08 Jan WHAT IS THE STAGE OF INVESTIGATION IN CIVIL COURTS?
WHAT IS AN INVESTIGATION?
Investigation means “investigation” as a word meaning in the Turkish Language Institution. Legally, the subject of a lawsuit is the main examination stage where claims, defenses, investigations, evidence and other evaluations are made. An investigation can be explained as the stage at which claims and defenses, as well as evidence related to them, are evaluated after a preliminary examination, and usually the trial lasts the longest.
The subject of the investigation consists of all the claims and defenses put forward by the parties in their petitions. For this reason, the court will examine the claims and defenses together.
WHEN WILL THE INVESTIGATION PHASE BE STARTED?
After the completion of the preliminary examination stage in civil courts, the investigation stage is started. The preliminary examination stage is the stage at which the terms of the case and the first objections are examined by the court, the issues of the dispute are fully determined, and the necessary actions are taken by the parties to present their evidence. The investigation will not be started until the preliminary examination is completed and the necessary decisions are made, and the day of the hearing for the investigation will not be given.
At the end of the preliminary examination stage, whether the parties are magistrates or have received a conclusion from the mediation activity, and the subject of the dispute is determined by the minutes, and the investigation stage is carried out on the basis of this minutes. Before the court moves to the investigation stage, it examines the objections and definitions about the time limit and the limitation period and makes a decision. After these procedures, the investigation stage is started.
HOW ARE THE PARTIES CALLED TO THE INVESTIGATION HEARING?
The court determines the day of the hearing after the preliminary examination stage and may duly invite the parties to the case to the hearing. This hearing is an investigation hearing. If they are not present in court without a valid apology on the day and time specified in the invitation to be sent to the parties;
-The hearing will be continued in their absence
-They cannot object to the transactions made,
-At the hearing where the investigation ends, an oral trial will be held,
-In case of postponement of the hearing for oral proceedings, no invitation will be sent to the parties separately
-HMK 150. provided that the provision of the article is reserved, it is reported that the provision will be made in their absence.
HOW ABOUT AN INVESTIGATION HEARING?
During the investigation hearing, the judge listens to the parties who came to the hearing about the cases and claims they put forward in the case. The investigation stage takes place with the presence and participation of the parties. However, this does not impose an obligation on the parties. The party invited to the hearing by the court may not come to the court if he wishes. However, in this case, they must bear the consequences if they do not come to the hearing without an excuse.
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