Petition and pleading (dilekçe)

Scope

The right of petition is guaranteed by Article 74 of the Constitution of the Republic of Türkiye: citizens, and foreigners residing in Türkiye subject to the principle of reciprocity, may apply in writing to the competent authorities and to the Grand National Assembly of Türkiye (Türkiye Büyük Millet Meclisi) regarding their requests and complaints; the exercise of this right is regulated by Law No. 3071 on the Exercise of the Right to Petition. In legal proceedings, on the other hand, the petition is the basic instrument of procedural acts. A statement of claim contains the name of the court, the identity and address details of the parties, the subject matter of the claim and, where necessary, its value, a clear summary of the facts, the evidence by which each fact will be proved, the legal grounds, the express relief requested and a signature (Code of Civil Procedure (HMK) Art. 119). The content of the statement of defense is listed in Art. 129; in the written procedure, the parties may also file a reply and a rejoinder (Art. 136); in the simplified procedure, these petitions cannot be filed (Art. 317).

Practical significance

In the written procedure, the pleadings stage draws the limits of the claim and the defense: through the reply and rejoinder, the parties may freely expand or change their claims and defenses; after the petitions have been exchanged, the prohibition on expanding and changing begins, subject to amendment (ıslah) and the express consent of the opposing party (HMK Art. 141). In the simplified procedure, this prohibition begins for the claimant with the filing of the lawsuit and for the defendant with the filing of the statement of defense (Art. 319). If certain defects in the statement of claim are not remedied within the firm one-week deadline, the lawsuit is deemed not to have been filed (Art. 119). In enforcement without a judgment through the general attachment route, an objection to the payment order is communicated to the enforcement office, by petition or orally, within the period set by law (Law No. 2004 on Enforcement and Bankruptcy (İİK) Art. 62); in the attachment route specific to negotiable instruments, an objection to the debt is made by petition to the enforcement court (İİK Arts. 168, 169).

Concepts often confused

A petition is often confused with a lawsuit: a lawsuit is a request to a court for legal protection, whereas a statement of claim is the document that contains this request and initiates the lawsuit. The right of petition under Article 74 of the Constitution and Law No. 3071 relates to applications for requests and complaints directed to the administration and the Grand National Assembly of Türkiye; petitions in legal proceedings, in contrast, are subject to the form and time-limit rules of the procedural statutes. The enforcement request (takip talebi) that initiates enforcement proceedings (İİK Art. 58) is likewise a separate application that may be made in writing, orally or electronically.