TÜRKIYE Law and Practice Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
to inform clients transparently about anticipated attor- ney’s fees, court charges, expenses for experts and evidence, and the potential financial risks of the pro- ceedings, including adverse-costs liability. In cases where expected costs are significant, lawyers are also expected to advise clients on alternative dispute reso- lution methods or other cost-efficient options.
dismiss the case without proceeding to the evidentiary phase. Where a party asserts that the opposing claim is inad- missible or procedurally defective, it may raise the rel- evant objection during preliminary examination, and the court may hold a hearing to allow both parties to present their arguments. If the file shows that the dispute can be resolved as a matter of law or that the relevant facts are undisputed, the court may also issue a merits decision without taking further evidence. In all such cases, the court exercises its discretion within the statutory framework, rather than through a formal “early judgment” application procedure. 4.3 Dispositive Motions Turkish civil procedure does not contain “dispositive motions” in the common-law sense, but a case may be resolved at an early stage through statutory mech- anisms examined during the preliminary examination. At this stage, the court may dismiss the action based on the absence of a condition of action – such as lack of jurisdiction, failure to satisfy mandatory mediation requirements, lack of legal interest, or non-payment of the advance for costs – or on first objections ( ilk itirazlar ), including territorial jurisdiction objections or a statute of limitations defence raised by the defend- ant. These issues may dispose of the case before any evidence is taken. In addition to these dispositive mechanisms, parties may make interim or protective applications – such as requests for precautionary injunctions under Article 389 of the CPC, precautionary attachment under the Enforcement and Bankruptcy Law, or applications for determination of evidence in cases where evidence may be lost. While these do not terminate the pro- ceedings, they are commonly made before trial as part of case preparation and temporary legal protection. 4.4 Requirements for Interested Parties to Join a Lawsuit Under the CPC, third parties may join an ongoing lawsuit in two forms. Through auxiliary intervention ( fer’i müdahale ), a person whose legal interests may be affected by the outcome may seek to support one of the existing parties. The intervenor files a petition
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
Interim applications are permitted under Turkish law. Parties may request interim injunctive relief ( ihtiyati tedbir ), attachment orders for monetary claims ( ihtiyati haciz ), or the determination of evidence ( delil tespiti ) in order to preserve their rights pending trial. Pursuant to Article 390 of the CPC, interim injunctive relief may be sought from the court with jurisdiction over the merits before the action is filed, and from the trial court once proceedings have commenced. Interim measures may also be granted in arbitration. Unless otherwise agreed, the arbitral tribunal may order interim relief or the taking of evidence, although enforcement of such measures generally requires recourse to the competent state court. A party seeking interim relief must submit a peti- tion setting out the urgency and factual basis of the request, and may be required to provide security. Interim decisions are based on the evidence pre- sented at this stage and are generally available where immediate protection is necessary. Orders on interim applications may be appealed through the ordinary appellate mechanisms. 4.2 Early Judgment Applications Turkish civil procedure does not recognise a summary judgment or strike-out mechanism in the common-law sense. However, during the preliminary examination stage under Articles 137–142 of the CPC, the court may dispose of the case at an early phase by ruling on procedural objections and conditions of action, such as lack of jurisdiction, absence of legal interest, failure to meet mandatory procedural requirements, or stat- ute of limitations objections raised by the defendant. If any of these bars are established, the court may
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