WHAT IS AN INQUIRY?
Investigation means “investigation” as a word in Turkish Language Institution. Legally, it is the main examination stage where claims, defenses, investigations, evidence and other evaluations are made. After the preliminary examination, the investigation can be explained as the stage in which the claims and defenses and the relevant evidence are evaluated and the trial takes the longest.
The subject of the investigation consists of all the claims and defenses put forward by the parties in their petitions. For this reason, the court will examine the claims and defenses together.
WHEN TO GO TO THE INVESTIGATION PHASE?
After the completion of the preliminary examination phase in civil courts, the investigation phase begins. The preliminary examination phase is the phase where the conditions of the case and the initial objections are examined by the court, the subjects of the dispute are fully determined, and the necessary actions are taken for the parties to present their evidence. Before the preliminary examination is completed and the necessary decisions are taken, the investigation cannot be started and a hearing date cannot be given for the investigation.
At the end of the preliminary examination phase, whether the parties have reached a settlement or whether they have obtained a result from the mediation activity and the subject of the dispute are determined with a report and the investigation phase is carried out on the basis of this report. Before the court proceeds to the investigation stage, it examines and decides on objections and pleas about the statute of limitations and statute of limitations. After these processes, the investigation phase begins.
HOW ARE THE PARTIES CALLED TO THE INVESTIGATION HEARING?
The court determines the hearing date after the preliminary examination phase and may duly invite the parties to the hearing. This hearing is an investigation hearing. If they are not present at the court without a valid excuse at the day and time specified in the invitation to be sent to the parties;
-The trial will continue in their absence
- They cannot object to the transactions made,
-At the end of the investigation, an oral trial will be started,
- In the event that the hearing is postponed for the oral trial, a separate invitation will not be sent to the parties.
- Without prejudice to the provision of Article 150 of the HMK, it is reported that judgment will be given in their absence.
HOW IS THE INVESTIGATION HEALING?
At the inquest hearing, the judge listens to the parties who come to the hearing about the facts and allegations they put forward in the case. The investigation phase takes place with the presence and participation of the parties. However, this does not impose an obligation on the parties. The party invited to the hearing by the court may not come to the court if he/she wishes. However, in this case, if they do not come to the hearing without an excuse, they have to bear the consequences.
