Appeal in Civil Litigation: Time Limit, Petition and Review of the Judgment

Date of research and legislative review: October 11, 2026

In civil litigation, appeal (istinaf) is the ordinary legal remedy by which the judgment of the court of first instance is reviewed by the regional court of appeal (Bölge Adliye Mahkemesi, BAM), both on the facts and on the law, within the limits drawn by the law. The general time limit for appeal is two weeks from the proper service of the reasoned judgment. However, not every decision is subject to appeal, and lodging an appeal does not by itself stop the enforcement of the decision. [1]

For the person who holds a court decision, the real question is not only "Can I appeal?" The part of the judgment to be challenged, the document in the file that will show the error, and the precise relief to be requested from the higher court must be determined together. An effective appeal petition turns an objection to the outcome of the judgment into a legal ground that can be reviewed.

This guide focuses on civil cases under the Code of Civil Procedure No. 6100 (HMK). Criminal and administrative litigation are governed by different rules. In matters subject to special regulation, such as decisions of the enforcement court, the general time limit and monetary thresholds of the HMK should not be applied directly. The explanations are intended as general information; they must be assessed on the basis of the concrete petition, decision and service documents.

What is appeal, and how does it differ from appeal on points of law?

In an appeal, the relevant civil chamber of the regional court of appeal conducts the review. The court may examine whether the facts were correctly established, the evaluation of the evidence, the procedure of the trial and the rules of law to be applied. Where necessary it may hold a hearing, and after setting aside the decision of the court of first instance it may give a new judgment. However, appeal does not allow the parties to reconstruct the action from the beginning without limit; the scope of the review and the submission of new evidence are subject to separate rules. [1]

In an appeal on points of law to the Court of Cassation (Yargıtay), the main function is the review of legality. Not every BAM decision is subject to appeal on points of law. For this reason, postponing objections to the assessment of the evidence on the basis that "I will explain it at the Court of Cassation anyway" creates a significant risk. The appeal petition is a procedural document which may affect later debate on legal remedies.

An appeal is, as a rule, not a new action. It is the stage of legal remedy in the proceedings of the first instance; it is not necessary to bring a new action, or to go back to mediation from the beginning for the same dispute, merely because an appeal will be lodged. The requirements for the action in the original case retain their importance in the review on appeal.

Which court decisions may be appealed?

Final decisions and interim decisions that may be separately challenged

Under Article 341 of the HMK, the final decisions of courts of first instance may be taken to appeal, having regard to the finality thresholds in the law and to special provisions. Acceptance, rejection, dismissal on procedural grounds or a finding that the action is deemed not to have been brought are examples. The applicant must have a legal interest in the amendment of the decision; mere dissatisfaction with a statement in the reasoning does not in every case give an independent right of appeal.

Not every interim decision may be appealed immediately. Many interim decisions concerning the collection of evidence or expert examination are considered together with the final judgment. By contrast, for the rejection of applications for interim injunction and precautionary attachment, for protective decisions given in the presence of the party against whom they are directed, and for decisions taken on objection to a decision given in absence, Article 341 of the HMK provides a separate remedy. The order of an objection and of an appeal must not be confused. [1]

Following the amendment that entered into force on July 31, 2026, a separate appeal route under Article 168 of the HMK has been established against decisions to consolidate actions pending before courts of the same level and status within the same judicial district. The same result does not apply to decisions to separate, or to decisions of the BAM to consolidate or separate. This example shows why the generalization "all interim decisions can only be examined together with the judgment" is mistaken. [12]

The 2026 appeal threshold: Does 50,000 TL apply in every file?

For 2026, the general monetary finality threshold under Article 341 of the HMK is 50,000 TL. An amount equal to the threshold is not enough; the amount in question must exceed the threshold. However, this figure does not mean that 50,000 TL applies to all decisions given in 2026. Under the current Additional Article 1/2 of the HMK, the year taken as the basis is, as a rule, the year in which the action was brought. [1] [2]

Where only part of a claim is sued upon, the finality threshold is assessed by reference to the whole claim. Where the whole claim has been sued upon, the part not accepted is important for the applicant. A right of appeal cannot be created by a mechanical addition of ancillary items such as interest, costs and attorney's fees; the main claim and the accessory items must be read separately.

