turkey is to file a claim petition, also known as a "dava dilekçesi," with the competent court. This document must include essential details such as the identities of the parties involved, a clear description of the events leading to the dispute, and the specific relief or remedy being sought. It's crucial to ensure that all necessary documentation and evidence supporting your claims are meticulously compiled and attached to the petition. The action is considered filed when the petition is registered, at which point court fees and the cost advance (gider avansı), whose amounts are set each year, must be paid (Articles 118 and 120 of Law No. 6100); those who cannot afford them may apply for legal aid (Article 334). The court checks that the petition meets the procedural requirements and then officially serves it on the defendant, who has two weeks from service to respond with a statement of defense. This initiates the formal litigation process, setting the stage for the exchange of pleadings and the preliminary examination.

After the defendant submits their defense statement, in ordinary written procedure the plaintiff may file a reply and the defendant a rejoinder, each within two weeks of service (Article 136 of Law No. 6100); these pleadings do not exist in simplified procedure. The court then carries out the preliminary examination and holds the preliminary examination hearing (Articles 137 and 140) to identify the points in dispute and to discuss evidence, potential settlements, and the overall direction of the case. Both parties are expected to present relevant documents, witness statements, and any additional evidence that supports their respective positions. These preliminary hearings serve as a crucial platform for clarifying the central issues in dispute, allowing the judge to determine the most critical aspects of the case. During this stage, it is not uncommon for the court to encourage mediation or other alternative dispute resolution methods in an attempt to reach an amicable settlement outside of court. If these efforts are unsuccessful, the case proceeds to the evidentiary phase, where the court examines all the presented evidence in detail, hears testimonies, and evaluates the legal arguments from both sides.

After the evidentiary phase, in which witnesses are heard and evidence is examined, the oral argument hearing (sözlü yargılama) is held, and both parties present their closing arguments before the judge. Each side has the opportunity to make their case, question the validity of the opposing party's evidence, and provide compelling arguments to support their claims. The judge plays a pivotal role here, not only in ensuring the procedural fairness of the trial but also in critically evaluating the facts to reach a just conclusion. After closing statements from both parties, the judge deliberates on the case and eventually renders a verdict. Depending on the complexity of the case, this decision may be delivered immediately or at a later date specified by the court. Should either party disagree with the verdict, they may challenge it by appeal (istinaf) before the regional court of appeal within two weeks of service of the judgment, and then by further appeal (temyiz) before the Court of Cassation within two weeks where the law allows it (Articles 345 and 361 of Law No. 6100); however, judgments in monetary disputes not exceeding a threshold that is updated each year are final (Article 341). Karanfiloglu Law Firm provides legal advice and representation at each stage.

Essential Legal Documents and Deadlines in Turkish Court Proceedings

When filing a lawsuit in Turkey, understanding the essential legal documents and adhering to strict deadlines is crucial for a successful case. The primary document to initiate proceedings is the "dava dilekçesi" (complaint petition), which must clearly outline the plaintiff's claims, the legal basis for the case, and any supporting evidence. Additionally, the plaintiff must submit copies of relevant contracts, correspondence, and other documentation that substantiate their case. Once the complaint is filed, the court typically sets deadlines for the submission of additional documents and evidence, as well as for the response from the defendant. Failure to meet these deadlines can result in significant delays or even the dismissal of the case. Karanfiloglu Law Firm aims to prepare and submit all required documents promptly, to safeguard your legal interests.

In addition to the initial complaint petition, there are several other critical documents and procedural steps that must be diligently followed. For instance, after the complaint is registered, the court may require the submission of a “delil listesi” (evidence list), which catalogues all the evidence the plaintiff intends to present during the trial. This list must be thorough and accurate, as introducing new evidence at a later stage can be highly restricted. Furthermore, correspondence between the parties (“taraflar arası yazışmalar”) can be useful evidence, as it records communications and attempts at settlement between the disputing parties prior to litigation, but it is not a document that the law requires to be filed. In disputes subject to mandatory mediation, however, the original of the final mediation report showing that no agreement was reached, or a copy certified by the mediator, must be attached to the petition (Article 18/A of Law No. 6325). Karanfiloglu Law Firm assists with the compilation and submission of documents in line with procedural requirements.

Another crucial aspect to consider in Turkish court proceedings is the adherence to specified deadlines, which are strictly enforced by the judicial system. These deadlines can vary depending on the nature of the case and the specifics of the court's instructions. Generally, after the initial complaint is filed, parties are granted a particular timeframe within which to submit all additional evidence and witness lists. Missing these deadlines can not only weaken your case but in some instances, evidence submitted late may be entirely inadmissible. The defendant is also given two weeks from service of the petition to prepare and submit an answer, which the court may extend once in exceptional cases (Article 127 of Law No. 6100), in a pleading known as the "cevap dilekçesi" (answer petition). At Karanfiloglu Law Firm, we understand the importance of meeting every procedural deadline meticulously. We monitor your case timelines and aim to make all submissions within the required periods.

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.