OBJECTION TO THE JURISDICTION OF TURKISH COURTS
Attorney At Law
The parties to an international legal transaction or commercial contract usually do not agree on the jurisdiction of Turkish Courts. But the party having its principle place of business in Turkey prefers to bring the conflicts arising out of such contracts or deals and before a Turkish court aiming to obtain a judgment in his favour by filing the claim with a Turkish court and commencing the service proceedings to the defendant who might miss the prescribed time for objection to the jurisdiction. This way has been and still being tried quiet often.
Any defendant in a civil court case must submit his/her initial objections to the court latest within ten days time starting to run from the date of service of the summons. Any objection of jurisdiction submitted after the expiration of the ten days time shall be invalid. There are some exceptions of this rule which might be granted by the judge provided that a timely pleading is submitted with reasonable excuse and support. It is most recommendable to contact a law Office practicing in Turkey for the timely filing of the objection with the court noting that a lawyer pleading for and on behalf of a client in a civil matter needs a duly executed before a notary public and attested power of attorney.
Any judicial document made out of Turkey needs to be attested by the nearest Consulate of Turkey in case the country where the document executed and attested by notary public is not a party to the Hague Convention. The documents made and/or executed in a country party to the Hague Convention an apostille to be attached by the competent authority. Lawyer’s power of attorney and its translation done by a sworn translator shall be attached to his petition of pleadings.
For further information please contact Ozturk&Partners Law Office, Istanbul. email@example.com