Last updated: 19 July 2026
What Is Cassation and How Is It Different from a Regional Appeal?
Cassation, called temyiz in Turkish civil procedure, is the review of eligible regional court of appeal decisions by the Court of Cassation. Its main purpose is to examine whether the law was applied correctly and whether procedural errors requiring reversal occurred. It is not generally a new trial in which the entire evidence stage begins again.
People seeking an Antalya lawyer or a Serik lawyer should distinguish cassation grounds from dissatisfaction with the factual result. The petition should show the precise legal error, procedural violation, inconsistency or lack of reasoning that affected the outcome.
Can Every Regional Court Decision Be Taken to Cassation?
No. The Code of Civil Procedure makes certain regional court decisions final and excludes specified categories from cassation. Monetary claims are also subject to an annually adjusted finality threshold. The relevant threshold is determined according to the applicable year and procedural rules.
A decision may therefore be appealable before the regional court but final at that stage. The final section of the judgment and the current legislation should be checked; an incorrect statement in the decision about the available remedy does not always create a remedy that the law excludes.
When Does the Cassation Period Begin?
The general cassation period for eligible civil decisions is two weeks from due service of the regional court’s decision. Special statutory provisions remain applicable. Physical service, UETS electronic service and possible irregularity should be examined before calculation.
The period should be recorded using the method explained in how to track legal deadlines. Seeing the decision in UYAP or receiving an informational message is not necessarily equivalent to legal service.
How Should a Cassation Petition Be Prepared?
| Section | Content | Focus |
|---|---|---|
| Decision information | Regional court division, file and decision numbers, service date | Admissibility and identification |
| Cassation eligibility | Why the decision is not final and is open to review | Threshold and excluded-decision control |
| Legal error | Incorrect statute, interpretation or legal characterisation | Rule of law and effect on the outcome |
| Procedural error | Jurisdiction, right to be heard, evidence or reasoning defect | Whether reversal is required |
| Conflict with the record | Finding that clearly contradicts documents or established facts | Connection between the error and judgment |
| Requested result | Reversal, affirmance with correction or another lawful outcome | Clear scope of the application |
Where Is the Cassation Petition Filed?
The petition is generally submitted to the regional court of appeal that issued the decision, or to another competent court for transmission under the procedural rules. The filing date, fees and expense requirements must be completed within the period. The petition is served on the other party for a response before the file is sent to the Court of Cassation.
Lawyers file through UYAP. Citizens using electronic filing functions need a qualified electronic signature. A payment or upload that is not successfully registered may not protect the time limit, so the electronic receipt must be checked.
Regional Appeal and Cassation Compared
| Issue | Regional appeal | Cassation |
|---|---|---|
| Reviewing authority | Regional court of appeal | Court of Cassation |
| Decision reviewed | Eligible first-instance judgment | Eligible regional court decision |
| Main review | Legal and limited factual/evidential review | Primarily legal and procedural review |
| New evidence | Allowed only in limited statutory situations | Generally not a new evidence stage |
| Possible result | Dismissal, new judgment, correction or remittal in specified cases | Affirmance, reversal or correction and affirmance |
How Does the Court of Cassation Examine the File?
The relevant civil chamber reviews admissibility, time, cassation eligibility and the legal grounds. It examines whether substantive and procedural law were applied correctly, whether the judgment contains adequate reasoning and whether an error affected the result.
The court normally relies on the existing case record. The cassation petition should therefore identify the exact page, finding, document or procedural event connected to each legal ground.
Can New Evidence or Witnesses Be Presented?
Cassation is generally not a stage for presenting a new witness, obtaining a new expert report or adding evidence that could have been submitted earlier. New facts may be relevant only in exceptional procedural situations. The application should be based on the record already created before the lower courts.
What Decisions Can the Court of Cassation Make?
The Court of Cassation may affirm the decision, reverse it because of substantive or procedural error, or correct a limited error and affirm where the law permits. A reversal explains the legal reason and sends the file to the appropriate court for further proceedings.
A reversal does not necessarily mean that the applicant has finally won the case. The lower court may comply with the reversal and issue a new decision, or in legally permitted circumstances resist, leading to further review by the competent general assembly.
Does Cassation Stay Enforcement?
Filing a cassation application does not, as a general rule, automatically stop enforcement. The judgment may be enforceable unless finalisation is legally required or postponement of enforcement is obtained under the relevant conditions. Security may be required.
The enforcement effect should be assessed immediately after the regional court decision. Waiting for the cassation file to reach the Court of Cassation may be too late to prevent enforcement measures.
Can the Regional Appeal Stage Be Skipped?
Under the current civil appeal system, eligible first-instance judgments are generally reviewed first by the regional court of appeal. Direct cassation is possible only where a special law or transitional rule expressly provides it. The remedy shown on the judgment and the date of the proceeding should be checked.
Oral Hearing Before the Court of Cassation
Cassation review is usually conducted on the file. An oral hearing may be available for specified disputes if statutory conditions, monetary requirements and a timely request are satisfied. The absence of an oral hearing does not mean the file was not examined.
Frequently Asked Questions
How long is the civil cassation period?
The general period is two weeks from due service of an eligible regional court decision. Special statutes may provide another rule.
Can every regional court decision be taken to the Court of Cassation?
No. Some decisions are final because of their type or the annually adjusted monetary threshold.
Can new witnesses or documents be submitted in cassation?
Generally no. Cassation is not a new evidence stage and focuses on legal and procedural errors in the existing record.
Does cassation stop enforcement?
Not automatically. Finalisation requirements and postponement of enforcement should be examined separately.
Will the Court of Cassation hold a hearing?
Usually the review is on the file. A hearing is available only in specified cases and under statutory conditions.
Does a reversal mean the case is finally won?
No. The file returns for proceedings consistent with the reversal, and a new judgment may be issued.
Is the Court of Cassation decision always the final step?
Often it is decisive, but further proceedings may follow a reversal or resistance decision. The procedural route depends on the result.
Legal Grounds Suitable for Cassation Review
A cassation petition should identify legal and procedural errors that affected the judgment rather than repeat the full factual narrative. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can assess cassation eligibility, service, enforcement risk and grounds based on the individual decision. For a cassation review, contact us.
This article provides general information about cassation in Turkish civil proceedings. Eligibility, annual thresholds, periods and enforcement consequences must be checked for the specific decision.
