Results of filing a lawsuit and elements of the petition

As it is known, although there are exceptions according to the Code of Civil Procedure, written trial procedure is applied in civil proceedings. Articles 24 to 33 of the HMK include the principles that govern the trial. According to the principle of disposition regulated in Article 24, the judge cannot examine and decide on a case on his own, without the request of one of the two parties. With this principle, a demand requirement is clearly included in order to file a lawsuit. Again, in accordance with the principle of loyalty upon request, except for the exceptions stipulated in the law, the judge cannot automatically take into account things or facts that either party does not say, and cannot even take actions that may remind them of them. The judge cannot collect evidence. Therefore, the opening of the case and the shaping of the trial are left to the parties. The judge has the obligation to enlighten.

Provisions regarding the opening of the case and its results are in Article 118 et seq. of the Code of Civil Procedure No. 6100. regulated in the articles. As we mentioned above, as a requirement of the written trial procedure, a petition must be prepared and submitted to the court in order to file a lawsuit. For this reason, the petition constitutes one of the most important elements of the trial. The lawsuit will be conducted based on the allegations and facts stated in this petition. Of course, there is a lot to be said about the definition and importance of the petition. However, in the decision of the 1st Civil Chamber of the Supreme Court of Appeals dated 19.09.1974 and numbered 1974/6426, the importance of the petition was expressed in its clearest and simplest form as follows:

"The petition is the fate of the case."

Although a decision cannot be made without hearing the parties in the case, as we will mention below under the heading of the prohibition of expanding and changing the claim, facts not stated in the petition cannot be put forward later, with some exceptions. Therefore, the petition must be prepared very carefully, and all the facts relied upon and the evidence to prove these facts must be stated in the petition.

In our article, first the petition and its elements will be examined, and then the results of the filing of the lawsuit will be included.

MANDATORY ELEMENTS TO BE INCLUDED IN THE CASE PETITION

In Article 119 of the Code of Civil Procedure, the elements of the petition are included under the title of content of the petition. According to the article, the petition contains the following issues:

a) Name of the court.

b) Name, surname and addresses of the plaintiff and the defendant.

c) The plaintiff's Republic of Turkey identification number.

ç) Name, surname and addresses of the legal representatives of the parties and the plaintiff's attorney, if any.

d) In cases related to the subject of the case and property rights, the value of the subject of the case.

e) Clear summaries of all the facts that form the basis of the plaintiff's claim, under serial numbers.

f) What evidence will be used to prove each alleged fact. g) Legal reasons relied upon.

ğ) Clearly a result of demand.

h) Signature of the plaintiff, his legal representative or attorney, if any.

Not all of the mentioned issues can be described as mandatory elements. As a matter of fact, the second paragraph of the same article states: "In case the issues other than the items (a), (d), (e), (f) and (g) of the first paragraph are missing, the judge gives the plaintiff a definite period of one week to complete the deficiency. If the deficiency is not completed within this period, the lawsuit is deemed not to have been filed." The provision is included. According to the conclusion of the provision, the petition has two groups of elements: mandatory and non-mandatory.

So, it is possible to list the mandatory elements of the petition as follows.

1- Name, surname and addresses of the plaintiff and the defendant.

2- The plaintiff's Republic of Turkey identification number.

3- Name, surname and addresses of the legal representatives of the parties and the plaintiff's attorney, if any.

4- Clearly a result of demand.

5- Signature of the plaintiff, his legal representative or attorney, if any.

LACK OF ELEMENTS OF THE PETITION

Except for the 5 elements listed above, the other elements are optional elements of the petition, not mandatory. In case of missing mandatory elements, the judge gives the plaintiff a period of 1 week and asks him to complete the deficiencies. If the deficiency is not completed, it is decided that the case will be deemed not filed. However, if the necessary elements other than the mandatory elements are missing, it cannot be decided that the case has not been filed. What to do despite these deficiencies is not regulated in the law. However, it is seen that in case of lack of optional elements in various articles of the HMK, solutions are developed according to the deficiency. For example, in a petition where the result of the request is not clearly stated, the judge must have the plaintiff explain the result of the request within the scope of Article 31 of the Code of Civil Procedure.