Hypothetical example: Assume an action for a claim of 200,000 TL, brought in 2026, to which no special exception applies, and a judgment ordering payment of 160,000 TL. For the rejected 40,000 TL, the claimant has no independent right of appeal because of the general threshold, whereas it may appeal against the 160,000 TL awarded against the defendant. Whether the claimant may cross-appeal following the defendant's appeal is considered separately.

Decisions in actions for non-pecuniary damages may be appealed regardless of amount. In matters concerning personal status, the determination of expropriation compensation and matters subject to special laws, the general table of assets is not decisive. The fact that a decision says "final" or "appeal open" is not in itself determinative; the statutory provision is applied. [1]

How do the Constitutional Court decision and the 2025 amendment affect older files?

In its decision of December 4, 2024, E. 2023/182, K. 2024/203, the Constitutional Court (Anayasa Mahkemesi) did not entirely eliminate the increase of monetary thresholds each year. What was annulled was the provision that the amount at the date of the judgment is taken as the basis for the appeal and cassation thresholds. The Court drew attention to the fact that rising thresholds during the course of an action disproportionately narrowed judicial review on appeal. [4]

Subsequently, Additional Article 1/2 of the HMK was amended by Law No. 7550, and the criterion of the date of the action entered into force on June 4, 2025. It does not follow from this, however, that all decisions previously given finally have been reopened to appeal. [3]

The decision of the 6th Civil Chamber of the Court of Cassation (Yargıtay 6. Hukuk Dairesi) of November 24, 2025, E. 2025/2969, K. 2025/4006 illustrates this limit. The Chamber accepted that a decision which was final when given under the previous rules does not become amenable to appeal on points of law through a later amendment. The principle in Article 448 of the HMK, that new procedural provisions do not affect completed procedural acts, is decisive. For this reason, it may not be sufficient merely to enter the year of the action in a calculator; the legal situation in which the decision was given must also be examined. [5]

How is the time limit for appeal calculated?

Service of the reasoned judgment and the two-week period

The general period under Article 345 of the HMK is two weeks, and it begins to run from the proper service of the judgment. The period is determined for each party by reference to its own service. In matters followed through a lawyer, service is made on the lawyer, subject to statutory exceptions. The fact that the client learns of the decision later does not restart the period initiated by valid service on the lawyer. [1] [6]

A period fixed in weeks ends at the end of the day corresponding to the starting day in the last week. Public holidays count toward the period; if the last day falls on a public holiday, the period is extended to the first working day that follows. For a physical filing, office hours are relevant; for an electronic filing, the end-of-day rule in Article 445/4 of the HMK applies. An attempt to upload or pay at the last minute does not justify acting on the assumption that the petition will be treated as completed.

In UETS, the date of reading and the date of service are different

Electronic service is deemed made at the end of the fifth day following the date on which the document reached the addressee's electronic address. No five business days are looked for in this calculation. An SMS or e-mail alert is not itself the electronic service. The calculation of the period must be based on the UETS delivery record. [6]

Hypothetical example: Assume that the reasoned judgment reached the UETS address on Thursday, October 1, 2026. Service is deemed to have taken place at the end of Tuesday, October 6. Absent any special circumstance, the general two-week appeal period ends on Tuesday, October 20, 2026. Opening the document earlier does not require substituting the date of reading for the fifth-day rule of the law.

A distinction must be kept between viewing a decision on UYAP and proper service. Nevertheless, if service was irregular and the addressee learned of it, Article 32 of the Notification Law (Tebligat Kanunu) may become relevant. Rather than waiting on the assumption that "service was defective, so the period never started", the service record, the date of knowledge and the file records should be examined together.

