FILING AND PURSUING LAWSUITS IN TURKEY

ABOUT THE TURKISH LEGAL SYSTEM

The Turkish legal system is a hybrid system historically influenced by both Western legal systems and the legal traditions from the Islamic world. It is based on a civil law system, which includes laws, regulations, and other legal provisions. This blend results from Turkey’s historical role as a host to various civilizations, particularly the extensive rule of the Ottoman Empire over vast territories.

Influences from the West, especially through Roman Law and Swiss Law, have significantly shaped the Turkish legal system. During the Tanzimat Period of the Ottoman Empire, a series of Westernization reforms were initiated, incorporating elements from French Law into the Ottoman legal system. These legal reforms included the creation of civil codes and the establishment of Western-style courts.

On the other hand, another profound influence on the Turkish legal system is Islamic law. The majority Muslim population in Turkey has led to the formation of a legal system that aligns with the norms and principles of Islamic law.

The Turkish legal system synthesizes these two major influences, integrating legal principles from both. This diversity and richness have facilitated the evolution of Turkish law and the formation of a legal framework that aligns with societal norms. Consequently, the Turkish legal system has adopted modern legal principles while reflecting cultural diversity, making it responsive to societal expectations.

THE ROLE OF COURTS IN TURKISH LAW

Courts play a critical role in the Turkish legal system and in the pursuit of legal proceedings. In Turkey, there are specialized courts such as civil courts, criminal courts, and administrative courts. These courts are responsible for dispute resolution between individuals, companies, and government institutions. The Turkish legal system also includes specialized courts such as commercial courts, labor courts, and family courts. These courts have jurisdiction over specific types of cases and are designed to ensure expertise in these areas.

The different types of courts in the Turkish legal system can be categorized as follows:

1- Civil Courts:

• Civil Courts of First Instance
• Commercial Courts
• Family Courts
• Consumer Courts
• Labor Courts
• Regional Courts of Appeal
• Court of Cassation

2- Criminal Courts:

• Criminal Courts of First Instance
• High Criminal Courts
• Juvenile Courts
• Magistrate Courts
• Regional Courts of Appeal
• Court of Cassation

3- Administrative Courts:

• Tax Courts
• Administrative Courts
• Regional Administrative Courts
• Council of State

These courts operate based on different branches of law and the nature of the cases. Sue in civil courts generally handle private law cases, criminal courts deal with criminal cases, and administrative courts address administrative and tax cases. The subdivisions of the courts are determined by the characteristics of the cases and the specific jurisdiction of the court for protecting legal rights in Turkey.

LAWSUIT PROCESS IN TURKEY AND ELEMENTS

The lawsuit process in Turkey is complex and involves several critical elements that must be considered.

• Language

The official language of the courts in Turkey is Turkish. Legal documents, petitions, and all communications during hearings must be conducted in Turkish. Therefore, having a lawyer who is fluent in Turkish is essential for effective communication during the lawsuit process.

• Pre-Lawsuit Procedures in Turkey

Before filing a lawsuit in Turkey, steps such as submitting a demand letter, mediation, or arbitration are usually followed to resolve the dispute. These pre-lawsuit procedures can expedite the process and reduce costs.

• Court Structure in Turkey

Turkish courts are generally divided into three main categories: civil courts, criminal courts, and administrative courts. Each category includes specialized courts focusing on different legal matters. Understanding the court structure and applying to the correct court is crucial in the lawsuit process in Turkey.

• Lawsuit Tracking Process in Turkey

The lawsuit tracking process in Turkey includes preparing the petition, presenting evidence, hearing witnesses, conducting discovery, and finally presenting arguments before a judge or panel. The lawsuit process in Turkey is typically time-consuming and may involve multiple hearings.

• Appeal Process in Turkey

If a party is dissatisfied with a court decision, they can enter the appeal process in Turkey. The appeal process in Turkey involves having the decision reviewed by a higher court. This stage also requires careful preparation and legal arguments.

• Legal Costs in Turkey

The lawsuit process in Turkey involves court fees, attorney fees, expert opinions, and official expenses. Understanding the legal costs and developing a financial strategy before filing a lawsuit in Turkey is important. The lawsuit tracking attorney informs their client about these costs and helps manage them effectively.