According to the decision of the General Assembly of the Supreme Court of Appeals No. 2016/24 K. regarding the lack of elements in the petition; "If the name, surname or titles of the plaintiff and the defendant, the identity number of the plaintiff in the Republic of Turkey, the name of the legal representative or attorney, if any, the result of the request and the signature of the plaintiff or his attorney are not included in the petition, the judge must ask the plaintiff to complete these within the certain period of time given to the plaintiff, and if these are not completed, the court must decide that the case is not filed. However, the name of the court, If the subject or value of the case, the summaries of the facts and how they will be proven, and the legal reasons relied upon are not specified in the petition, there is no legal regulation stating that the plaintiff will be given a definite period and that if these are not completed, the case will be deemed not to have been filed. In such a case, the judge starts the trial and different solutions or consequences arise depending on the nature of the missing element. For example, while the deficiencies regarding the facts cannot be completed, the legal reasons will be deemed not to have been filed. "It does not affect the outcome (as per the principle of the judge's spontaneous application of the law). Even if the case value is not written down, it is essential for the judge to determine it ex officio in terms of determining the amount of fee to be charged. It should be emphasized that the regulation in the law does not aim to make a decision to consider the case as not being filed without giving time to the plaintiff in case of deficiencies in these elements, but to enter into the merits (within the normal process)."

The plaintiff cannot be expected to know the name of the court when submitting a petition. Therefore, the plaintiff, who determines the competent and competent court, submits his petition by writing "to the court on duty". If the competent or competent court is determined incorrectly, the court is expected to give a decision of lack of jurisdiction or jurisdiction. Once this decision is finalized, the plaintiff may request that his case be sent to the competent or competent court.

If the case value is not shown in the petition or is shown incompletely, a problem will be encountered in terms of fees. If the plaintiff has not shown the value of the case and has not paid the fee, then the lack of a lawsuit condition will come to the fore. Therefore, the court automatically examines whether the fee has been paid or not. If the fee is missing, the court gives the plaintiff time to complete the fee. If the fee is not completed within this period, the file will be removed from the process. If the file is not renewed within the deadline, it is decided that the case will be deemed not to have been opened. As a matter of fact, according to a decision of the 1st Civil Chamber of the Supreme Court of Appeals dated 07.12.2020; "There is no doubt that in determining the value of the case, the real value of the immovable property to be determined on the date of the case will be taken as basis. The application of the Law on Fees is an issue that must be observed ex officio by the judge, as it concerns public order. In this case, it is correct to determine the values of the immovable properties numbered 289 and 290, which are the subject of the countersuit, as of the date of the case, and to give time to the counter plaintiff to complete the missing fee over the determined value, and instead of continuing the case if this requirement is met, it is correct to make a judgment without considering these issues. It is not."

The plaintiff's failure to state or incomplete declaration of the legal reasons on which he relies has no effect on the trial. The judge determines the legal rules to be applied.

If the result of the request is not clearly understood from the petition, the judge must have the plaintiff explain his request. The basis for the judge to take this action is Article 31 of the Civil Code. According to the article; "In cases where it is necessary to clarify the dispute, the judge may ask the parties to make explanations, ask questions, and request evidence to be shown about matters that he deems materially or legally unclear or contradictory."

We will include clear summaries of all the facts that form the basis of the plaintiff's claim, under serial numbers, and explanations under the following heading, as the lack of evidence in the elements that will prove each alleged fact is directly related to the concretization of the case. However, it should be noted here that it would be to the plaintiff's benefit if he stated all his claims and evidence in the petition. Because, with the principle of condensation, the prohibition of changing and expanding the defense will come to the fore after the petitions exchange phase.

CONSTRUCTION OF THE CASE (TCC Art. 194)

The plaintiff cannot later assert facts that he did not state in his petition for response to the lawsuit and response. Therefore, the fact that all facts are clearly stated in the petition creates a situation in favor of the plaintiff. As a matter of fact, in cases where the principle of presentation (preparation) by the parties is applied, the evidence is, as a rule, shown by the parties; The judge cannot refer to the evidence on his own.

HMK's 119/1 e. According to the article, one of the elements that must be included in the petition is a clear summary of all the facts that are the basis of the plaintiff's claim, under serial numbers. Likewise, it should also be stated with what evidence the facts will be proven. Article 194 of the Civil Code is directly related to the lack of these elements in the petition.

