Elements and Formal Requirements of a Petition
Entrance
A lawsuit the filing of a petition begins with
This petition is not merely an application, but a fundamental roadmap for the proceedings.
If the petition is not correctly, completely, and procedurally correct, the court may dismiss the case on procedural grounds or give the plaintiff time to complete the missing information.
No. 6100 Article 119 of the Code of Civil Procedureregulates in detail the mandatory elements and formal requirements of the lawsuit petition.
This article will examine the structure and content of the lawsuit petition, the procedure to be followed in case of deficiencies, and examples supported by Supreme Court precedents.
1. What is a Lawsuit Petition?
A lawsuit petition their request for legal protection is the document in which the plaintiff sets forth
According to Article 119 of the Code of Civil Procedure, the petition must clearly state the plaintiff's claims and demands, identify the parties, and specify the subject matter of the dispute.
This document the starting point; because the subject, boundaries, and scope of the case are determined according to this petition.
2. Mandatory Elements of the Petition (Code of Civil Procedure, Article 119/1)
According to Article 119 of the Code of Civil Procedure, the following elements must be included in the lawsuit petition:
1️⃣ Name of the court
The full name of the court to which the plaintiff has applied must be stated.
For example:
"To the Istanbul (Çağlayan) Civil Court of First Instance"
If the court name is written incorrectly or incompletely, the petition will not be rejected; however, the court will examine the case in terms of jurisdiction or competence.
2️⃣ Identity and address information of the parties
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The plaintiff's and defendant's full names, surnames, Turkish Republic identity numbers, and complete addresses must be written.
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For legal entities, the company name and registered address must be specified.
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This information is essential for notification purposes; if any is missing, the court will request its completion.
3️⃣ If the plaintiff has a lawyer, the lawyer's name, surname, bar association registration number, and address
If the lawsuit has been filed through a lawyer, this information must be included.
Otherwise, notifications cannot be served to the lawyer, resulting in a procedural error.
4️⃣ Subject and value of the case
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The subject of the lawsuitindicates what the plaintiff is requesting from the court (e.g., "compensation," "cancellation of title deed," "divorce," etc.).
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The value of the claimis necessary for calculating court fees in monetary cases.
If it is incomplete, the court will give the plaintiff time to complete the calculation.
5️⃣ Facts on which the plaintiff's claim is based
The plaintiff must describe the events that gave rise to their claim in a clear, concrete, and chronological manner.
This sectionfacts sectionis called
Example:
“The defendant has not paid the monthly rent of 15,000 TL for 3 months, as per the lease agreement signed on May 12, 2024.”
6️⃣ Evidence
Evidence supporting each claim must be presented.
The list of evidence lists each piece of evidence separately :
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Rental agreement (document)
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Bank statements
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Witness statements
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Expert examination
Missing evidence may be submitted later; however, the right to present evidence at the preliminary investigation stage ends
7️⃣ Legal reasons
The law or legal rules on which the case is based can be written.
According to Article 33 of the Code of Civil Procedure, the judge applies the law ex officio; therefore, the "legal basis" section is not mandatory but is recommended.
Example:
"We have a claim for rent arrears pursuant to Articles 299 and subsequent articles of the Turkish Code of Obligations."
8️⃣ Results and Request Section
This is the most important part of the petition.
The plaintiff clearly state what they want :
“In conclusion, I request that the court order the defendant to pay the outstanding rent of 45,000 TL, along with interest.”
If the claim is not clear and unambiguous in this section, the court may not understand what the plaintiff wants and may dismiss the case.
9️⃣ Plaintiff's signature
The petition must include the plaintiff's or their attorney's wet or secure electronic signature .
Without a signature, the petition is not considered valid.
3. Procedure to be Applied in Case of Deficiency (Code of Civil Procedure, Article 119/2)
If any of these elements are missing from the lawsuit petition, the court will proceed as follows:
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The court gives the plaintiff a strict one-week deadline.
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If the deficiencies are not rectified within this period, the lawsuit will be considered not filed.
This provision gives the plaintiff a second chance, but if the time limit expires, the case is completely dismissed.
Supreme Court 3rd Civil Chamber, Case No. 2020/3121, Decision No. 2021/4829.
"The lawsuit petition did not clearly state the requested outcome. The court's dismissal of the case without giving the plaintiff time to remedy this deficiency constitutes a procedural error."
4. Form of the Lawsuit Petition
According to Article 119 of the Code of Civil Procedure, the petition must be in writing.
via the e-Hearing or UYAP systems electronically it can also be submitted
Formal requirements:
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It should be written in Turkish
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It must be legible
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Each page must be numbered
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Documents must be submitted as attachments (Annex-1, Annex-2, etc.).
5. The Relationship Between the Petition and Evidence
The petition defines the limits of the claim in the proceedings.
The court cannot make a decision regarding facts not alleged in this petition (Code of Civil Procedure, Article 26 – Principle of adherence to the claim).
Therefore, in the petition:
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Unnecessary expressions should be avoided
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Every claim must be supported by evidence
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Clear and concise paragraphs should be used.
The clearer the petition, the faster the trial will proceed.
6. Examples from Supreme Court Case Law
The 4th Civil Chamber of the Supreme Court of Appeals, Case No. 2021/2231, Decision No. 2022/3319, stated:
“The failure to clearly specify the events in the lawsuit petition hinders the proper conduct of the trial. A period of time should be granted to remedy the deficiency.”
The 13th Civil Chamber of the Supreme Court of Appeals, Case No. 2019/1475, Decision No. 2020/3489, stated:
"If the plaintiff's claim is unclear, the court should grant the plaintiff time to clarify the matter instead of dismissing the case."
7. Common Mistakes Made in Lawsuit Petitions
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Leaving the outcome of the claim unclear
→ The subject matter of the lawsuit cannot be understood. -
Failure to document evidence
→ The right to prove guilt is violated. -
Misrepresenting the legal grounds
→ The decision lacks a proper basis. -
Incomplete defendant information
→ Service of process cannot be made, the case cannot proceed. -
Forgetting to sign
→ The case becomes invalid.
8. The Relationship Between the Statement of Claim and the Statement of Response
The lawsuit is served on the defendant then with a statement of responds
This reciprocal process of the prohibition against expanding claims and defenses also defines the limits
In other words, the parties are bound by the claims and defenses they put forward in their initial statements .
Conclusion
The petition the direction, scope, and limits is the most important document that determines
A complete, clear, and procedurally correct petition is a prerequisite for a swift, effective, and fair trial.
"A petition is the voice of the case;
if the truth is not told, justice will hear it wrong."
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