Best Appeal Lawyers in Kagithane
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Turkey Appeal Legal Questions answered by Lawyers
Browse our 1 legal question about Appeal in Turkey and read the lawyer answers, or ask your own questions for free.
- What are the deadlines and grounds for filing an Istinaf appeal in civil cases in Turkey?
- I lost a civil case at the first instance and want to challenge the decision. Can I appeal to the Istinaf Court in Turkey, and what deadlines apply? Are new evidence or changes in law required for an Istinaf appeal?
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Lawyer answer by Serka Law Firm
The real issue is not simply whether an Istinaf appeal is possible, but whether the first instance judgment contains a concrete, outcome-changing error and whether the appeal clock has already started to run. In civil cases in Turkey, a first...
Read full answer
How appellate proceedings work in Kağıthane
Appeal cases from Kağıthane are generally handled within Istanbul’s court system. Civil and criminal files commonly move through the Istanbul Courthouse complex in Çağlayan, while Istanbul Regional Court of Justice reviews many first-instance decisions before any further review by the Court of Cassation.
Administrative disputes may proceed through Istanbul administrative courts and the Istanbul Regional Administrative Court. The correct route depends on the decision, the case type, the value in dispute, and whether the law permits an appeal or cassation review.
An appeal is not simply a second trial. The reviewing court examines the grounds raised in the petition, the lower court’s reasoning, the evidence in the file, and compliance with procedural rules. Missing the deadline or filing with inadequate grounds can seriously limit the available remedy.
When you may need an appellate lawyer
- A civil judgment was served: A lawyer can assess whether an appeal is available, calculate the deadline from proper service, and identify errors in evidence assessment or legal reasoning.
- You received a criminal conviction or acquittal decision: Counsel can prepare an appeal against the judgment, address unlawful evidence or procedural defects, and explain whether enforcement may continue during review.
- An Istanbul court rejected an interim measure: An appeal may be possible in disputes involving attachment, injunctions, commercial assets, or urgent protection of property.
- An administrative authority rejected an application: A lawyer can determine whether the correct step is an administrative lawsuit, an appeal from the administrative court, or another statutory application.
- The opposing party has appealed: A response petition and cross-arguments may be needed, even where the original judgment was favourable.
- The dispute involves a high-value or technically complex claim: Commercial, construction, employment, tax, and compensation appeals often require precise objections to expert reports and the first-instance reasoning.
Key Turkish laws governing appeals
The Code of Civil Procedure No. 6100 governs civil litigation, including regional appellate review and cassation. It entered into force on 1 October 2011. Its provisions on appealability, deadlines, petitions, and the powers of the regional appellate court must be read together with the specific dispute type.
The Code of Criminal Procedure No. 5271 governs criminal judgments and related remedies. It has applied since 1 June 2005 and has been amended several times, including changes affecting appeal procedures and time limits. The current deadline must be checked against the date and method of service.
The Administrative Procedure Law No. 2577 governs judicial review of administrative acts and administrative appellate procedures. It entered into force on 20 January 1982. Administrative appeal routes, filing periods, and whether a decision is subject to regional or cassation review depend on the decision and the governing legislation.
Frequently asked questions
Do I need a lawyer to file an appeal in Kağıthane?
Turkish procedure does not always require a lawyer to submit an appeal. Legal representation is usually advisable because formal requirements, deadlines, court fees, and grounds of review can determine whether the application is examined.
Where is an appeal from a Kağıthane court filed?
The filing is generally made through the court that issued the decision or through the permitted electronic court system. The competent reviewing body may be the Istanbul Regional Court of Justice, the Istanbul Regional Administrative Court, or the Court of Cassation.
How long do I have to appeal a civil judgment?
Many civil appeals must be filed within two weeks after service of the reasoned judgment. Exceptions and special statutory periods exist, so the service record and the type of proceeding must be checked before relying on that period.
How long do I have to appeal a criminal judgment?
Criminal appeal periods depend on the judgment and the applicable version of the Code of Criminal Procedure. Current rules commonly calculate the period from service, but transitional provisions and special remedies can affect the result.
Can an administrative decision from Istanbul be appealed?
Many first-instance administrative judgments can be reviewed by the Istanbul Regional Administrative Court. Some decisions are subject to restrictions, direct cassation, or special statutory procedures, so the judgment and underlying administrative measure must be examined.
Does filing an appeal stop enforcement?
Filing an appeal does not automatically suspend every legal consequence of a judgment. The effect depends on the case type, the judgment, enforcement rules, and any request for a stay or suspension.
Can new evidence be introduced during an appeal?
Appeal courts generally review the existing case file rather than conducting a completely new trial. New evidence may be considered in limited circumstances, particularly where it could not reasonably have been submitted earlier or is necessary to resolve a material issue.
What can the regional appellate court decide?
The regional appellate court may uphold the judgment, change it, send the case back, or take another action permitted by the applicable procedural code. Its powers depend on the type of case and the defects identified in the first-instance decision.
When can a case go to the Court of Cassation?
A decision may reach the Court of Cassation when the relevant legal conditions and monetary or subject-matter thresholds are satisfied. Not every regional appellate decision is open to cassation, and thresholds may change through annual revaluation.
How much does an appeal lawyer cost in Istanbul?
Fees depend on the case type, urgency, value, number of files, and work required for evidence and hearings. The parties should agree in writing on the lawyer’s fee, court charges, expert costs, and expenses that are excluded.
How long does an appeal take?
There is no single timetable for Istanbul appeals. Duration depends on the court’s workload, the complexity of the record, expert examinations, service issues, and whether the matter proceeds to cassation.
Can I appeal only part of a judgment?
Yes, an appeal can generally target specific orders or parts of a judgment. The petition should identify each challenged finding and explain the requested result, because unchallenged parts may become final.
Official resources for appellate matters
- Ministry of Justice and UYAP: The judicial information system provides official case and filing services, including permitted electronic access for parties and lawyers.
- Istanbul Courthouse and Istanbul Regional Courts: These courts handle filings, hearings, and appellate review within Istanbul’s civil, criminal, and administrative justice structure.
- Istanbul Bar Association: The professional bar organisation maintains lawyer-registration information and administers legal-aid services for eligible applicants through its relevant units.
Practical next steps for hiring an appellate lawyer
- Secure the complete file immediately: Obtain the reasoned judgment, service record, hearing minutes, expert reports, and UYAP documents as soon as possible.
- Confirm the deadline: Ask a lawyer to calculate the applicable period from the legally recognised service date, ideally within one or two days of receiving the decision.
- Check the remedy: Determine whether the matter requires a civil or criminal appeal, an administrative appeal, cassation, objection, or an application for a stay.
- Compare suitable lawyers: Select counsel with relevant Turkish appellate experience, especially in the underlying field such as employment, commercial, criminal, family, or administrative law.
- Request a written assessment: The assessment should identify the strongest grounds, weaknesses, likely procedure, urgent measures, and foreseeable costs.
- Agree the engagement terms: Confirm the scope of representation, fee, taxes, court charges, expert expenses, hearing attendance, and responsibility for electronic filing.
- File and monitor the case: Ensure the petition is submitted before the deadline and arrange regular checks of UYAP, service notices, responses, and hearing dates.
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