The obligation to concretize comes to the fore if the facts are stated in the petition but cannot be understood. If no facts are stated, there will be no need for concretization. Therefore, concretizing existing facts will not be subject to the prohibition of expanding the claim. It should also be stated in the petition what evidence will be used to prove each alleged fact. In this case, the burden of concretization refers to the concretization of both the facts and the evidence that proves the facts. As a matter of fact, the following statements are included in the justification of Article 194 of the HMK:

"In the first paragraph, the burden of concretization is regulated. In a case, the alleged facts must be presented clearly and concretely in order for the activity of proof to be fully carried out, for the court to correctly determine the dispute and make a judgment, and for the other party to defend itself against the alleged facts. In general terms, if the facts are put forward for the purpose of claim or defense without presenting them in a concrete way, it will not be possible to conduct the trial in a healthy manner, and it is possible to conduct an additional investigation and waste time to understand the facts." Parties must clearly present concrete facts that are in line with the circumstances required by the legal rule on which they base their rights. Providing concrete facts is a burden for the relevant party; those who fail to fulfill this burden will suffer the consequences.

In the second paragraph, the relationship between the burden of concretization and evidence is revealed. When filing a lawsuit and submitting a response petition, the parties must also state the evidence on which the facts they rely will be proven. Evidence, as a means of proof, serves to prove the truth of a put forward fact. Therefore, it is important to specify the proof tools used to prove that fact for each fact. In practice, it is seen that the parties put forward facts without sufficient research when making claims or defenses, or submit petitions without presenting evidence. Especially in cases where the principle of preparation by the parties is valid, the evidence must be brought before the court by establishing a connection with the facts in order for the court to conduct the trial correctly and make a decision within a reasonable time. This is possible if the parties specify the evidence they rely on and which fact each piece of evidence will be used to prove."

In the decision numbered 2019/857 K. of the 22nd Civil Chamber of the Supreme Court, the burden of concretization is explained as follows:

"It is not enough to present the facts that are the basis of the case abstractly; these facts must be concretized in time, place and content in a way that is suitable for proof. To concretize is to put forward a claim in a way that is suitable for perception, understanding, discussion and proof with its elements such as time, place, person, way of being. As stated in the established decisions of the Supreme Court, it is the job of the parties to bring the case material, and it is the job of the court to apply the law. The parties must bring the case materials in full, not incompletely. It should not be forgotten that even in an uncertain receivable case where the demand cannot be fully determined, the Law obliges the legal relationship to be specified, even if the subject of the demand is uncertain (TCC Art. 107). Because, a person cannot make a request based on an uncertain and unknown legal relationship and fact."

Although the concretization burden is a procedural burden, its consequences are different from other procedural burdens. As we mentioned above, the sanction for missing mandatory elements of the petition was that the case was deemed not to have been filed. But here the situation is different. In the justification of the article, it is stated that the party that does not fulfill the burden of concretization will bear the consequences. When the burden of concretion is not fulfilled, the plaintiff is deemed to have failed to prove his case and the case is rejected on the merits. This rejection constitutes a final judgment. However, it should not be forgotten that the judge must have done his part within the scope of Article 31 of the Code of Civil Procedure in order to fulfill the burden of concretization. In order to say that the allegation has not been proven, the judge must have fulfilled his duty to clarify the case, but the burden of concretization must not have been fulfilled. As a matter of fact, according to Article 31 of the Code of Civil Procedure, "In cases where it is necessary to clarify the dispute, the judge may ask the parties to make explanations, ask questions, and request evidence about matters that he deems materially or legally unclear or contradictory." As can be understood from the provision, the concretization of the case and the judge's duty to clarify the case are closely related to each other.