Judicial recess, missing the period and restoration to the previous position

Judicial recess does not suspend all appeal periods. The extension under Article 104 of the HMK applies in cases and matters subject to judicial recess, where the end of the statutory period falls in the recess. Matters within Article 103 of the HMK, such as maintenance, custody and actions by employees arising from employment contracts, must be assessed separately. It is also possible to file petitions and to effect service during judicial recess. [1]

If the appeal period has been missed for a reason beyond the party's control, restoration to the previous position (eski hâle getirme) may be considered. The application must be made within two weeks of the removal of the obstacle, and the omitted step must be completed within that period. Where the right of appeal has lapsed, the BAM is the authority to which the application is made. The obstacle must be explained with evidence or indications of when it prevented timely filing and when it ended. Mere pressure of work or forgetfulness is not by itself a sufficient reason. This route is not an ordinary means of extending a period. [1]

Where is the appeal petition filed, and how is it prepared?

The authority for the application and the mandatory content of the petition

The petition may be filed with the court that gave the decision or with another court of first instance; it is forwarded to the BAM that will conduct the review. An electronic application may be made by fulfilling the relevant UYAP operating and signature conditions. A record of filing, the acknowledgment of receipt, the signed petition and payment receipts must be retained. Sending an e-mail to an office or preparing the petition on a computer is not filing it with the court. [1]

Under Article 342 of the HMK, the petition must contain the identity, status and addresses of the parties; their representatives or attorneys, if any; the court, the date and number of the decision; the date of service; a summary of the decision; the grounds and reasons for the appeal; the relief sought; and the signature. For a physical petition, copies equal to the number of opposing parties are attached. The fact that a petition is sent to the wrong chamber, so that it is never registered, is a different problem; under Article 343/4 of the HMK, the referral is not bound by the chamber named in the petition.

The error in the decision, the basis in the file and the relief sought

In a good petition each heading answers three questions: where is the error, how is it shown in the file, and why does it change the judgment? The relevant part of the reasoned judgment, the date of the petition or minutes, the page of the report and the paragraph of the decision to which the objection is directed must be shown concretely.

This table is a skeleton for a petition; it does not replace the real file. Writing a long text does not cure the defect if, after stating that "all our evidence has not been assessed", the petition does not explain which evidence is meant. The strong defence of the other side must also be addressed: was the document submitted in time, is it genuinely relevant, and does the judgment rest on another independent ground?

The relief sought must be adapted to the dispute. Setting aside the judgment and giving a new decision on the merits is not the same request as remitting the file under Article 353/1-a of the HMK. If a hearing is requested, the reason why it is necessary must be explained. Alternative requests on a procedural issue and on the merits may be set out in a clear order.

Is an application without reasons automatically rejected?

Article 342/3 of the HMK provides a safeguard that a petition containing the applicant's identity and signature and records sufficiently identifying the decision appealed against is not to be rejected outright because some other information is missing. This safeguard does not mean, however, that the whole file will be examined automatically and without limit. The absence of reasons may seriously narrow the scope of the review under Article 355 of the HMK. [1]

The statement "I am appealing for now; I will give the reasons later" does not in itself provide an additional period. The essential objections in the petition must be completed within the statutory period of appeal. The general system of the HMK, which takes service of the reasoned judgment as the starting point, must not be confused with the practice of applying the periods of earlier special procedures.

To what extent is the BAM bound by the grounds of appeal?

The basic rule in Article 355 of the HMK is as follows: "The review shall be carried out limited to the grounds stated in the appeal petition." The same article provides that violations of public policy are to be taken into account ex officio. These two sentences must be read together with Article 33 of the HMK, which governs the court's ex officio application of Turkish law. [1]

The limit of a concrete objection: the decision of the Civil General Assembly of 2023

In its decision of March 29, 2023, E. 2021/329, K. 2023/284, the Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu) examined a dispute concerning compensation for expropriation. The appellant administration raised an objection to the price of the land in the appeal, but did not make the premium for improvements to the building (şerefiye bedeli) a ground of appeal. The Assembly considered it appropriate that this part, which does not concern public policy, was not examined ex officio. [7]

