TO THE … LAW COURT
FILE NUMBER :
Request subject: Reinstatement prompt
1) – by the decision of your court …… dated ………… we have been given a final term.
2) – however, during this time, on October 30, 2020, a large earthquake occurred affecting Izmir and the Aegean region, causing death and injuries and destruction of many buildings. Many buildings were decimated, especially in the Bayraklı district, where the lawyers ‘ offices are located, and many citizens, including our colleagues, were left under the rubble. Due to rescue work, solidarity work, incomplete damage assessment of buildings and the danger posed by aftershocks, there were no opportunities to work in offices.
Therefore, ………… it was not possible to perform the relevant operation during the period.
3) – after the elimination of the obstacle, it requests to be reinstated within its term and ………… we’re doing it.
6100 S. HMK article 95/1 ” for reasons not obtained, anyone who is unable to perform an operation within the period specified in the law or determined by the judge may request reinstatement.”the provision is available.
It is also regulated by Article 96/1 of HMK that the reinstatement process must be requested “within two weeks of the removal of the barrier.”
Article 96/2 of HMK states: “in first instance and appeal proceedings, it is possible to request reinstatement no later than until a final decision is made. However, if the final decision has been made in the absence of one party, a request for reinstatement may also be made after the decision has been made for missed periods at the stage of the investigation.”
4) – procedure for examining the request for reinstatement HMK 98. Article 1. in Paragraph 2 of the same article, “reinstatement for a transaction that cannot be done shall be requested from that court, whichever court is to be examined about this transaction.” in the paragraph,” reinstatement is requested from the District Court if the right to apply to the appellate path is dropped; in the case of the right to apply to the appellate path, it is requested from the Supreme Court”.
Supreme Court 16. HD 22.03.2018 date and 2015/21070 Base 2018/2024 Decision in its decision no., the return procedure is explained: “…95 of HMK 6100. article; for reasons that are not obtained, within the period specified in the law or determined by the judge, if the necessary transaction cannot be made, a request for reinstatement can be made, 96. Article 97 that the request for reinstatement will be requested within two weeks of the elimination of the obstacle that caused it to not be made during the process. in the application for reinstatement in Article 98/2, the reasons on which the request is based, as well as their evidence or signs, will be shown. in the article, it is stipulated that if the right to appeal to the reinstatement path is dropped, it will be requested from the Supreme Court…”
Conclusion and prompt: for the reasons described above,
1. Acceptance of our request for reinstatement,
2. What we couldn’t do during the period, presented with our attached petition…….. I respectfully demand that the transaction be accepted and the necessary decision be made. …/…/…
Plaintiff / defendant attorney