DEEMING THE CASE HAS NOT BEEN FILED

We have stated above that if there are deficiencies in the mandatory elements of the petition, the judge will give the plaintiff time to complete the deficiency, and if the deficiency is not completed within the given period, he will decide that the case will be deemed not to have been filed. Under this heading, we will provide information about the legal nature and consequences of this decision. First of all, it should be noted that there is no unity in the law regarding in which cases it will be decided to consider the case as not filed. In the HMK, it is regulated in scattered articles that this decision will be made in case of procedural deficiencies. According to the compilation of the articles, the cases in which the case will be deemed not to have been filed are as follows:

1- Failure to request that the case be sent to the competent or competent court within the periods specified in the law upon a decision of lack of jurisdiction or jurisdiction,

2- There are deficiencies in the mandatory elements of the petition and these deficiencies are not corrected within the given time,

3- Failure to submit representation or permission documents to the court,

4- Not submitting the power of attorney to the court in cases where there is no harm in delaying it,

5- Existence of one of the circumstances that require the file to be removed from the process (if one of the parties did not come to the hearing, etc.) HMK 150.

6- Leaving the removed file untracked after renewal,

7- The lack of mortar is not completed.

8- The case has been withdrawn.

CONSEQUENCES OF DEEMING THE CASE NOT FILED

The decision to consider the case as not filed is a final decision in the procedural sense. With this decision, the court withdraws from the file. The case is considered to have never been filed. According to the justification of Article 150 of the Civil Code; "Deeming the case not to have been filed is a procedural termination of the case. Procedural termination and substantive termination do not produce the same result. There is an absolute difference, at least in terms of final judgment."

Again, the following statements are also included in the justification of the article. "Deeming it unfiled, as a procedural termination, essentially has its effect only in the procedural field; it has no effect on the field of substantive law other than the cases required by that field. For example, even if the lawsuit is deemed not to have been filed, it cannot be considered in good faith as the other party cannot claim that he did not know about the situation after being notified. Similarly, apart from its actual and mandatory effect, the result of being deemed unfiled is that the request never comes into being, almost non-existent." is to be assumed."

So, it is possible to list the consequences in the field of substantive law of assuming that the case has not been filed as follows:

a- The statute of limitations that has been interrupted with the filing of the lawsuit is deemed to have never been interrupted. So the time cut here will come back.

b- As long as the lawsuit is deemed not to have been filed, the limitation period loses its protective effect.

c- It does not disappear as a result of the defendant's default. (If notification has been made)

d- The decision to assume that the case has not been filed does not transform bad faith into good faith. (If notification has been made)

With the decision to consider the case as not filed, all procedural consequences will be eliminated and the pendency will also disappear. Therefore, a lawsuit may be filed again regarding the same issue. The decision does not have to be final for the pending situation to be lifted. As a matter of fact, in the decision numbered 2017/5757 of the 21st Civil Chamber of the Supreme Court of Appeals, "The decision to consider the case as not filed is open to appeal. However, there is no need to seek for the decision to be finalized by not appealing or going through the appeal stage in terms of pendency. This rule aims to prevent cases from being left unprosecuted. In this respect, if the case is not renewed within 3 months from the date of removal of the file from the process due to the fact that the case is not followed up by the parties, the case will be deemed not to be opened." All legal provisions and consequences that occur come into force directly, without being subject to any other transaction. The pendency is limited to a period of 3 months from the date of removal of the file from the process, and this period is restrictive. However, these provisions are automatically terminated with the occurrence of the conditions that require the case to be deemed not to have been filed and the case ceases to be pending. The provision was made as follows. Although there are Supreme Court decisions that contradict this decision, we adopt the opinion of the 21st Civil Chamber of the Supreme Court of Appeals on the subject.

If the case is deemed not to have been filed, all procedural consequences of the case will be eliminated and a new case may be filed. As a matter of fact, HMK article 150/7. According to the article, "Even the request in the case that is deemed not to have been filed for whatever reason is deemed not to have come true." In the new case, new claims can now be put forward and the demand may be increased as a result. However, the Supreme Court considers the increase in the amount of non-pecuniary damages compared to the old case as a reason for reversal. There are many decisions in this direction.

Finally, it should be noted that, with the decision to consider the case as not filed, provisional injunctions and seizures will automatically be lifted.

ATTORNEY'S FEE FOR CONSIDERING THE CASE NOT FILED

If it is decided that the case is not filed, attorney fees will be awarded in favor of the defendant. Attorney fees are determined according to Article 7 of the Lawyer Minimum Fee Tariff. Accordingly; "In case the case is transferred, the case is deemed not to have been opened, or a decision of lack of jurisdiction or lack of jurisdiction is made until the preliminary examination report is signed, half of the fee written in this Tariff shall be imposed; in case the decision is made after the preliminary examination report is signed, the full amount shall be imposed. However, the attorney's fee to be assessed according to the court where the case is heard cannot exceed the amounts written in the second part of the second part of this Tariff."