The practical meaning of the decision is this: an objection to one of several separable calculation or decision items does not necessarily mean that the others are opened to debate. The Assembly approved the approach of persistence (direnme kararı) and remitted the file to the Specialized Chamber for the other appeal on points of law; the decision should not be reported as if the entire dispute had been resolved simultaneously and finally. [7]

A legal characterization and a relative procedural error are not the same

The decision of the Civil General Assembly of October 15, 2025, E. 2024/619, K. 2025/639 contains a more detailed distinction. In a divorce action, the appellant party criticized the content of witness statements, but did not make the late notification of the witnesses, contrary to procedure, a ground of appeal. The BAM nevertheless treated this procedural problem as its own motion. The Assembly did not consider it correct that a concrete relative procedural violation should be examined ex officio without being raised as a ground of appeal. [8]

The reasoning of the decision separates the review of facts, the application of substantive law, absolute procedural errors and relative procedural errors. The incorrect application of substantive law and every procedural deficiency are not subject to the same limit. For a relative procedural error, the explanation of its effect on the judgment, together with the assertion of the violation, is important. The decision does not establish that the witness statements are necessarily true, or that the action must be won by one party; the decision of resistance was quashed on a different ground. [8]

Why the opposing view in the literature matters

Professor Murat Atalı emphasizes that Article 33 of the HMK also applies in appeal, and argues that the binding nature of the grounds should essentially be understood as limited to the review of material facts. The author holds that the incorrect application of procedural law, in addition to substantive law, should also be examined ex officio; he gives meaning to the distinction between absolute and relative errors mainly by reference to the outcome of the decision to be given. This view is broader than the approach which requires every relative procedural error to be raised in the petition. [9]

The existence of the debate is no guarantee against omitting an objection. When assessing which approach applies to a particular file, building a concrete ground within the time limit is the most useful preparation. The label "it is a matter of public policy" does not bring an unexplained objection to a material fact within the scope of ex officio review.

Are new evidence, new claims or amendment permitted on appeal?

As a rule, under Article 357 of the HMK, claims and defenses not raised in the court of first instance are not heard, and new evidence may not be relied upon. In the BAM civil chamber a counterclaim cannot be brought, an intervention in the action cannot be requested, and an amendment (ıslah) cannot be made. For this reason, it is not possible to complete on appeal an incompletely framed action, a forgotten claim or every document not submitted in time. [1]

There are two important exceptions in respect of evidence: evidence which was duly identified in the first instance but rejected without examination, and evidence which could not be produced because of force majeure (mücbir sebep), may be examined by the BAM. In the first case, it must be shown that the evidence was notified in time and why it was not examined; in the second, the nature and duration of the obstacle and its relation to the evidence must be explained. The mere statement "I have just found the document" does not prove force majeure.

For example, where a judgment was given without obtaining a bank record that was notified in time, the notice of evidence, the interim decision and the role of the record in the dispute are shown together. By contrast, a party forgetting to submit a receipt it held at the first stage is not the same situation. The opposing party's objection that "this evidence was not notified in time" must therefore be taken seriously.

In the appellate ground concerning an expert report, it must also be shown at what stage the report was objected to, how the court dealt with that objection, and the effect of the technical error on the judgment. Adding a new expert opinion to the appeal petition does not in itself make any new fact or evidence contained in it admissible. Matters governed by the principle of ex officio investigation and matters of public policy are assessed on their own characteristics.

How are court fees, advances on costs and legal aid assessed?

The cost of an appeal does not consist only of lawyer's fees. The application fee, the judgment and decision fee depending on the nature of the file, service and postal costs and, where necessary, the costs of examining evidence are separate items. The application of fixed or ad valorem fees and any exemptions are determined by reference to the concrete file. For this reason, a single "appeal fee" cannot be applied to all cases. Nor is the lawyer's fee the same as the court fee paid to the court.

