Law of Civil ProcedureWhat are the Process of Filing a Lawsuit and Required Documents?

Filing a lawsuit, which is the process of claiming a right through the court or resolving a legal dispute, is one of the most basic ways that individuals apply in their pursuit of justice. In Turkey, civil lawsuits are conducted in accordance with the provisions of the Code of Civil Procedure No. 6100 (CPL). The process of filing a lawsuit does not only consist of submitting a petition, but also includes many stages such as determining the right court, collecting the evidence completely, following the legal deadlines and acting in accordance with the procedural rules. Managing this process correctly and meticulously is of vital importance in order to avoid loss of rights and to conclude the case in favour.

Legal Framework: Right to File a Lawsuit and Procedural Rules

Everyone has the right to a fair trial by means of claim and defence as a plaintiff or defendant before the judicial authorities by making use of legitimate means and remedies. This right is guaranteed by Article 36 of the Constitution of the Republic of Turkey. The Code of Civil Procedure, on the other hand, regulates in detail how to exercise this right, the conditions for filing a lawsuit, the content of the petition, the submission of evidence and the trial process.

Litigation Process and Steps

1. Determination of the Competent and Authorised Court: The most important step before filing a lawsuit is to determine which court is competent and authorised to hear the case.

   • Competent Court: It is determined according to the subject of the case (for example, Family Court for divorce cases, Labour Court for labour claims, Commercial Court of First Instance for commercial cases, Civil Court of First Instance for general civil cases).
   • Competent Court: It determines in which court the lawsuit will be filed geographically. The general competent court is the court of the defendant’s domicile. However, there may be special jurisdiction rules such as the place of performance of the contract in contractual cases, the place where the act was committed or the damage occurred in tort cases.

2. Preparation of the Statement of Claim: A petition containing all the elements specified in Article 119 of the CCP, supported by complete and legal arguments must be prepared. In the petition, the summary of the case, legal grounds, the result of the claim and the evidence should be clearly stated.

3. Collection of Necessary Documents and Evidence: Each claim stated in the statement of claim must be demonstrated by the evidence to be proved, and the evidence must be attached to the statement of claim or the evidence relied upon must be clearly stated. The necessary documents and evidence may include the following:

   • Written Documents: Contracts, invoices, receipts, correspondence (e-mails, letters), land registry records, population registration samples, bank account statements, reports, minutes, photographs, etc.
   • Witness List: It is submitted to the court by stating the names, surnames and addresses of the witnesses.
   • Request for Expert Examination: Expert examination may be requested on matters requiring technical or specialised knowledge.
   • Discovery Request: Discovery may be requested for the examination of immovables or the crime scene.

4. Filing a Lawsuit and Fees: The lawsuit petition and the accompanying documents shall be submitted to the dispatch office of the competent and authorised court. When filing a lawsuit, legal expenses such as “application fee”, “advance fee” and “advance on expenses” are deposited to the court cashier. The full payment of these costs is mandatory for the case to be processed.

5. Notification and Reply Process: After the lawsuit is filed, the court notifies the defendant of the lawsuit petition. The defendant has a legal period (usually two weeks) to respond to the statement of claim. The defendant notifies the court of his/her claims, defences and evidence by submitting the reply petition within this period.

6. Preliminary Examination Phase: After the exchange of petitions is completed, the court holds a preliminary examination hearing. At this stage, the conditions of the case and initial objections are examined, the claims and defences of the parties are summarised, the necessary procedures for the collection of evidence are determined and the parties are encouraged to settle.

7. Investigation Phase: After the preliminary examination stage, the investigation stage begins. At this stage, evidence is collected and evaluated by the court. Witnesses are heard, expert reports are obtained, discoveries are made and other evidence is examined.

8. Oral Trial and Judgement: After the investigation phase is completed, the court sets a hearing date for the oral hearing. At this hearing, the parties present their final statements and the court makes a decision (judgement) by evaluating all the evidence and statements.

9. Legal Remedies (Appeal and Appeal): The parties have the right to appeal (regional court of justice) and appeal (Court of Cassation) against the judgement.

Filing a lawsuit is a complex process that requires legal knowledge, attention and diligence. Determining the right court, preparing the lawsuit petition in accordance with the CPL, collecting the evidence completely and not missing the legal deadlines are vital in terms of the favourable outcome of the case. In this process, it is of great importance to obtain professional legal support from a lawyer in order to prevent loss of rights and to ensure that the case is carried out in the most effective way.