As can be understood from the article, the attorney fee for the case to be deemed not to have been filed will be determined as half of the fee written in the tariff until the preliminary examination report is signed, and the whole fee will be determined after the preliminary examination report is signed.

RESULTS OF FILING A LAWSUIT

Filing a lawsuit has many consequences in terms of both substantive law and procedural law. According to the Decision of the Supreme Court of Appeals Unification of Jurisprudence General Assembly, dated 23.12.1976 and numbered E.1976/11-7, K.1976/6, where these results were compiled and announced;

"A lawsuit has consequences in terms of substantive law and procedural law on the date it is procedurally filed. Especially in the field of substantive law, the statute of limitations is cut off. If there is a period of limitation, this issue is taken into account ex officio by the judge. The prosecution of some cases related to personal rights is transferred to the heirs. If the defendant is not declared in default before the lawsuit, he is deemed to be in default once the case is filed and the petition is notified in accordance with the procedure. In terms of procedural law As the consequences are explained in Articles 185, 186, 187 and 202 of the Code of Civil Procedure, the courts are given the duty to conclude a lawsuit. Whether the conditions of the lawsuit are present or not, the case is subject to a state of pendency, and the plaintiff may not pursue his case without the consent of the defendant. It cannot expand or change its nature..."

As can be understood from the decision, the consequences of filing the lawsuit in terms of substantive law are as follows:

1- Once the lawsuit is filed, the statute of limitations ends for the receivable in question.

2- Limiting periods are preserved.

3- Good intentions turn into bad intentions.

4- The defendant becomes a defaulter.

The procedural consequences of opening the case are as follows:

a- The court is obliged to hear the case.

b- The terms of the case are decided according to the date the case is filed.

c- The case is considered pending. If a second lawsuit is filed regarding the same issue, it will be rejected due to the pendency, which is a condition of the case.

d- The ban on withdrawing the case begins with the opening of the case.

e- The ban on expanding and changing the claim comes to the fore.

Below, items d and e will be explained in detail.

PROHIBITION OF WITHDRAWING THE CASE

Withdrawal of the case is regulated in Article 123 of the Civil Code. According to the relevant article, "The plaintiff may withdraw his case only with the express consent of the defendant until the verdict becomes final. In this case, it is decided that the case will be deemed not to have been filed."

As can be understood from the provision, the plaintiff cannot withdraw his case without the express consent of the defendant. This situation is described as a ban on withdrawing the case. Withdrawal of the case does not mean that the case cannot be reopened. It cannot be said that the plaintiff who withdraws his case has waived his rights. The plaintiff may file a lawsuit again in the future. For this reason, the withdrawal of the case is dependent on the express consent of the defendant and in the justification of the article, "By mentioning express consent, the principle of the judge clearly asking the defendant whether the plaintiff has consented to withdraw the plaintiff's case by reserving the right to reopen it in the future is also regulated." Expressions were used.

The ban on withdrawing the case starts from the date the case is filed. It is not necessary for the petition to be notified.

If the defendant expressly consents to the withdrawal of the case, the case is deemed to have never been filed. However, if he does not consent, the case continues.

PROHIBITION OF EXPANSION AND CHANGE OF THE CLAIM

Another and most important consequence of filing a lawsuit is the ban on expanding the claim. According to Article 141 of the Code of Civil Procedure, "The parties may freely expand or change their claims or defenses through reply to reply and second reply petitions. After the petitions are mutually submitted, the claim or defense cannot be expanded or changed." Before the HMK was amended on 22.07.2020, it was stated at the preliminary examination hearing that the plaintiff and the defendant would not be subject to this ban under some conditions. However, the ban on expanding or changing the claims and defenses after the amendment will begin after the petition exchange phase ends. The exception to this rule is the express consent or correction of the other party. Except for these two cases, the claims and defenses cannot be changed in any way and new evidence cannot be put forward after the petitions exchange stage. Explanations regarding the ban on expanding the defense are available in our article titled petition in response to the case. Therefore, the principle of inclusion will be examined here only in terms of expanding or changing the claim.

