The Information Note on the Extension of Halting Periods in Judiciary Proceedings

April 30, 2020

The Provisional Article 1 of the Law No. 7226 Amending Some Laws published in the Turkish Official Gazette No. 31080 (Reiterated) on March 26, 2020. According to that article, the periods related to the judicial, administrative, and other related processes were stopped/halted until April 30, 2020, by virtue of the Covid-19 / Coronavirus pandemic in Turkey.

With the intention of preventing the spread of the Coronavirus outbreak in Turkey, the said periods, has further been extended until June 15, 2020. Stated regulation also published on April 30, 2020, dated and 31114 numbered Official Gazette.

In this context, the issues below, which is “for informational purposes only”, is shared:

Which Periods were Stopped/Halted?

All the periods regarding the origin, use, or termination of a right, including the filing of a lawsuit, initiation of enforcement proceedings, filing of the application, complaint, appeal, notice, notification, submission, and also lapse of time, obligatory administrative application periods.

Periods determined for the parties and determined by the judge in this context for the parties by Administrative, Criminal and Civil Procedural Laws, and other laws including procedural provisions.

Periods in mediation and other alternative dispute resolution proceedings.

The periods regulated in the Execution and Bankruptcy Law and periods regulated under other laws related to the execution law, the periods determined by the judge or the enforcement and bankruptcy offices in this context, all enforcement and bankruptcy proceedings, except for enforcement proceedings regarding child support receivables, submission, and acceptance of new requests for execution and bankruptcy proceedings, transactions related to the fulfillment and execution of ancillary attachment orders were halted/stopped with stated regulation.

What is the date range of this decision? 

All periods except execution and bankruptcy law halted/stopped between March 13, 2020, and June 15, 2020. The periods for enforcement and bankruptcy law halted/stopped between March 22, 2020, and June 15, 2020.

Resumption of Periods and Assigning New Periods: 

The stated periods will begin to operate as from the day following the day of the halt period ends. The periods that are fifteen days or less to the end of the stopping period shall be deemed to be extended for fifteen days starting from the day following the halting time.

Are ongoing Trials / Hearings also Postponed? 

The hearings in the Civil and Administrative Courts of First Instance and in Intermediate Courts of Appeal (both civil and administrative) were postponed until June 15, 2020.

Does this Decision regarding Duration/Period Halt, Definite? 

According to the official statement made by the Turkish Republic - Ministry of Justice, it was stated that it is possible to change the delay dates according to the course of the epidemic.

Very truly yours,

KIRCI Avukatlık Bürosu (KIRCI Law Office)