JUDICIAL RECESS AND ITS IMPACTS ON TRIAL PROCESS

Definition of the term “judicial recess”, which save exceptions brings about the adjournment of all judicial processes, and its impact on the proceedings, exceptional proceedings and trials that are not to be interrupted by the recess, the questions as to how exceptional tasks are carried out and how assignments that are subject to the judicial recess regulated are hereinafter, within the scope of the Code of Civil Procedure numbered 6100 (“CPC”), stated.

Definition of Judicial Recess and Its Impacts on Trial Process

Judicial recess, enacted by the CCP, is that a period of time in which all of the litigation and trial processes is suspended ipso facto to the end of the term. Meanwhile, whole course of judicial pursuing is postponed, and by reason of its being established by Law, an additional conviction as to its enactment, is unnecessary. Pursuant to clause 102 of the relevant Code, judicial recess starts on July 20, ends on August 31, and the beginning of new legal year is on September 1. Yet, it should be borne in mind that the recess does not hinder the act of litigation but it suspends any course of conduct in Courts.

Exceptions to Judicial Recess

We have above mentioned that all legal proceedings are adjourned but such procedures that highly likely to result in an inconvenience once postponed, and the ones that ought to be immediately viewed are heard even during the recess. These exceptional proceedings and trials are to be heard by the Court on Duty (Nöbetçi Mahkeme) that are appointed by the Supreme Council of Judges and Public Prosecutors (Hakimler ve Savcılar Yüksek Kurulu). Judges that are not to benefit from the annual leave are the ones that will use theirs after the recess is over.

Proceedings and trials that are not subject to the judicial recess are stated in clause 103 of the CCP and are as follows:

• Giving orders concerning temporary legal protections, such as preliminary injunction, sequestration, fixing of evidences, and receiving ship’s protests, demands as to the appointment of an adjuster, the objections regarding these matters, and other applications.
• Alimony cases of all natures, parentage, guardianship and trusteeship cases.
• Proceedings and trials regarding the rectification of identification registers.
• Lawsuits filed by employees with respect to labour and employment contracts.
• Applications for replacement documents regarding lost commercial registers, and obliteration proceedings that are brought about by lost negotiable papers.
• Proceedings and trials with regard to the restructuring of private equity firms and corporations by means of reconciliation through bankruptcy and arrangement of bankruptcy.
• Viewings which are decided to be carried out in the recess period.
• Proceedings and trials that, in accordance with the provisions of the arbitration, are to be heard in a court.
• Legal proceedings that are not matters of dispute.
• Proceedings and trials that are either provided as urgent by the Code or ordered by reason of a party’s demand as urgent.

As it can be inferred from paragraph (h) of the Code, the proceedings and trials enlisted above not numerus clausus, the proceedings that are classified by the Code as necessary to be urgently heard shall not be interrupted by the recess. On the other hand, stated in the same provision, while subject to the judicial recess by nature, proceedings and trials that are ordered by a court to be urgently concluded due to one party’s demand shall not be interrupted by the recess, and be heard during the recess.

Additionally, according to paragraph 103/f.2 of the CPC, the proceedings and trials that are ought to not be interrupted by the recess, upon agreement of the parties or, in the absence of the other, due to demand of one party, could be adjourned to the beginning of new legal year.

Impacts of the Recess on the Time Limitations that are Provided by the CPC

The judicial recess not only impacts proceeding that are being heard by courts but also the ones that are executed by either parties or attorneys. Having been specified in article 104 of the CPC, “With regard to the proceedings and trials that are subject to the judicial recess, should the times that are prescribed by the Code coincide with the judicial recess, without seeking an additional court order, the time limitations are considered, starting from the beginning of new legal year, to have been prolonged for a week.” it is so enacted that limitations vested to parties are adjourned due to the recess as well. Accordingly, if the last day of the limitation that is prescribed in the CPC coincides with the recess period, the last day is acknowledged on the day after one week has passed since the beginning of new legal year.

The matter of question that should be emphasized is that the judicial recess shall restrictively have an impact on those that are prescribed in the CPC, and, for instance, should the last day of filing a claim for one is during the recess, the person shall not be disturbed by the adjournment.