Situations that are considered to expand or change the claim come to the fore in cases of changing (increasing) the result of the claim, changing sides and changing the facts.

Changing the Result of the Request

The plaintiff cannot increase the result of the request after the exchange of petitions stage. The result of the request can only be increased by amendment or by the express consent of the other party. The defendant is also prohibited from changing the result of the request or adding a new request to this result. As a matter of fact, according to the decision of the 15th Chamber of the Supreme Court of Appeals No. 2020/2391 K.; "While the plaintiff's request in the case was for an additional work fee, he stated in his petition dated 06.03.2017 that his request was related to a claim for receivables due to a reduction in work, and he changed his claim with this petition. In accordance with the provision of Article 141/2 of the Civil Code, the defendant does not have an explicit consent to this change made after the petition exchanges and the preliminary examination hearing. As such, the case must be examined and evaluated limited to the additional work fee requested in the petition."

There is no obstacle to narrowing down the result of the request. The plaintiff may reduce the outcome of the claim. These explanations are valid for cases where the written trial procedure and the principle of savings are applied. Otherwise, there is no prohibition in cases where the spontaneous investigation principle is applied and in cases where the judge may decide something other than what is requested. In cases of uncertain receivables, increasing the value of the case later does not constitute expansion of the claim.

Changing the Facts

As we stated above, the plaintiff will not be able to change the causes of action, that is, the facts, after the ban begins. Under the title of elements that must be included in the petition, we have mentioned that the plaintiff must clearly state the facts and the evidence that will prove these facts in the petition. The importance of this issue stems from the prohibition of expanding the claim as well as the prohibition of concretization. The plaintiff will not be able to rely on facts that he did not specify in his petition or, at the latest, in his reply petition, after the ban begins. According to YİBGK, causes of action, that is, facts, are events that have legal consequences. In accordance with the "principle brought by the parties" regulated in Article 25 of the Code of Civil Procedure, the judge cannot automatically take into account the things or facts that either party does not say, and cannot even take actions that may remind them of them. Therefore, the plaintiff must present his claim and the facts that form the basis of his claim to the court in the petition or, at the latest, in the reply petition. After these periods have passed, the plaintiff will not be able to put forward new facts or change the facts. A decision made by the General Assembly of the Supreme Court of Appeals regarding the change of facts is as follows:

"In both the petition and the response petition, the plaintiff did not rely on the facts of insulting the defendant in the first decision and not fulfilling his duties by leaving the house. The plaintiff does not have a statement or correction on this issue in the other stages of the trial. Moreover, since the first decision was appealed by the plaintiff only in terms of temporary alimony and in accordance with the principle of vested rights, the decision subject to resistance by the court also included changing the faults attributed to the defendant in the first decision. It is not possible.

Since the disputes will be resolved and concluded on the basis of the facts duly put forward and relied upon by the parties, the court's consideration of the facts not relied upon by the plaintiff, attributing fault to the defendant by evaluating these facts, and accordingly deciding to accept the divorce case instead of rejecting it, was against the procedure and law and required reversal. It was necessary to decide to overturn the decision of resistance." YHGK 2020/292 K.

Change of Party After the Filing of the Case

In accordance with Article 124 of the Code of Civil Procedure, after the lawsuit is filed, a change of party can only be made with the express consent of the defendant. Changing sides is considered changing the case and is prohibited. However, the law provides an exception to this prohibition.

According to the 3rd paragraph of the article; "A request for change of party that arises from a material error or is not contrary to the rule of honesty is accepted by the judge without seeking the consent of the other party." Paragraph 4 of the same article states that "if incorrect or incomplete representation of the party in the petition is based on an acceptable mistake, the judge may accept the request for change of party without seeking the consent of the other party. In this case, the judge shall rule on litigation expenses in favor of the person who has been removed from being a party to the case and who has not caused a lawsuit to be filed against him. In cases within the scope of these two cases, there is no prohibition on expanding the claim.

EXCEPTIONS TO THE PROHIBITION OF EXTENDING THE CLAIM

HMK's 141/2. In the article "Provisions of amendment and express consent of the other party regarding the expansion and modification of the claim and defense are reserved." With this said, exceptions to the ban are included. These exceptions are made by correction and the express consent of the other party.

