In law, most rights produce effect only if they are exercised within a specific period of time. When the time limits laid down by law for objecting to a decision, taking it to the regional court of appeal (istinaf) or the Court of Cassation (Yargıtay), or challenging a procedural act are missed, the right, as a rule, becomes impossible to exercise. For this reason, calculating procedural (legal) time limits correctly is as important as the merits of the case itself. In this article we address, for information purposes, on what basis appeal, cassation and objection periods run, how the start and the last day of a period are determined, and the mistakes most frequently encountered in practice.
The Legal Basis of Time Limits
The basic framework for procedural time limits is drawn by the Code of Civil Procedure No. 6100 (HMK) in civil proceedings, the Code of Criminal Procedure No. 5271 (CMK) in criminal proceedings, and the Code of Administrative Procedure No. 2577 (İYUK) in administrative jurisdiction. The general rules on the calculation of time limits are set out in the provisions of the HMK governing time periods, and they also guide the other procedural codes.
Time limits may arise from two sources: some are fixed directly by law (for example the appeal or cassation period), while others are set by the judge at their discretion (for example a period granted to remedy a deficiency). Time limits fixed by law are, as a rule, strict; the judge cannot extend or shorten them of their own motion. This strict character explains why time limits must be tracked so carefully.
The Start of the Period: The Most Critical Moment
The point at which mistakes are most frequently made in calculating a period is when it begins to run. As a rule, a period starts to run from the day on which the relevant act is served (tebliğ). The most important exception is where the start of the period is tied to the moment of pronouncement (tefhim) — the announcement of the decision in open court, in the presence of the party.
- Service (tebliğ): Service is effected when the decision or act is duly delivered to the person concerned. The period begins to run from the day following the date of service.
- Pronouncement (tefhim): In some cases, even if the reasoned decision has not yet been served, the period may begin when the operative part of the decision is announced to the party present at the hearing. For this reason, the thought "I have not yet received the decision" is not always correct.
Under the general rule of the HMK, the day on which the period starts is not counted; the period begins to be counted from the day following the start date. For example, if service was effected on a Monday, the period starts to run from Tuesday.
Appeal, Cassation and Objection Periods
The periods for resorting to legal remedies vary according to the type of proceedings and the court that gave the decision. There is therefore no single "general period"; each remedy has its own period.
- Appeal (istinaf): This is the remedy of applying to the regional court of appeal against a decision of the first-instance court. The period differs according to the type of decision and the branch of jurisdiction; in civil cases a two-week period is generally involved.
- Cassation (temyiz): After the appeal review, this is the remedy of applying to the Court of Cassation for decisions that the law leaves open to cassation. Not every decision can be taken to cassation; decisions falling below the statutory finality threshold or deemed closed to cassation cannot be carried to this remedy.
- Objection (itiraz): Especially in enforcement law (objection to a payment order) and against certain interlocutory decisions, this is a remedy that is usually subject to a shorter period. Objection periods are subject to the special period fixed by the relevant law for that particular act.
Because the concrete length of these periods can be updated from time to time, the provision of the law in force on that date for the act in question must be taken as the basis. This tool helps in calculating the start and end date of a period; however, which period applies must be confirmed with a lawyer according to the type of the specific decision.
How Is the Last Day of a Period Determined?
A period may be fixed by law in days, weeks, months or years, and each is calculated differently:
- Periods fixed in days: The start day is not counted; the period is counted day by day from the following day and ends at the close of business on the last day.
- Periods fixed in weeks, months or years: The period ends on the corresponding day in the last week, month or year to the day on which it started. For example, a two-week period starting on the 5th of the month ends on the same day of the relevant week. If there is no corresponding day in the month in which it ends (for example a month that has no 31st), the period ends on the last day of that month.
There is one more very important rule: if the last day of a period falls on an official holiday (such as a weekend or a public holiday), the period ends at the close of business on the first working day following the holiday. In addition, in the judicial context the judicial recess (adli tatil) period may also affect time limits; special rules apply to periods that continue to run during the judicial recess.
What Happens If a Period Is Missed?
Missing a strict period, as a rule, leads to a loss of rights; for example, when the appeal period has passed, the decision may become final. Nevertheless, our law provides for the institution of "restoration to the previous state" (eski hâle getirme / reinstatement) for a party who has missed a period due to an obstacle beyond their control and not attributable to their fault. Resorting to this remedy is itself subject to strict conditions and time limits; for this reason it cannot always be regarded as a reliable solution, and the essential point is not to miss the period in the first place.
Points to Pay Attention To
- Correctly determining the start moment: Whether the period runs from service or from pronouncement must be determined carefully according to the specific decision.
- Choosing the correct period: There is no single period for appeal, cassation and objection; the period appropriate to the type of remedy and the branch of jurisdiction must be taken as the basis.
- The effect of holidays and the judicial recess: If the last day falls on a holiday, it extends the period to the first working day; the judicial recess period must be assessed separately.
- Current legislation: Because the length of periods may change, the provision in force on the date of the act must be taken as the basis.
- Tracking documents and dates: The service envelope/annotation showing the date of service must be kept carefully for the purpose of proving the period.
Common Mistakes
- Counting the day of service: Including the day on which the period starts in the count leads to the last day being calculated one day early.
- Ignoring pronouncement: In cases where the decision is announced at the hearing, starting the period late by waiting for service may cause the period to expire silently.
- Failing to notice that the last day falls on a holiday: Overlooking the rule of the first working day following an official holiday leads to unnecessary haste or an incorrect calculation.
- Choosing the wrong remedy/period: Assessing a decision open to appeal according to the cassation period, or applying the period of a different act, produces an incorrect result.
- Leaving it to the last day: Squeezing the period into the final moment magnifies the risk of an irreparable loss of rights even in the event of a minor hitch.
A Short Example Scenario
Assume that a court decision, in its reasoned form, is served on a party on a Monday, and that a two-week application period is provided for that decision. Under the general rule, the Monday on which service takes place is not included in the count; the period begins to run from Tuesday. In this period fixed in weeks, the last day falls on the day corresponding to the start day of the second week. If that last day happens to fall on an official holiday or a weekend, the period ends at the close of business on the first working day following the holiday.
This example is intended only to illustrate the logic of the period; the actual result varies according to the type of decision, the relevant legal remedy and the current legislation on the date of the act.
Conclusion
Procedural time limits define the fine line between the protection and the loss of a right. Correctly determining the start moment of a period, choosing the correct legal remedy and its period, and observing the rules on holidays and the last day are the fundamental steps in preventing losses of rights. The information on this page is of a general nature and does not constitute binding legal advice. To determine with certainty the appeal, cassation or objection period of a specific decision and to track the period safely, it is advisable to consult a lawyer.