Procedural Time Limits Related to Judicial Proceedings Have Been Suspended

Pursuant to Provisional Article 1 regulated in Law No. 7226 on the Amendment of Certain Laws, dated 25.3.2020, due to the novel coronavirus (Covid-19) pandemic being observed in our country, all procedural time limits related to judicial proceedings have been suspended until April 30. Under the new regulation, hearings will be postponed and time limits will be suspended retroactively. The regulations made to prevent rights losses in the judicial domain are as follows:

All procedural time limits related to judicial proceedings have been suspended until April 30, 2020

1-All time limits relating to the creation, exercise, or termination of a right, including time limits for filing lawsuits, initiating enforcement proceedings, applications, complaints, objections, notices, notifications, submissions, and statutes of limitations, prescriptive periods, and mandatory administrative application periods, as well as time limits set for parties in the Administrative Procedure Law, the Criminal Procedure Code, and the Civil Procedure Code and other laws containing procedural provisions, and time limits set by judges in this context, as well as time limits at mediation and conciliation institutions, have been suspended from March 13, 2020 until April 30, 2020. 2-Additionally, time limits set in the Enforcement and Bankruptcy Law and other laws relating to enforcement law, and time limits set by judges or enforcement and bankruptcy offices in this context; all enforcement and bankruptcy proceedings, except for enforcement proceedings relating to alimony claims, party and procedural actions, acceptance of new enforcement and bankruptcy applications, and transactions relating to the execution and enforcement of provisional attachment orders have been suspended from March 22, 2020 (this date inclusive) until April 30, 2020 (this date inclusive). These time limits will begin to run from the day following the end of the suspension period. Time limits that had fifteen days or fewer remaining as of the start date of the suspension period will be deemed to have been extended by fifteen days starting from the day following the end of the suspension period.

Time limits may be extended if the pandemic continues

If the pandemic continues, the President may extend the suspension period once for a period not exceeding six months and may narrow its scope for this period. These decisions will be published in the Official Gazette.

Time limits excluded from the scope

• Statutes of limitations prescribed by law for crimes and penalties, misdemeanors and administrative sanctions, and disciplinary detention and coercive imprisonment,
• Time limits relating to protective measures regulated in the Criminal Procedure Code No. 5271,
• Time limits relating to actions completing provisional measures regulated in the Civil Procedure Code No. 6100 shall be excluded from the scope of this article.

Regulations under the Enforcement and Bankruptcy Law and other laws relating to enforcement law

• Where the announced sale date for property or rights by enforcement and bankruptcy offices falls within the suspension period, a new sale date shall be assigned by the enforcement and bankruptcy offices for such property or rights after the suspension period without requiring a new application. In this case, the sale announcement shall be made only electronically, and no fee shall be charged for the announcement.
• During the suspension period, voluntary payments shall be accepted, and either party may request the performance of actions that are in the other party's favor.
• The effects of the concordat moratorium on creditors and debtors shall continue during the suspension period.
• Other necessary measures shall be taken to ensure that enforcement and bankruptcy services are not disrupted.

Postponement of hearings and deliberations

All other measures to be taken during the suspension period, including the postponement of hearings and deliberations, and the related procedures and principles shall be determined by: the relevant Presidents' Boards for the Court of Cassation and the Council of State, the Council of Judges and Prosecutors for first-instance judicial and administrative courts and regional courts of appeal and regional administrative courts, and the Ministry of Justice for justice services. You can access the full text of the law here. For the legal aspects, legislation, and latest developments regarding the Coronavirus Pandemic, click here. Attorney Figen SIMSEK