Turkish Procedural Law

Turkish Procedural Law


 

Subsequent to establishment of modern Turkish Republic, the law regarding procedureal law had been changed in the light of Swiss law in 1927.
Since 1st October 2011, swiss adopted rules were applying to the proceedings of lawsuits in Turkey
Due to the need of speeding up the litigation procedure and candidateship for EU, a new Turkish procedure law is entered into force in 1st October 2011.
New law numbered as 61300 contains new in
Turkish Procedural Law
Subsequent to establishment of modern Turkish Republic, the law regarding procedureal law had been changed in the light of Swiss law in 1927.
Since 1st October 2011, swiss adopted rules were applying to the proceedings of lawsuits in Turkey
Due to the need of speeding up the litigation procedure and candidateship for EU, a new Turkish procedure law is entered into force in 1st October 2011.
New law numbered as 61300 contains new instruments especially for judicail proceedings. 
New law envisage new stages regarding judicial proceeding. According to that Turkish procedural law consists of pre-examiniation and examination stages.
Pre-examination Stage (Öninceleme Safhasi)
It is required to pass from this stage in order to reach examination stage where the case is examined entirely. In pre-examination stage, ethe court’s duty is to collect all evidences and proofs related to the case.
The court’s other duty is also to examine the conditions of case from the aspect of fullfiling requirementst of capability for proceeding.
The court is obliged to consider procedural objections claimed by the defendant. Subsequent to consideration of defendant’s claim the court may reject the in the first stage.
Procedural objections in first stage would be objections related jurisdiction of the court, presence of arbitration clause or arbitration contract.
In pre-examination phase, the court is also obliged to determine disputed matters between the parties. During that phase, court may request evidences from the parties or relevant authorities in order to comprehend every aspect of the case.
There is no time limite envisaged by the law regarding the duration of the pre-examination stage.
Hearing Assigment During Pre-Examination Stage
In case that the judge does not reject the case based on procedural rules in pre-examination stage, the judge must assign a date of hearing. Subsequent to determiantion of hearing date, the court serves the dates of the parties of the case.
This letter is called as “invitation request for pre-examination hearing. In this court letter, the parties are informed for prepreation of a peacefull solution.
During pre-examination hearing ,court indicate questions to parties whether they have some opinions to share with the court regarding conditions of the case or procedural objections. Then the court must determine the issues which area accepted by both parties and also which are not accepted (disputed matters)
Furing hearing, in case that both parties are not willing to involve in solution, the the court is obliged to record every disputed matters to the court’s reports.
This report will be considered by the court during examination procedure.
The pre-examationation hearing must be taken place only for once. In extra-ordinary situations, the court might find necessary to assign a new hearing.
Examination Stage
As mentioned in pre-examination stage, the court may reject the case based on procedural objections and there must be no any rejections related to the procedurla conditions of the case in order to proceed examination stage. 
In case that court approves to proceed examination stage, the court first put the pre-examination report on the table as a road map to follow for solving the case.
During examination stage, court can invite the parties for hearing. The witnesses, expert report’s preparation, discovery, examination of fraud claimed documents are the issues of this stage. The court is obliged to reach accurate evidences in order to decide on the case based on the informations gathered by the court or parties.

ABOUT THE AUTHOR: Atty. Gökhan Cindemir
He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkey and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.