The complexity of the lawsuit process in Turkey necessitates understanding these elements and collaborating with a legal professional. An experienced lawyer can provide guidance and develop an effective strategy to protect the client’s rights, ensuring the legal process is managed successfully.

HOW TO FILE A LAWSUIT IN TURKEY?

The legal system comprises a complex structure involving various branches of law, courts, and procedures. Initiating the process of file a lawsuit in Turkey requires starting in the correct court with an appropriate petition. Below are the steps to follow for how to file a lawsuit in Turkey:

1) EVALUATE THE SITUATION

It is essential to begin by assessing the situation to understand how to file a lawsuit in Turkey. Before taking steps to file a lawsuit in Turkey, it is crucial to thoroughly evaluate the legal dimensions of the incident. Conducting a comprehensive analysis that covers all aspects of the incident lays a healthy foundation for the legal process.

• Definition of the Legal Issue: The first response to how to file a lawsuit in Turkey is the necessity to clearly define the encountered situation. Determining the legal issues involved in the incident is a vital step towards initiating the correct legal process.
• Identification of the Relevant Branch of Law: During the evaluation process, it is necessary to determine which branch of law the incident pertains to. For instance, a matter related to property usually requires approaching civil courts, whereas an administrative action may necessitate approaching administrative courts.
• Analysis of Potential Legal Consequences: Evaluating the legal dimensions of the incident involves foreseeing potential legal consequences. This includes assessing expected outcomes before filing the lawsuit in Turkey to determine the strategy.
• Collection of Evidence: During the evaluation phase, it is crucial to gather existing evidence related to the incident and ensure comprehensive documentation. Presenting evidence effectively increases the likelihood of a favorable outcome for the lawsuit.

2) IDENTIFYING THE COMPETENT AND JURISDICTIONAL COURT

Choosing the correct court is one of the most crucial steps in filing a lawsuit in Turkey. Perhaps the most important step in understanding how to file a lawsuit in Turkey is determining the competent and jurisdictional court. The legal system encompasses various types of courts, and accurately classifying the lawsuit is of utmost importance to prevent time loss and ensure effective protection of legal rights in Turkey.

• Determining Court Types: There are different types of courts such as civil courts, criminal courts, administrative courts, each focusing on specific legal issues or types of cases. Therefore, it is essential to classify the lawsuit correctly.
• Selecting the Appropriate Court According to the Nature of the Case: Choosing the competent and jurisdictional court depending on the nature of the case is critical. For example, sue in civil courts should be chosen for cases related to property, while tax courts are preferred for tax-related matters.
• Consequences of Filing a Lawsuit in the Wrong Court: Applying to court in Turkey to the wrong court can lead to serious consequences. Apart from time and financial losses, irreversible loss of rights may occur. This highlights how selecting the wrong court can result in permanent harm to the protection of legal rights in Turkey.
• Effective Management of the Legal Process: Choosing the correct court contributes to the effective management of the legal process. Applying to court in Turkey in the appropriate court allows for faster and more efficient resolution of the case.

Choosing the right court is a fundamental step in successfully completing the lawsuit process in Turkey. It is crucial for preventing time, cost, and loss of rights, and ensures the effective and fair execution of the legal process, thereby protecting the plaintiff’s rights.

3) COLLECTING EVIDENCE AND DOCUMENTS

In the process of pursuing a lawsuit in Turkey, gathering evidence and documents that support the petition and strengthen the claims is a critical step towards achieving a successful outcome. However, presenting unnecessary evidence can complicate the case file and lead to important evidence being overlooked by the judge. Therefore, careful consideration is essential when selecting and preparing documents. Key points to consider during the evidence collection phase include:

• Identifying Documents that Support the Claims: The first step is to identify documents that will bolster and support the claims. Understanding the key points that form the basis of the case helps determine the types of documents needed.
• Avoiding Unnecessary Documents: Alongside identifying necessary documents, it is crucial to avoid unnecessary ones. Overcrowding the file with unnecessary documents can complicate the evaluation process by the judge.
• Assessing the Legal Admissibility of Documents: Evaluating the legal admissibility of collected documents is important. Documents that are not legally valid can potentially lead to an unfavorable outcome for the case.
• Organizing and Classifying Evidence: Organizing and classifying collected documents is important for maintaining the file’s structure. Categorizing evidence by relevant topics helps the judge evaluate them more effectively.
• Timely Collection of Documents: The timing of document collection can impact the course of the case. Gathering documents promptly can prevent future complications and expedite the lawsuit process.

