Litigation 2025 Comparisons

Last Updated December 03, 2024

Turkey

Law and Practice

1. General

1.1 General Characteristics of the Legal System

1.2 Court System

1.3 Court Filings and Proceedings

1.4 Legal Representation in Court

2. Litigation Funding

2.1 Third-Party Litigation Funding

2.2 Third-Party Funding: Lawsuits

2.3 Third-Party Funding for Plaintiff and Defendant

2.4 Minimum and Maximum Amounts of Third-Party Funding

2.5 Types of Costs Considered Under Third-Party Funding

2.6 Contingency Fees

2.7 Time Limit for Obtaining Third-Party Funding

3. Initiating a Lawsuit

3.1 Rules on Pre-action Conduct

3.2 Statutes of Limitations

3.3 Jurisdictional Requirements for a Defendant

3.4 Initial Complaint

3.5 Rules of Service

3.6 Failure to Respond

3.7 Representative or Collective Actions

3.8 Requirements for Cost Estimate

4. Pre-trial Proceedings

4.1 Interim Applications/Motions

4.2 Early Judgment Applications

4.3 Dispositive Motions

4.4 Requirements for Interested Parties to Join a Lawsuit

4.5 Applications for Security for Defendant’s Costs

4.6 Costs of Interim Applications/Motions

4.7 Application/Motion Timeframe

5. Discovery

5.1 Discovery and Civil Cases

5.2 Discovery and Third Parties

5.3 Discovery in This Jurisdiction

5.4 Alternatives to Discovery Mechanisms

5.5 Legal Privilege

5.6 Rules Disallowing Disclosure of a Document

6. Injunctive Relief

6.1 Circumstances of Injunctive Relief

6.2 Arrangements for Obtaining Urgent Injunctive Relief

6.3 Availability of Injunctive Relief on an Ex Parte Basis

6.4 Liability for Damages for the Applicant

6.5 Respondent’s Worldwide Assets and Injunctive Relief

6.6 Third Parties and Injunctive Relief

6.7 Consequences of a Respondent’s Non-compliance

7. Trials and Hearings

7.1 Trial Proceedings

7.2 Case Management Hearings

7.3 Jury Trials in Civil Cases

7.4 Rules That Govern Admission of Evidence

7.5 Expert Testimony

7.6 Extent to Which Hearings Are Open to the Public

7.7 Level of Intervention by a Judge

7.8 General Timeframes for Proceedings

8. Settlement

8.1 Court Approval

8.2 Settlement of Lawsuits and Confidentiality

8.3 Enforcement of Settlement Agreements

8.4 Setting Aside Settlement Agreements

9. Damages and Judgment

9.1 Awards Available to the Successful Litigant

9.2 Rules Regarding Damages

9.3 Pre-judgment and Post-judgment Interest

9.4 Enforcement Mechanisms of a Domestic Judgment

9.5 Enforcement of a Judgment From a Foreign Country

10. Appeal

10.1 Levels of Appeal or Review to a Litigation

10.2 Rules Concerning Appeals of Judgments

10.3 Procedure for Taking an Appeal

10.4 Issues Considered by the Appeal Court at an Appeal

10.5 Court-Imposed Conditions on Granting an Appeal

10.6 Powers of the Appellate Court After an Appeal Hearing

11. Costs

11.1 Responsibility for Paying the Costs of Litigation

11.2 Factors Considered When Awarding Costs

11.3 Interest Awarded on Costs

12. Alternative Dispute Resolution (ADR)

12.1 Views of ADR Within the Country

12.2 ADR Within the Legal System

12.3 ADR Institutions

13. Arbitration

13.1 Laws Regarding the Conduct of Arbitration

13.2 Subject Matters Not Referred to Arbitration

13.3 Circumstances to Challenge an Arbitral Award

13.4 Procedure for Enforcing Domestic and Foreign Arbitration

14. Outlook

14.1 Proposals for Dispute Resolution Reform

14.2 Growth Areas

Law and Practice in Turkey

Author(s)

No Contributing Authors