A section of Hukuki Net - Turkish Law site in English Language (Ingilizce Hukuk, Ingilizce Kanunlar, mevzuat ve ingilizce hukuk forumu)

Main Menu

File a case

Started by admin, November 28, 2018, 10:06:06 PM

Previous topic - Next topic


How to file a case (*) in Turkey?

A case is filed through a petition submitted to the court registry, what a petition should contain is stated below: a civil case is filed once you attached to your petition the receipt indicating that you paid the postal costs and the trial fee.

(*) Filing a case

Filing a case means to claim a right suing a person or an agency before a court. In case you have subjected to an unfair treatment the court shall intervene and deliver your right after they tried the case.

Filing a case is simple such as that ?

Yes, all it takes to file a civil case is to deliver the petition to the court registry with postal costs and legal fee receipt attached. Despite it seems too easy its a highly formal procedure entails severe legal consequences and huge financial burden.
Remember. Despited the filing phase is simple as that. The entire process is extremely severe and sometimes could be time consuming.

How long an avarage case takes?

According to the statistics of the Justice Ministry. In 2007 it took 202 days to try a case, that changes from court to court. For instance, a case filed in Intellectual Property Civil Court has been tried in 619 days, that figure changes In the Commercial Court as 410 days, In labor Courts as 441 days, in Family Courts as 157 days, in Civil Courts of Peace as 108 days.

Is it better if I dont file a case?

It your constitutional right to apply to courts and seek justice. Do not refrain from exercising your rights. But in doing so it would be in your favor to you deeply assess before you launched thep process. the possible consequences in terms of winning and loosing and prospective financial consequences when you lost.

Where should I file the case?

You should file the case in the competent and assigned courts. Since the question as to which court is competent and assigned has no short cut answer and filing a case in an incompetent court would possibly result in time and money losts, you'd better consult to and advocate and ask for professional help.

What should I know before filing a case?

If you are not in a position to afford a lawyer ask your selves the questions below:
•Are you sure you are informed well enough to file a case?
•Are your determined as to pursuing your case? Ignoring the presence at the court once you filed a case results in the
case being deemed unfiled.
•Have assessed the negative consequences in case you loose the case? If you hired a lawyer you'd better ask him/her to inform you on that
•How much the case would cost to you?
•What is the avarage amount of the additional costs in case you loose (legal fee, trial costs, lawyer costs etc)
•Is there any other way available to fix the unfairness you have been through.

The overall layout of a petition :

The petition is the key tool in a civil case. State your case touching the core issues. Writting longer than necessary, giving room to unnecessary detailes, mentioning irrelevant people could damage your case. Likewise a petition written way shorter than necessary and skipped the core aspects , would harm the case as well. Therefore the petition should be drafted in due diligence. Drafting your petition title by title, listing your evidences, putting your attachements in order would be in your favor.

What a formal petition should contain?

• Name
• Surname
• ID number
• Plain address
• Name and surname ID number ( if possible) of the defendant,
• Title if its an agency
• The subjectmatter of the case
• The reason why you file the case
• The claim
• The legal grounds you based on
• Evidences
• The date of the incident has occured and the date you have found out.
• Jurisprudences of the supreme court ( if possible) and samples of previously tried cases.

Is it compulsory to hire a lawyer?
No, it is not. Remember an attorney would be of great help in the course of a litigation. In case you are not sure that , you are well informed in litigation and procedural law consult to a lawyer. If you are not in a position to afford a lawyer remember that you are entitled to a pro bono lawyer. To get that free legal aid. You need to apply to the bar association of your city, For more information please see. the legal aid brochure

How much cost to file a case , expensive or cheap?
Yes, Filing a case could sometimes be expensive, legal fees are not so high in comparison to the fees in Europe. But still depending on the nature and the time to be invested. Expenditures could get higher than estimated. You should get ready to the unexpected expenditures and find out what the possible expenses are. In the course of the trial legal expenses are demandend from the claimant. In case you dont pay the legal fees court by law would find that you vaiwed your right to file a case and that would be harmful for your case.

Could I be reimbursed?
If you win the case at the end the court would decide that the expenditures you made to be paid by your opponent. But remember only the court fees to be paid to you. The such expences as made in preparation to the case, transportation expenses and the
the wage you paid to your council shall not be reimbursed.

Am I entitled to enforce my right directly?
No, You need the judgment be finalised and the court fee decreed in the judgment must be paid and the judgment should be served to your opponent. The parties have right to appeal the decision. In case one of the parties appealed the decision. the decision shall become final after that stage is over.