Litigation in Turkey
In Turkey, a suit can be filed by filing a lawsuit petition to a court or done online via the National Judicial Web Informatics System (UYAP).
When filing a lawsuit, the first thing to pay attention are the rules governing jurisdiction and territorial jurisdiction. Territorial jurisdiction is related to the geographic location of the court while jurisdiction is related to the courts area of competence.
The Laws of Jurisdiction Is Required for Public Order
According to the Turkish Civil Procedure Code (HMK) art. 1, jurisdiction of the courts shall be regulated only by law and the provisions related to jurisdiction are associated with public order. This means that abiding with the laws of jurisdiction is required for public order, jurisdiction rules are taken into consideration ex officio and jurisdiction objections can be made throughout the case. The general jurisdiction courts are The Courts of First Instance and Civil Courts of Peace. Special jurisdiction courts have seperate laws. Examples to these are; Family, Labour and Cadastres Courts.
According to HMK art.6, The Court having general territorial jurisdiction is the court at the domicile of the defendant or legal person when the action brought. This is the general territorial rule. In the following articles of the HMK special territorial jursidictions are present, such as; Jurisdiction In Case Of Exisiting Two or More Defendants, Jurisdiction over actions in Contract and Jurisdiction related to the persons who reside a place temporarily.
The Plaintiff Does Not to Hire A Lawyer
In Turkish Civil Procedure Law, representation in a lawsuit by a lawyer is not mandatory. The plaintiff does not to hire a lawyer in order to file a lawsuit or proceed in a lawsuit. Anyone who is competent to sue and has a standing to sue can also pursue their case in person. Delegating an agent is a preference for the party who wishes to do so. However, if a party wishes to delegate an agent this agent has to be a bar registered lawyer. This rule is called “lawyer monopoly”.
According to the 2019 Legal Statistics Report, it takes 280 days on average for a Civil Court in Turkey to issue a judgement. According to the same report, a total of 2.124.441 cases have been conclued in 2019 by the Civil Courts.