Judicial recess is regulated within relevant articles of Code of Civil Procedure numbered 6100 (“CCP”) and in principle all litigation and trial periods are automatically suspended during judicial recess. During the recess period, all trial periods are adjourned and because of the enacted law, there is no need to have a special decision for it. As per Article 102 of the CCP, every year the judicial recess starts on July 20th, ends on August 31st, and the openings of new judicial year is on September 1st. However, it should be considered that the judicial recess affects only ongoing proceedings and there is no obstacle to file a new suit.
Exceptions to Judicial Recess
As it is mentioned above that the trial period would be adjourned during recess period. However, it does not influence many issues which are unfavourable to be postponed and need to be settled urgently and conducted even in this process. These exceptional cases and acts in question are conducted by a Court on Duty which is determined by Supreme Board of Judges and Prosecutors.
Some of the cases and acts which recess period does not have any influence on them are specified in Article 103 of CCP and they are listed below:
Moreover, it should be noted that transactions related to execution proceedings continue to be performed by the execution offices. Indeed pursuant to CCP, there is no obstacle to issue and send a payment order against the debtor during the recess period. It means, execution process could be started against a debtor in judicial recess also. In this context, in case the execution office serves an order of payment to debtor during the recess period, the debtor is still entitled to object in writing within regulated deadlines (seven (7) or five (5) days) after the notification date.
Effects of Judicial Recess on Legal Deadlines Which is Specıfıed in CCP
The recess period affects not only legal transactions done by the courts but also legal transactions which they should be performed by the parties or their attorneys. In the provision of CCP “if the deadlines which are specified in the Code for actions and tasks that are normally affected from recess period falls on judicial recess, they are accepted to have been extended by one week from the expiry date of recess without any necessity of special decision’’, it is obviously indicated that the deadlines which parties are supposed to meet are also affected by the adjournment. In such a case, when the deadlines are postponed due to the fact that they fall on judicial recess, legal deadlines would be the day which is one week after the expiry date of the recess.
It should be emphasized that recess period have effect only on deadlines which are stipulated in Turkish Civil Procedure Code, Procedure of Administrative Justice Act No. 2577 and Turkish Criminal Procedure Code. To clarify, if a deadline for instituting proceedings fall on judicial recess, the application deadline does not subject to this adjournment. It means, adjournment because judicial recess toward deadlines is not applied for deadlines which are regulated under the other laws or regulations such as Turkish Civil Code numbered 4721, Turkish Bankruptcy and Enforcement Law numbered 2004 and etc.
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