The selection and preparation of documents are crucial for the successful dispute resolution of the lawsuit. Carefully chosen and organized documents strengthen the claims and contribute to a fair dispute resolution of the case.

4) PREPARING THE PETITION

Initiating a lawsuit begins with the submission of a petition to the court, which serves as the foundational document for the case. The accurate and thorough preparation of the petition is crucial for the effective and fair progression of the legal process. Key elements that should be included in the petition are:

• Court Name: The petition must clearly state which court it is addressed to. The name of the court should be accurately written.
• Information of the Parties: The petition should include the full name, surname, address, and Turkish Republic identification number (TC Kimlik No) of both the plaintiff and the defendant. Additionally, information about legal representatives of the parties and the plaintiff’s attorney should be provided if applicable.
• Subject Matter and Value of the Claim: The subject matter of the claim must be clearly stated in the petition. In cases concerning property rights, the value of the claim should also be specified.
• Alleged Facts: Clear summaries of the facts upon which the plaintiff’s claim is based should be listed numerically in the petition. It should also specify which evidence will support each alleged fact.
• Legal Grounds: The legal grounds upon which the plaintiff relies should be clearly stated in the petition. This forms the legal basis of the claim.
• Relief Sought: The petition should clearly state the relief sought by the plaintiff. Additionally, it should include the signature of the plaintiff, their legal representative if applicable, or their attorney.
• Inclusion of Documents: The original or copies of the documents referred to in the petition should be attached. These documents should be provided in duplicate, plus an additional copy for each defendant, without any fees or taxes.

Careful attention to these fundamental elements when preparing the petition ensures the healthy progression of the legal process in Turkey. Furthermore, presenting documents in a complete and organized manner strengthens the case. Adherence to these elements during the process of filing a lawsuit in Turkey increases the likelihood of a favorable outcome and ensures the effective defense of legal rights.

5) APPLYING TO COURT IN TURKEY

The stage of applying to court in Turkey in the lawsuit process occurs after preparations have been completed. Applying to court in Turkey with the petition and relevant documents is a crucial step in initiating the lawsuit. There are some important points to consider during this process:

• Payment of Fees and Costs: In order to complete the process of filing a lawsuit, necessary fees and costs must be paid to the court. Failure to pay mandatory fees means the lawsuit is not considered filed, potentially leading to loss of rights. Therefore, it is important to ensure that fees and costs are paid in full.
• Submission of Petition and Documents: The prepared petition and required documents should be submitted to the court. The petition should be clear and concise, containing all necessary information and supported by documents that substantiate the claims.
• Examination and Evaluation of the Application: The application submitted to the court will be examined, and an initial evaluation of the case will be conducted. At this stage, the court will review the petition and documents to assess whether they are sufficient, and may request additional documents if necessary.
• First Hearing and Notification to Parties: Based on the court’s evaluation, if the case is accepted, a date for the first hearing will be set. Notification regarding the hearing will be sent to the parties involved.
• Commencement of Lawsuit Process: The lawsuit process formally begins with the first hearing. The court will hear statements from the parties, examine evidence, and conduct other proceedings related to the case.

Applying to court in Turkey marks the beginning of the lawsuit process. The carefully prepared petition and documents play a critical role in achieving a favorable outcome. Ensuring that the application is complete and organized contributes to the smooth progress of the court proceedings and proper management of the lawsuit.

