………… COURT OF LAW
FILE NO.:
RESTORATION TO PREVIOUS STATE
PETITIONER:
ATTORNEY:
DEFENDANT:
SUBJECT OF THE REQUEST: Request for restoration to previous state
EXPLANATIONS:
1)- With your court’s decision dated ……, a final deadline/final ruling was given to you for ………….
2)- However, on October 30, 2020, a major earthquake struck Izmir and the Aegean region, causing deaths, injuries, and extensive destruction. Many buildings collapsed, particularly in the Bayraklı district where law offices are located, and many citizens, including our colleagues, lost their lives. Rescue efforts, solidarity efforts, the fact that the assessment of the buildings has not been completed, and the danger posed by aftershocks have made it impossible to work in the damaged offices.
Therefore, it has not been possible to carry out the relevant procedure within the ………… period.
3)-
Following the removal of the obstacle, we request restoration to the previous state within the specified period and fulfill ………….
Article 95/1 of the Code of Civil Procedure No. 6100 states, “A person who is unable to perform an action within the specified period due to reasons beyond their control, as specified by law or by the judge, may request restoration to the previous state.”
Similarly, Article 96/1 of the Code of Civil Procedure stipulates that the request for restoration must be made “within two weeks of the removal of the obstacle.”
Article 96/2 of the HMK states that “In first instance and appeal proceedings, it is possible to request restoration to the previous state until the final decision is made at the latest. However, if the final decision is made in the absence of one of the parties, a request for restoration to the previous state may also be made after the decision for the periods missed during the investigation phase,” regarding the scope of requests for restoration to the previous state.
4)-
The fee for examining a request for restoration Article 98(1) of the Code of Civil Procedure states: “Restoration for an action that could not be performed shall be requested from the court where that action would have been examined,” and the same infuriating second paragraph states: “Restoration shall be requested from the court of first instance in the case of an appeal application fee;
The Supreme Court 16th Civil Chamber’s decision dated 22.03.2018 and numbered 2015/21070 E. 2018/2024 K. states the restoration fee: “…specifying the reinstatement fee in Decision No. 6100: ”…determining the reinstatement fee in Decision No. 6100: “…in Article 95 of the Code of Civil Procedure No. 6100; if the necessary procedure cannot be performed within the time limit specified by law or definitively recorded by the judge due to reasons beyond one’s control, reinstatement may be sought, 96…
The request must be made within two weeks from the end of the obstacle preventing the procedure from being performed within the time limit. Article 97 states that the petition for restoration to the previous state must indicate the reasons for the failure and the evidence or indications thereof.
98/2. …….. I respectfully request that the procedure be accepted and the necessary action be taken without delay. …/…/… Plaintiff/Defendant’s Attorney Requesting Restoration to the Previous State
ATTACHMENT:
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