Judicial recess

Matters heard during the judicial recess

The courts do not close entirely during the judicial recess. In the civil courts, the following lawsuits and matters continue during the recess (HMK art. 103(1)):

• Requests for interim legal protection, such as interim injunctions, precautionary attachments and preservation of evidence, and objections to them
• All kinds of alimony and maintenance lawsuits; parentage, custody and guardianship matters
• Correction of civil registry records
• Lawsuits brought by employees arising from employment contracts
• Cancellation proceedings concerning lost commercial books and negotiable instruments
• Bankruptcy, concordat (composition with creditors) and restructuring matters
• Site inspections that the court has decided to carry out during the recess
• Court matters relating to arbitration
• Non-contentious proceedings
• Matters that the law treats as urgent or that the court considers urgent

In these matters, time limits are not extended because of the recess. If the parties agree, or if the other party does not attend, these matters may also be postponed until after the recess at the request of the party present (art. 103(2)).

In matters subject to the recess, lawsuits can still be filed, appeal petitions and statements of defence can still be submitted, and documents can still be served (art. 103(3)). In other words, the recess does not prevent you from filing petitions; it only extends a time limit that expires during the recess.

In criminal matters

The criminal courts also suspend work between 20 July and 31 August (CMK art. 331(1)). Investigations and detention matters continue during the recess. Time limits that fall within the recess are deemed extended by three days from the end of the recess (art. 331(4)). Do not rely on this extension where the defendant is in pre-trial detention; during the recess the Court of Cassation and the regional courts of appeal review only detention matters (art. 331(3)).

In the administrative courts

The Council of State (Danıştay), the regional administrative courts and the administrative and tax courts also suspend work on the same dates. Time limits that end during this period are extended by seven days from the day after the recess ends (İYUK art. 8(3)). Urgent matters, such as requests for a stay of execution, are dealt with by recess panels.