Case File Inquiry and Case Opening Procedures

Case File Inquiry and Case Opening Procedures. Initiating legal processes requires meticulousness and knowledge. The successful conclusion of a lawsuit is directly related to a correct start. Lawsuit filing procedures and the subsequent lawsuit file inquiry process are the topics that citizens are most curious about. The Turkish Legal System has facilitated processes with digital tools like UYAP. However, strict adherence to procedural rules is mandatory. This article examines the 6 basic steps of the lawsuit filing process. How the lawsuit file is tracked digitally is discussed in detail.

I. Lawsuit Filing Procedures: 6 Basic Steps

The process of filing a lawsuit is the bringing of a legal dispute to court. This process is subject to the provisions of the Code of Civil Procedure (HMK).

1. Legal Consultation and Dispute Identification: The nature of the dispute is determined first. Which legal path will be resorted to is decided. Working with a lawyer is highly recommended in this process. Consulting services reveal the type of lawsuit and its legal risks.

2. Determination of the Authorized and Competent Court: Choosing the correct court to file the lawsuit is essential. The competent court is determined according to the subject of the lawsuit (Civil Court of First Instance, Consumer, Family, etc.). The authorized court is determined according to geographical settlement or contract conditions. A lawsuit filed in the wrong court is dismissed on procedural grounds.

3. Checking the Mandatory Mediation Requirement: Mediation is mandatory for some commercial lawsuits and labor lawsuits. An application to a mediator must be made before filing the lawsuit. If the lawsuit is filed without completing the mediation process, the lawsuit is dismissed on procedural grounds.

4. Preparation of the Lawsuit Petition: The lawsuit petition forms the heart of the lawsuit. The petition must include all elements specified in the HMK. Requests must be clearly and concisely expressed. Factual and legal justifications are explained in detail. The list of evidence and witnesses must be attached to the petition.

5. Payment of Fees and Expense Advance: Filing a lawsuit is subject to a fee. Filing fees, judgment fees (completed later), and power of attorney fees are paid. Furthermore, an expense advance is paid in advance for costs such as notification and discovery. Incomplete payment of these fees delays the filing of the lawsuit.

6. Application to the Court Cashier and Registration (Distribution): The prepared petition and attachments are submitted to the court cashier. The cashier checks the fees and advances. The file is distributed to the competent court through the UYAP system (distribution). With this procedure, the lawsuit is officially filed and receives a fundamental number.

II. Lawsuit File Inquiry: Digital Tracking Methods

Tracking the process after the lawsuit is filed is critically important. Legal processes can take a long time.

A. Inquiry via the UYAP Citizen Portal: The National Judicial Network Information System (UYAP), run by the Ministry of Justice of the Republic of Turkey, is essential. The Citizen Portal allows everyone to track their own lawsuit file.

• Access: Entry is made with an e-Government password or mobile signature.
• Viewing: The status of the file, hearing dates, and decisions can be viewed. The hearing minutes and petitions are examined. This access authorization belongs only to the party to the lawsuit.

B. Inquiry via E-Devlet (e-Government): The e-Government portal provides easy access to citizens. The “Lawsuit File Inquiry” service is used. Only the basic information and the latest status of the file are shown here. Detailed documents are located in the UYAP portal.

C. Tracking Through a Lawyer: The safest and most detailed method of tracking is through a lawyer. Lawyers see every movement of the file instantly through the UYAP Lawyer Portal. They upload new documents to the system. Missing legal deadlines is thus prevented.

III. Management and Aftermath of Trial Processes

The legal process officially begins after the lawsuit is filed. Parties must comply with procedural rules.

A. Notification Procedures: The lawsuit petition is notified to the opposing party. Notification is mandatory for the legal period to begin. The notification period is clearly defined in the HMK. Whether the notification has been made in accordance with the procedure is checked.

B. Time Limit for Response and Submission of Evidence: The defendant prepares a response petition against the lawsuit petition. There is a legal period for submitting the response petition. Evidence must also be submitted within this period. These periods usually cannot be extended.

C. Hearing Preparation and Attendance: The first hearing is the preliminary examination hearing. In this hearing, the prerequisites of the lawsuit and preliminary objections are examined. Attendance at the hearing is mandatory. Proceedings are carried out in the absence of the party who does not attend the hearing.

D. Judgment and Appeal Process: The court renders a judgment at the end of the trial. The judgment is written with its justification. Parties can appeal the judgment to a higher court. An appeal application is made to the Regional Courts of Justice. The appeal route is opened at the Council of State or the Court of Cassation.

IV. Critical Points to Consider in Legal Processes

Successful management of the lawsuit file depends on small details.

• Importance of Deadlines: Legal deadlines are definite and clear. Missing a deadline leads to a loss of rights. The role of the lawyer is very significant in tracking deadlines.
• Burden of Proof: Every asserted situation must be proven. The complete and procedurally correct submission of evidence is mandatory.
• Expense Management: Trial expenses must be regularly tracked. If the expense advance runs out, an additional advance is requested. Failure to complete the advance may cause the lawsuit to be suspended.

Conscious Tracking in Digitalized Law

Case File Inquiry and Case Opening Procedures. Lawsuit filing and file inquiry procedures have been facilitated by increased legal awareness. Digitalization offers citizens the opportunity to track the process. However, expert support is essential for the lawsuit to be based on correct foundations. Selecting the authorized court, the correct petition, and tracking deadlines determine the fate of the lawsuit. Legal processes can be complex. However, protecting rights is possible with conscious and disciplined tracking.