Islah HMK's 176 et seq. regulated in the articles. Through amendment, the allegations in the petition can be changed or expanded only once. Details on the subject What is Islah? It is available in our article titled.

With the express consent of the other party, the plaintiff may change and expand his claims. However, if the defendant consents to such a situation, it will be to his detriment. Therefore, the probability of this situation occurring is quite low. If no express consent is found, it is decided that there is no need to make a decision regarding the new requests put forward. An example Supreme Court decision is as follows:

"The defendant-plaintiff woman requested poverty alimony for the first time at the hearing, and the plaintiff-defendant man did not make a clear statement of consent regarding this request. While this is the case, it should be decided that there is no need to make a decision regarding the poverty alimony request requested by the defendant-plaintiff woman, and giving a rejection decision in a way that would constitute a final judgment against the woman is against the procedure and law." Y2HD. 2019/9338 K.

There is no prohibition on expanding the claim in cases such as narrowing the outcome of the claim, changing the legal reasons, asserting implied facts included in the main case, or citing evidence of the facts reported in the petition.

As it is known, legal reasons are determined by the judge. Therefore, the fact that the plaintiff incorrectly stated the legal reasons underlying his claim in the petition or did not present them at all cannot have any effect on the trial.

Alleging events that occurred after the lawsuit was filed cannot be considered within the scope of the prohibition.

Again, as we stated above, there will be no prohibition on expanding the claim in case of a voluntary change on the part of the party.

EVIDENCE REPORTING PERIOD

When filing a lawsuit, the plaintiff must present evidence that will prove the facts in the petition. In terms of Article 119/f of the Code of Civil Procedure, the evidence with which each alleged fact will be proven must be stated in the petition. This situation is also a requirement of the obligation to concretize. However, some evidence may not have been presented to the court even though it was stated in the petition. At this point, HMK article 139/ç. According to the article; When sending a preliminary examination hearing invitation to the parties, it is written on the invitation that the parties must present to the court the documents they have shown in their petitions but have not yet submitted within a certain period of two weeks from the notification of the invitation, or make the necessary statement in order to bring the documents to be brought from elsewhere, and if these issues are not fulfilled within the given period, it will be decided that they will be deemed to have given up relying on that evidence." This provision was added to the law with the amendment made on 22.07.2020. Accordingly, the plaintiff stated in the petition and The sanction for not complying with the notice is stated in Article 140/5 of the Code of Civil Procedure. Accordingly, it is stated that "The party who does not present the documents submitted in their petitions or does not make the necessary explanation for the submission of documents despite the warning made in accordance with Article 139 shall be deemed to have given up relying on these evidence." The conclusion of the two provisions is that the plaintiff cannot rely on evidence that he did not submit in his petitions. It must be stated in the petition. It should be noted again that these provisions only concern the reporting of evidence that is stated in the petition but has not been submitted to the court.

Evidence not stated in the petition cannot be put forward after the exchange of petitions stage. It is also wrong for the court to give a period of time for unreported evidence and to attach a result to this period. As a matter of fact, in the decision numbered 2017/557 K. of the 2nd Civil Chamber of the Supreme Court of Appeals, this situation was stated as follows: "After reporting the facts that she put forward as a reason for divorce in the petition, the plaintiff did not specify what evidence she would use to prove these facts. Since the plaintiff did not rely on witness evidence in the petition, the period given at the preliminary examination stage for reporting the evidence that was not relied upon will not have any consequences and the statements of the witnesses who the plaintiff did not report in time cannot be taken into account in determining fault. In the face of this situation, the court; "Although it should be decided to reject the case because no faulty behavior attributable to the defendant could be proven for the reasons explained above, the decision to accept the divorce case was against the procedure and law and required reversal." He expressed it as follows.

There is an exception to reporting evidence later, regulated in Article 140 of the Code of Civil Procedure. Accordingly; "The parties cannot present evidence after the period specified in the Law. However, if the subsequent presentation of an evidence does not aim to delay the trial or if the failure to present the evidence in due time is not due to the fault of the relevant party, the court may allow that evidence to be shown later."