WHEN WILL THE CASE BE CONSIDERED
The law regulates that the lawsuit will be deemed to have been filed on the date the lawsuit petition is registered (art. 188/1) and the principles and procedures regarding the registration of the lawsuit petition will be determined by the Regulation.
Article 36 of the Regulation envisages various possibilities in this regard. Accordingly, the lawsuit is deemed to have been filed on the date when the petition of action (in electronic environment, in UYAP) is distributed and recorded.
If for any reason it is not possible to make a transaction (dispatch) in the electronic environment; the transaction is made in the physical environment, this situation is determined by a report; When the electronic system is opened, the transactions made in the physical environment are transferred to the electronic environment without delay, and in this case, the case is deemed to have been opened on the date the said report is drawn up.
In case the lawsuit is filed with an electronic signature over the UYAP system and the court fees and expense advances are transferred electronically to the court cashier’s account or are provided with payment instruments such as barocard or credit card, the lawsuit is deemed to have been filed on the date the petition is registered in the UYAP System.