1-) Separate fee,
Article 6 of the Law on Fees; counterclaims are subject to separate fees as a separate case.
“…In the event that the fee is not paid in advance or in due time, further proceedings shall be continued only after the fee is paid… The counterclaim defendant has paid the fee within the time given by the court. …” (Court of Cassation 2nd HD., E. 2011/ 2478, K. 2011/3377, T. 28.2.2011)
Even if the persons do not pay the fees within the time limit, filing an independent law fsuit without delay will provide a solution. Because the connection condition is also met in divorce cases, the cases will be consolidated and the dispute will be resolved in this way. It should be noted that this solution will also be valid for other cases, provided that there is a connection between them. [5]
2-) Also to pay attorney’s fees and trial expenses,
Article 8 of the Lawyers’ Minimum Fee Tariff titled “Fee for counterclaims, consolidation and separation of cases” states that “…In the event that a counterclaim is filed during the pursuit of a lawsuit, this lawsuit is consolidated with another lawsuit or the cases are separated, a separate fee is charged for each case.” Pursuant to Regulation, a separate attorney’s fee and judicial expenses shall be awarded for counterclaim.
3-) Necessity of separate proceedings
Separate decisions must be rendered for the counterclaim and the main action. In practice, the judgment on the main action is rendered first, and then the judgment on the counterclaim is rendered. The point to be noted here is that the judgments regarding both the main action and the counterclaim must meet all the conditions sought for the judgment.
4-) The counterclaim must also be subject to a separate appeal and appeal procedure
Both the main action and the counterclaim are subject to a separate legal remedy by way of appeal or cassation. In order for the counterclaim to be appealed and appealed, the application for appeal/appeal must be filed separately and in a manner that individualizes the counterclaim and within the time limit.
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