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The lawsuit is opened with a petition to the court. The things that should be in this petition are stated below. The lawsuit petition is registered to the relevant court after the payment of the advance fee and expense advance if the lawsuit is subject to charge, and only the expense advance if the lawsuit is not subject to charge, and your lawsuit will be filed on this date.
The determination of a civil lawsuit in 2010, according to Justice Ministry statistics across Turkey took an average 209 days. This period varies according to the courts.
For example, in 2010, on average;
- In the Court of Intellectual Property Rights in 544 days,
- In 455 days at the Commercial Court of First Instance,
- In 446 days at the Labor Court,
- In the Family Court 165 days,
- The decision was made in 109 days at the Civil Court of Peace.
It is your constitutional right to apply to the courts and request your right to be returned to you in lawsuits where you think you have been wronged. Do not hesitate to use this right. However, while using this right, you should consider the issue thoroughly.
While filing a lawsuit, you, as the plaintiff, have to pay a certain amount of judgment fee and an advance payment of the amount shown in the list published by the Ministry of Justice every year. If you win the lawsuit, you can get these expenses and fees back from the other party.
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If you are not going to benefit from a lawyer, ask the following questions to your cat;
- Are you sure you have enough information to file a lawsuit?
- Are you determined to follow up on your lawsuit? Failure to follow up after filing a lawsuit may result in your lawsuit being dismissed or not filed.
- Have you evaluated what kind of consequences it would have if your lawsuit was concluded negatively? If you have a solicitor, ask him to fully inform you of these matters;
- a)How much will your lawsuit cost you? (Litigation fee, expenses and attorney fees, etc.)
- b)What will be the additional cost you will bear if you lose the lawsuit? (Lawsuit fee to be completed, attorney fee to be paid to the other party, court costs etc.)
- c)Are there any other legal methods that can be applied to remedy the injustice you have suffered?
Lawsuits should be opened in authorized and authorized courts. After determining which type of court is competent, you must also determine which court of ground is competent. Since there is no short answer to this question and applying to the wrong court can result in loss of time, money and rights, it may be helpful to seek professional help from a lawyer on this issue before filing your lawsuit.
No, it is not compulsory to hire a lawyer. However, remember that a lawyer will be very helpful to you. If you are unsure of your knowledge of the law and procedure, seek the help of a lawyer. If your financial situation is not suitable to hire a lawyer, remember that you have the right to apply to your provincial bar and request the appointment of a lawyer within the scope of "Legal Aid". In this regard, please see the "Legal Aid" brochure.
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