6) PREPARING THE LAWSUIT FILE

The lawsuit process in Turkey, after applying to the court, involves organizing the file and meticulously preparing the necessary documents. Important steps for preparing the lawsuit file include:

• Court Record and Responses: After receiving the petition, the court will issue a record of acceptance letter. The opposing party will respond to the lawsuit, and these responses will be added to the file.
• Reviewing the File: It is necessary to review the lawsuit file either through the UYAP system or by visiting the court. Reviewing all documents and proceedings in the file is important for monitoring the progress of the case.
• Sorting and Copying Documents: To ensure proper management of the lawsuit, create a lawsuit file where copies of all documents are arranged chronologically. This organization makes your file more understandable and manageable.
• Petition and Attachments: Prepare the lawsuit petition and its attachments in more than one copy—one copy remains in the court file, while the others are sent to the defendant(s).
• Completing Missing Documents: There may be documents that were not submitted or served. Therefore, completing any missing documents ensures the smooth progress of the court process in Turkey.
• Updating the Lawsuit File: Throughout the lawsuit process in Turkey, if new documents emerge or changes occur, update the lawsuit file accordingly. This ensures that any additional information for the court is provided in a complete manner.

Having a well-organized and complete lawsuit file contributes to the effective management of the court process and lawsuit monitoring. Following the mentioned steps diligently helps in successfully completing the lawsuit process in Turkey.

WHAT IS REQUIRED TO FILE A LAWSUIT IN TURKEY

The requirements to file a lawsuit in Turkey can vary depending on the type of case. Therefore, obtaining professional legal support is crucial for effectively and safely navigating this process. Generally, the requirements to file a lawsuit in Turkey are outlined below:

1. Agreement with a Law Firm: The first step is to reach an agreement with a law firm or lawyer. During this process, the lawyer’s expertise, experience, and references should be carefully considered to select the right professional.
2. Obtaining a Power of Attorney from a Notary: A power of attorney must be obtained from a notary and given to the agreed-upon lawyer. The power of attorney is an official document authorizing the lawyer to conduct legal proceedings on behalf of the client.
3. Client-Lawyer Consultation: A detailed consultation between the client and lawyer is arranged. During this meeting, the client communicates the details of the case, presents evidence, and discusses expectations with the lawyer to formulate a legal strategy.
4. Preparation of the Lawsuit Petition: Based on the information received from the client, the lawyer prepares the lawsuit petition. The petition should include legal claims, support evidence, and be organized for submission to the court. The lawsuit petition is fundamental in initiating the lawsuit process.
5. Submission of the Lawsuit Petition to the Court: The prepared lawsuit petition is submitted to the relevant court. At this stage, the application to initiate the lawsuit is filed.
6. Service during the Lawsuit Process: During the lawsuit process in Turkey, the lawyer provides services to the client. This includes attending hearings, preparing defenses, and representing the client at every stage of the legal process.

These steps outline the essential requirements to file a lawsuit in Turkey. Seeking professional legal assistance ensures that these requirements are met effectively, enhancing the chances of a successful outcome in the legal proceedings.

HOW LONG DOES IT TAKE TO FILE A LAWSUIT IN TURKEY?

It is not possible to provide a definitive answer to how long it takes to file a lawsuit in Turkey. The duration of filing a lawsuit and its completion varies depending on different legal issues, courts, and types of cases. Here are some examples and timelines:

• Filing Time for Lawsuits: The time to file a lawsuit varies by case type. For example, the filing period for a lawsuit in tax court is 30 days, while for cases against precautionary attachments, it is 15 days. For reinstatement cases, a lawsuit must be filed in the labor court within 1 month from the notice of termination. In administrative lawsuits, the filing period is generally 60 days.
• Completion Time of Lawsuits: The completion time of the lawsuit process can vary significantly. According to statistics from the Ministry of Justice, the time for cases to be adjudicated ranges from an average of 300 to 600 days. However, these durations can vary from year to year.
• Factors Influencing Duration: There are many factors that influence the duration of a lawsuit. Factors such as the behavior of the parties, court workload, collection of evidence, and frequency of court hearings affect the lawsuit process. Additionally, cases that are more complex and require more time for resolution can extend the duration.

It is not possible to provide a definitive answer to how long it takes to file a lawsuit in Turkey, as the duration varies depending on the complexity, type, and court of the case. Therefore, it is important to be prepared and plan according to the complexity of the lawsuit process from beginning to end.