Under Article 344 of the HMK, the necessary fees and costs are paid when the petition is filed. If a deficiency is discovered later, the court that gave the decision sets a firm period of one week for its completion and notifies in writing that, failing completion, the appeal will be deemed withdrawn. If the deficiency is not remedied, a decision is given that the appeal is deemed not to have been made. The manner of service, the clarity of the amount requested and the content of the warning must also be checked. [1]

Mesut Ertanhan's study of 2025 shows the importance of separating the application fee, the judgment and decision fee and the advance on costs. It examines in particular the problems of incorrectly determining the fee and of remedying deficiencies. These debates make it necessary, at the stage of application, to calculate item by item, rather than relying on paying an incomplete amount and correcting it later. [10]

A person with insufficient means may request legal aid, provided that the claim is not clearly without basis. Financial status documents must be submitted; in the legal remedy, the request for legal aid will be directed to the BAM. Legal aid previously granted continues, within its scope under the law, until the decision becomes final. Legal aid does not in every case amount to a permanent cancellation of all costs; there are also provisions for refusal and for subsequent recovery. The appeal period must not be overlooked while preparing the request. [1]

Response to an appeal, cross-appeal and waiver

The appeal petition is served on the opposing party. The opposing party may respond within two weeks of service. The response contains, in addition to preliminary issues such as the time limit and finality of the appeal, a counter-statement on each substantive objection. Failure to respond does not mean that all the claims of the appellant are accepted; however, the opportunity to particularize the defense and, where appropriate, to lodge a cross-appeal may be lost. [1]

A cross-appeal (katılma yoluyla istinaf) differs from merely asking for the dismissal of the other party's appeal. If a change is sought to the part of the judgment that is adverse to the party, that request must be clearly formulated, with its reasons, within the period for response. Under Article 348 of the HMK, this possibility is also granted to a party that has no independent right of appeal or has let its period expire. However, if the principal appeal is withdrawn or is rejected without examination on the merits, the cross-appeal is also rejected. The dependence should be taken into account where an independent right of appeal is available.

Waiver of the right of appeal cannot be made before the judgment is served. A lawyer requires special authority in order to waive a legal remedy. Waiver of the appeal and waiver of the action are separate acts: the former affects the review by way of legal remedy, the latter affects the claim that is the subject of the action. Before a waiver statement is made, the counter-appeal, finality and enforcement consequences should be considered together. [1]

Is a hearing held in the appeal review, and what decisions are given?

At the preliminary review, the time limit for the petition, the finality of the decision, the conditions for application and whether the review belongs to the relevant chamber are assessed. If the court of first instance rejects the petition as late or on the ground that the decision is final, an appeal against that rejection may be made within two weeks of service. Such an appeal does not restore the original missed period; the correctness of the rejection is examined. [1]

On the merits, the main options open to the BAM are the following:

• To dismiss the appeal on the merits if it finds the decision correct in procedure and substance.
• To give a new decision on the merits by correcting a defect in the application of law or in the reasoning, where it does not require a re-trial.
• To complete deficiencies that can be remedied without a hearing and dismiss the appeal or give a new judgment.
• To set aside the decision under Article 353/1-a of the HMK and remit the file to the court of first instance for re-examination.

The failure to collect or assess important evidence and the failure to decide a substantial part of the claim are important for the last option. Not every minor deficiency is an automatic ground for remittal. It must be explained how the objection affected the resolution of the dispute.

Apart from the cases of decision without hearing under Article 353 of the HMK, the review takes place at a hearing. The notices of the hearing day and of costs must be read carefully. The consequences of failing to deposit the costs under Article 358 of the HMK, and of not attending the hearing, are not the same; where the conditions are met, the review may proceed on the existing file or in the absence of the party. [1]

The question "How many months does an appeal take?" has no fixed answer for all files. The workload of the chamber, the type of dispute, service, the hearing and any need for further examination all affect the period. The file should be followed through the BAM case number, written queries should be answered in time, and service of the decision should be monitored. A delay in the appeal does not mean that enforcement or other statutory periods are suspended.

