How to File a Case – The concept of filing a lawsuit; means to claim a right before the court, often against a person or institution, as a result of applying to the judiciary in order to reach a legal result and obtain a verdict. Unlike criminal cases, civil cases are filed as a result of an application.
Litigation consists of several stages. If you are going to follow up your case by giving a power of attorney to a lawyer, you can easily overcome these stages thanks to the professional legal assistance you will receive. The purpose of this article is to guide individuals who will pursue their legal case without power of attorney.
How to File a Case
1 OFFICIAL AND AUTHORIZED COURT IS DETERMINED
The determination of the competent court means that the determination of the court in which the case will be heard is determined according to the “duty” rules. If you file the case in a non-commissioned court, your petition will be denied.
To exemplify the division of duties among the courts; Civil Court of First Instance, Civil Court of Peace, Consumer Court, Labor Court….
The determination of the competent court, on the other hand, means that the determination of the court in which the case will be heard is determined according to the rules of jurisdiction. If the case is filed in a non-competent court, if the authority in the type of case is due to public order (existence of strict authority rule), even if the parties agree that the court is authorized, the court will give a decision of lack of jurisdiction ex officio and reject the lawsuit petition. In cases where the authority is not due to public order (the absence of a definite authority rule), as a result of the objection of the other party regarding the authority within the given time, the court will give a decision of lack of jurisdiction and decide to reject the petition.
To exemplify the separation of powers between courts; Istanbul Courts, Ankara Courts, Izmir Courts…
2 CASE PETITIONS ARE PREPARED
As a rule, the petitions to be prepared for the lawsuit should be in a certain order. Petition; on a plain, unlined, white paper; It should be written by computer or with an ink pen.
In your petition, you should concisely explain your reason for filing the lawsuit.
3 PROCESSES TO BE DONE AT THE COURT
You must go to the courthouse and take a line from the dispatch office. After the turn comes, the relevant file is handed over to the officer and the officer is charged a fee covering the advance expenses and fees according to the information in the file. This fee is paid by going to the cashier and the case file is delivered to the officer.
As a result of these transactions, the officer will process the file in question into the system, write the judge’s annotation on the processed file and sign it with a date. The file will then be transferred to the court pen or the editorial office and recorded in the case book. As soon as the case is registered in the main book, the case will be officially opened. With the opening of the lawsuit, a summons is sent to the concerned parties.
I must state that it is best to seek legal assistance from a lawyer to file a lawsuit. If you do not think that you have sufficient knowledge of law and procedural matters, seek legal assistance from an expert lawyer. If your financial situation is not suitable for getting legal aid from a lawyer, please remember that you have the right to request a lawyer to be appointed to you within the scope of Legal Aid, by applying to the bar association of your province.