HOW MUCH DOES IT COST TO FILE A LAWSUIT IN TURKEY?

The costs of filing a lawsuit vary depending on the type of court where the lawsuit is filed, the subject matter of the case, the value of the claim, the number of parties involved, the number of witnesses, and the need for expert opinions and discovery. Here is a general overview of filing costs in civil and administrative courts:

• Civil Courts: Filing costs in civil courts vary based on the value of the claim, the number of parties, the number of witnesses, expert opinions, and discovery requirements. These factors can increase or decrease the costs of filing a lawsuit. On average, filing costs range between 3.000-4.000 Turkish Lira. Court fees are calculated based on the value of the claim, so they vary with each case.
• Administrative Courts: Filing costs in administrative courts also vary depending on factors such as the number of parties, witnesses, requests for hearings, requests to suspend administrative actions, and requests for discovery. These factors can influence whether filing costs in administrative courts increase or decrease.
• Criminal Courts: Criminal cases are initiated by the Public Prosecutors, and therefore, there are no fees or costs to file a criminal case. Individuals file complaints, and if the Public Prosecutor finds merit in the complaint, they prepare an indictment and initiate the case in the Criminal Court.

There is no definitive answer to how much it costs to file a lawsuit in Turkey, as costs vary depending on the type of case and the value of the claim and appeal process in Turkey. Lawsuit costs generally include attorney fees, court fees, expert fees, discovery expenses, and other related expenses. It is important to have a detailed discussion with your lawyer regarding costs and fees before proceeding with legal action.

IS IT POSSIBLE TO SUE SOMEONE LIVING ABROAD IN TURKEY?

It is possible to sue someone who lives abroad in Turkey. However, this involves specific procedures and international legal regulations. Here are the key points to know about suing someone living abroad in Turkey:

• If the Person is a Turkish Citizen: If the person living abroad is a Turkish citizen, the lawsuit petition will be sent to their address in the foreign country. However, for the service of process (tebligat), application must be made to the Turkish consulate in that country.
• If the Person is Not a Turkish Citizen: If the person living abroad is not a Turkish citizen, the possibility of service of process depends on whether there is a bilateral agreement between their country of citizenship and Turkey. If such an agreement exists, service of process can be conducted under its provisions.
• Service of Process via Request for International Judicial Assistance: Even in the absence of a bilateral agreement, Turkish courts can request service of process through international judicial assistance. In this case, the Turkish court would request assistance from the foreign court to arrange for service of process.

Suing someone in Turkey living abroad involves adherence to international legal procedures and may take time. However, by complying with existing regulations, the legal process can be effectively carried out to reach the individual abroad. It is important to seek legal advice and manage the process correctly in such cases.

LITIGATION TRACKING IN TURKEY

Litigation tracking in Turkey refers to the judicial process pursued to resolve legal disputes. This process begins with the filing of a lawsuit and typically concludes before a judge or panel. Litigation tracking in Turkey involves defending the client’s legal rights or presenting their claims to the court. This process encompasses several stages and generally includes the following elements:

• Preliminary Review: The litigation tracking process starts with evaluating the situation and making a decision to file a lawsuit based on legal grounds. Legal expertise and consultation help understand the client’s rights and options.
• Filing a Lawsuit: In appropriate cases, a lawsuit is filed and an application is made to the court. The petition forms the basis of the lawsuit and is submitted to the court.
• Gathering Evidence and Discovery Phase: During these stages, parties present evidence to each other. This includes exchanging documents, witness statements, and other evidence.
• Settlement Negotiations: Within the court process, parties may engage in negotiations to reach a settlement. This may lead to resolving the case without going to trial.
• Trial: If parties do not reach a settlement, the case proceeds to trial. Parties present their arguments to the court, question witnesses, and present evidence.
• Decision Stage: The court evaluates the parties’ arguments and reaches a decision. This decision is made in accordance with legal rules and laws.

The litigation tracking process in Turkey is generally long and complex. It can be costly and may involve expert opinions, technical reviews, and preparation of legal documents. Guidance and expertise from a litigation lawyer in Turkey play a critical role in defending the client’s legal rights throughout the litigation process.