Does an appeal stop enforcement?

As a rule, no. Under Article 350 of the HMK, an appeal does not by itself stop the enforcement of the decision. Filing an appeal petition against a money judgment that may be enforced before it becomes final does not, on its own, prevent the creditor from enforcing the judgment. For the debtor, the enforcement file and the appeal preparation must be managed together. [1]

Stay of enforcement (tehiri icra) may be requested under the conditions of Article 36 of the Enforcement and Bankruptcy Law No. 2004 (İcra ve İflas Kanunu), in the practical terms known as tehiri icra. Alongside the legal remedy, appropriate security or other guarantee conditions accepted by the law must be satisfied; a period is requested so that a decision may be obtained from the enforcement court of the place where the enforcement proceedings were initiated, from the enforcement office. Under the current arrangement, it is incorrect to indicate the BAM or the Court of Cassation directly as the authority that decides. Persons benefiting from state or legal aid have an exemption from security. [11]

Stay of enforcement cannot be ordered by this route in maintenance decisions. The rule that rights of persons, family law and decisions on rights in rem over immovable property cannot be carried out before they become final is separately assessed. Not every financial consequence of a family court decision or every receivable connected with immovable property is subject to the same regime; the type of judgment and the interdependence of its items must be examined.

For this reason, it is not sufficient to write "stay of enforcement is requested" in the petition alone. The necessary applications and security steps must be taken in the enforcement file, and it must be followed that the decision reaches the relevant file. If the judgment is later set aside, the recovery of the amount collected may also require a separate enforcement assessment.

Is appeal on points of law possible after a BAM decision?

Whether a BAM decision is open to appeal on points of law is determined by the type of decision, the subject of the action, the applicable monetary threshold and special provisions. For final decisions open to appeal on points of law, the general period is two weeks from service. For 2026 the general appeal threshold under the HMK is 682,000 TL, but this amount also cannot be applied independently of the date of the action and transitional problems. [1] [2]

Article 362/3 of the HMK, which entered into force on July 31, 2026

The provision added by Law No. 7589 deals separately with the situation in which the BAM, by accepting the appeal in part or in whole, gives a new decision on the merits. Where the part accepted or rejected exceeds the appeal threshold of Article 341/2 of the HMK, the possibility of appeal on points of law may arise. For this reason, it cannot be said merely by reference to 682,000 TL that "appeal on points of law is completely closed". [12]

However, in decisions below the general threshold for appeal on points of law, where the difference between the new decision of the BAM and the decision of the first instance does not exceed the appeal threshold, this route is not opened. The exception in the law also applies where the change concerns only costs or attorney's fees. Other prohibitions on appeal on points of law and conditions specific to the type of decision are also taken into account.

Hypothetical example: In an action for a claim brought in 2026, to which no other bar to appeal on points of law applies, the court of first instance awarded 100,000 TL, and the BAM, accepting the appeal, increased the amount to 200,000 TL. The change to the detriment of the appellant amounts to 100,000 TL, so review under the new provision is required. Had the amount been increased to 130,000 TL, the difference of 30,000 TL would not have exceeded the 50,000 TL threshold. This example shows why two different monetary checks are made, rather than being a conclusive statement of the outcome of any petition.

The amendment entered into force on July 31, 2026. For decisions given before that date, the law and completed procedural acts at that date are assessed separately. Where the legal remedy is closed, the filing of a new petition under the heading of "objection" does not in itself create a new ordinary legal remedy.

Which documents should be assembled in preparing the appeal?

Reviewing the file only from the first page of the decision is often not sufficient. The reasoned judgment and the service record; the statements of claim and defense; the hearing minutes; the lists of evidence; the expert reports and objections to them; the interim decisions; the other party's petition for legal remedy; and, if any, the enforcement file should be assembled together. A missing document makes it harder to establish whether an objection was raised earlier and in time.

