Filing a Lawsuit
In the civil justice, the filing of the lawsuit is done by submitting the petition. In the petition of the lawsuit; the elements that should be included are regulated in Code of Civil Procedure (HMK) Art.119. If there is a deficiency in the petition, it is subject to the conclusion that the deficiency is completed by giving time as a rule, and if it is not completed, the case is deemed not opened.
It is of utmost importance that each of the issues that should be included in the petition of the lawsuit are fully addressed from the beginning to the end of the lawsuit. Such that the submission of the petition the deficiency detected in the petition during or after the lawsuit is filed, may delay or worse, make it impossible to obtain your right to be sued. Therefore, keeping the right that is the subject of the lawsuit under guarantee both while filing a lawsuit and during the trial of the case depends on the existence of a competent and experienced lawyer.
On the other hand, after the lawsuit is filed, it takes an average of two to three years for this case to be concluded only in the first instance court without applying to the higher courts. In this process, the follow-up of the lawsuit requires a large number of procedural procedures and other legal procedures, such as being present at every hearing and responding to every notification received. For all these reasons, getting legal support from a specialist lawyer will relieve you significantly in this process.
After the lawsuit petition is prepared, a lawsuit is filed as soon as the plaintiff submits the petition containing the elements in the law to the dispatch office in the courts or to the editorial staff assigned for these works. According to the law, as many samples as the number of defendants are added to the lawsuit petition. Without all these physical actions by the plaintiff’s attorney lawsuits can also be filed with a secure electronic signature over UYAP used by lawyers.
There is an obligation to pay a fee and advance payment while filing a lawsuit. By law at the beginning the trial is unnecessarily prolonged and even this situation can be abused due to the failure to pay the costs. For this reason, there is an obligation to pay an advance and this is subject to a fixed period.
The first procedural transaction made by the court after the filing of the lawsuit is the preparation. It is the report stating that the lawsuit petition for which a registration report is given contains the necessary legal elements and that the trial will be carried out according to this petition. In the Premilinary proceedings report; by the court, the case has been filed and the petition has been accepted, the procedure in which the lawsuit will be carried out and the parties to do so at the stage of petition exchange required actions are specified.
The petition of the lawsuit is notified to the defendant by the court. Within two weeks from the notification of the defendant’s lawsuit petition, the facts alleged against him in the petition will be able to give answers with a petition for reply. The plaintiff, within two weeks from the notification of the letter of reply to the reply petition; the defendant is also the plaintiff’s response he/she may submit a second reply petition within two weeks of his notification.
After the petitions are given mutually, the court determines a hearing date. In this hearing, it determines the issues that the parties agreed and disagreed with. After the determination of dispute matters, the judge encourages the parties to conciliation or mediation. In other words, the court offers alternative solutions to the parties in order to prevent prolongation of the trial. Whether the parties get a result from the settlement or mediation activity is determined by a report.
In case the parties cannot agree as a result of the settlement or mediation activity, the investigation phase is initiated. The investigation stage is the stage where the allegations and defenses are examined and the evidence is discussed. Therefore, at this stage, whether the parties are right or not, there is an activity of proof around the presented evidence. It is tried to be determined by realizing. Burden of proof, unless there is a special regulation in the law, it belongs to the party that derives rights in its favor from the legal result linked to the alleged fact. By examining the evidence submitted by the parties, the court finally reaches a conclusion on the justification of the case. He asks the parties their last words and gives their verdict.
The Result of Termination of the Lawsuit
Except for some exceptional cases, it is not obligatory to wait for the final decision by the party whose favor has been decided by the court (judicial execution). In the event that the person obliged to fulfill the court decision (verdict) is not executed within the period granted voluntarily by the party in favor of whom the decision has been made, the creditor may immediately apply to the nearest Enforcement Office and request the debtor to commence enforcement proceedings.
We have stated that there are also court decisions that must be finalized in order for the decision to be executed. Sometimes this final decision of the court itself constitutes final judgment. Sometimes this decision does not constitute a final judgment. The finalization of this decision; In order to clearly demonstrate the rights and obligations, rights and obligations of the parties, the parties must apply to the upper courts within certain periods. In this case, the decision to be made by the Court of Appeals or the Supreme Court may constitute a final judgment.
If the parties do not apply to the upper court within the time given by the court, the court decision will become a final judgment at the end of this period. Thus, after a long trial and process, the right to be sued was finally secured with a definitive judgment. After the execution of the execution, initiating the enforcement proceeding with judgement will be possible by applying to the Executive Office.
You can contact us to get information about enforcement proceedings.