In preparing the application, the last day is first determined; then the operative parts of the judgment that are open to appeal, the basis for each objection and the relief sought are matched. The calculation of court fees, the authority to represent and the state of enforcement are part of the same preparation. Leaving out one of the independent grounds for rejection in the reasoned judgment without discussion may not change the outcome, even if the other objections are well founded.

When requesting a file review from Güneş & Güneş Law Firm or a legal opinion on the present stage, time-sensitive documents should be sent first. Client Centre contains the relevant guidance for filing, time-sensitive documents and secure document sharing. Sending documents alone does not mean that the matter has been accepted or that a court has been approached; the scope of the service and the assumption of time monitoring are separately determined. Without sharing UYAP and e-Devlet passwords, the file copy and the authorized means of access should be used.

Conclusion

The value of an appeal lies in making the error in the court's decision visible and reviewable. Three elements must be present together for this: the correct condition for application, action within the time limit, and a reasoned case based on the file. The monetary threshold cannot be derived from the current year alone; the time limit cannot be derived from the date of the decision alone; and the strength of the appeal cannot be derived from the length of the petition alone.

Where it is clearly shown which part of the decision is sought to be changed and which fact in the file this is based on, both the scope of the appeal and the outcome that may reasonably be expected can be assessed more soundly. Enforcement risk and the later possibility of appeal on points of law must not be left outside this preparation. The first step is to examine the reasoned judgment and the service record together and determine the last day. What is decisive at this stage of seeking a remedy is to present the objection in time and in a form that can be reviewed in law.

Frequently Asked Questions

How many days is the appeal period in a civil case?

The general period is two weeks, calculated from the proper service of the reasoned judgment. Special laws, electronic service and the fact that the last day falls on a holiday may change the result. Details are in the section on calculating the period.

What is the appeal threshold for 2026?

The general threshold under the HMK is 50,000 TL. However, the threshold of which year applies is, as a rule, tied to the date of the action; special types of action and completed procedural steps are examined separately. See the explanation of the monetary threshold.

I did not open the UETS message; does my appeal period not start?

Not opening the message does not in itself prevent the period. Electronic service is deemed made at the end of the fifth day after the message reaches the address. The calculation must rest on the UETS records. Explanation of electronic service.

Can an appeal be made without a lawyer?

In civil cases under the HMK there is no general requirement of representation by a lawyer. However, the rules on capacity to sue and representation apply; the limits on time, reasoning, fees and evidence do not change. The conditions in the section on preparing the petition must be observed.

Is it enough to write only "the decision is contrary to law"?

An application containing the minimum identity, signature and decision details may not be rejected automatically merely for lack of detail. However, that statement does not ensure that all objections will be examined. The grounds must be made concrete within the time limit. Consequences of an application without reasons.

Can a new document or witness be submitted on appeal?

As a rule, new evidence cannot be relied upon. Article 357 of the HMK contains an exception for evidence which was duly submitted but rejected without examination, or which could not be submitted because of force majeure. The mere fact that a document has only just been found is not sufficient. The section on new evidence.

If I do not respond to an appeal, is the other side deemed right?

No. Failure to respond does not mean that the claims in the appeal are accepted as a whole. However, the opportunity to explain the defense and to lodge a cross-appeal may be lost. The general period for a response is two weeks from service. Response and cross-appeal.

Does paying the fee incompletely immediately invalidate the appeal?

Under Article 344 of the HMK, a firm period of one week is given to complete the deficiency and the written warning procedure applies. If the deficiency is not remedied within the period, the appeal is deemed not to have been made. Legal aid and exemptions are also assessed separately. Court fees and costs.

I have appealed; can enforcement proceedings continue?

Yes. For decisions that may be enforced before they become final, the application alone does not stop enforcement. A separate step is required under the conditions of Article 36 of the Enforcement and Bankruptcy Law; maintenance decisions and decisions requiring finality are assessed separately. Effect on enforcement.

Is a hearing always held on appeal?

No. In the cases listed in Article 353 of the HMK, a decision may be given on the file; outside those cases, under Article 356 the review takes place at a hearing. Notices of the hearing and of costs must be followed separately. Review and decisions.

If the appeal is dismissed, can one go directly to the Court of Cassation?

Not every rejection decision is open to appeal on points of law. The type of decision, the date of the action, the monetary thresholds and special provisions are examined. For final BAM decisions open to appeal on points of law, the general period is two weeks from service. Explanation of appeal on points of law.

How long does an appeal file take to be concluded?

No fixed period can be given for all files. The nature of the dispute, the chamber's workload, service, the hearing and additional examinations are all influential. A waiting period does not mean that enforcement or other periods are suspended. The review process.

Sources and legal bases

[1] Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu), in particular Articles 33, 71, 74, 90–104, 168, 334–362, 445, 448 and Additional Article 1. Current text of the law.

[2] Ministry of Justice, General Directorate of Legal Affairs, Monetary Thresholds under the Code of Civil Procedure (Hukuk Muhakemeleri Kanunundaki Parasal Sınırlar), comparative table including 2026. Official table.

[3] Law No. 7550 on the Execution of Criminal and Security Measures and on Amendments to Certain Laws (Ceza ve Güvenlik Tedbirlerinin İnfazı Hakkında Kanun ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun), Articles 20–21; Official Gazette, June 4, 2025, No. 32920, extraordinary issue. Text of the law.

[4] Constitutional Court (Anayasa Mahkemesi), December 4, 2024, E. 2023/182, K. 2024/203, in particular paras. 44–56 and the operative part; Official Gazette, January 30, 2025, No. 32798. Decision Information Bank · Official Gazette text.

[5] 6th Civil Chamber of the Court of Cassation (Yargıtay 6. Hukuk Dairesi), November 24, 2025, E. 2025/2969, K. 2025/4006. Ministry of Justice Case Law Search.

[6] Notification Law No. 7201 (Tebligat Kanunu), Articles 7/a, 11 and 32. Current text of the law.

[7] Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), March 29, 2023, E. 2021/329, K. 2023/284. Ministry of Justice Case Law Search.

[8] Civil General Assembly of the Court of Cassation (Yargıtay Hukuk Genel Kurulu), October 15, 2025, E. 2024/619, K. 2025/639, evaluation section, in particular paras. 6–14. Ministry of Justice Case Law Search.

[9] Atalı, Murat, "The Principle of Ex Officio Application of Law by the Judge and the Binding Effect of Grounds in Appellate Review" ("Hâkimin Hukuku Re'sen Uygulaması İlkesi ve İstinaf İncelemesinin Sebebe Bağlılığı"), Yıldırım Beyazıt Law Journal (Yıldırım Beyazıt Hukuk Dergisi), 2022/2, pp. 733–752; in particular pp. 741–749. DOI: 10.33432/ybuhukuk.1143664. Article and full text link.

[10] Ertanhan, Mesut, "Consequences of Non-Payment or Incomplete Payment of Fees and Costs on Appeal and Their Effect on the Judicial Process" ("İstinaf Kanun Yoluna Başvuruda Harç ve Giderlerin Ödenmemesi veya Eksik Ödenmesinin Sonuçları ve Yargılama Sürecine Etkisi"), Istanbul Medeniyet University Law Faculty Journal (İstanbul Medeniyet Üniversitesi Hukuk Fakültesi Dergisi), vol. 10, no. 1, March 2025, pp. 343–388; in particular pp. 361–363, 379–384. DOI: 10.58733/imhfd.1615772. Article and full text link.

[11] Enforcement and Bankruptcy Law No. 2004 (İcra ve İflas Kanunu), in particular Article 36 and the special legal remedy provisions. Current text of the law.

[12] Law No. 7589 on Amendments to Certain Laws on the Effective and Efficient Functioning of the Judiciary (Yargının Etkin ve Verimli İşlemesine Yönelik Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun), Articles 24–26 and Provisional Article 1; Official Gazette, July 31, 2026, No. 33326. Text of the law.