SAMPLE REPLY TO A REPLY

OF TURKEY
TO THE ISTANBUL COURT OF FIRST INSTANCE (CIVIL/COMMERCIAL) OF THE REPUBLIC*
(Jurisdiction: Civil/Commercial Court of First Instance, depending on the subject of the dispute)

CASE NO: …/… E. PLAINTIFF: Name/Trade Name (Turkish Republic Identity Number/Mersis …) – Address REPRESENTATIVE: Attorney Ferhat Küle – Address DEFENDANT: Name/Trade Name – Address SUBJECT: Submission of our responses to the defendant's reply brief dated …/…/20… ; notification of new evidence and reiteration of our requested outcomes.

I. PROCEDURAL FRAMEWORK AND TIMELINE

1. This reply to the answer was submitted within the time limit and during the exchange of pleadings phase in accordance with Articles 136-141 of the Code of Civil Procedure

2. In light of the new facts and documents presented for the first time in the defendant's response, Article 141 of the Code of Civil Procedure.

II. SUMMARY OF THE DEFENDANT'S ANSWER (BRIEFLY AND IN BULLET POINTS)

• The defendant has asserted: (i) ... claim, (ii) relied on ... document, (iii) that there is no debt/receivable, and (iv) raised the defense of statute of limitations.

• He also submitted document number … dated … for the first time.

III. OUR COUNTER-ARGUMENTS (EXPLANATIONS)

1) Underlying relationship and existence/non-existence of debt:
The defendant's claim of "..." contradicts the case file. Because the contract/delivery note/invoice dated ... and the records whether or not . (APPENDIX-...).

2) Evaluation of evidence and burden of proof

• The document relied upon by the defendant has no probative value; it is merely a one-sided internal correspondence (inconsistencies in handwriting, signature, date of issuance, etc.).

• According to Article 190 of the Code of Civil Procedure, the burden of proof rests with the defendant; he/she has failed to prove his/her claim.

3)
The defendant's assertion against the statute of limitations defense that the statute does not apply/has not yet expired: The dispute is of a nature that, Article 6/... of the Turkish Commercial Code and Article 146/... of Obligations, the period of ... years has not elapsed. Reasons for interruption/suspension (warning/enforcement proceedings/conciliation negotiations) exist (APPENDIX-...).

4) Bad faith and commercial custom
: The parties are merchants; Article 18/1 of the Turkish Commercial Code . The defendant's contradictory defenses to the principle of good faith (Article 2 of the Turkish Code of Obligations) .

5) Objection to newly submitted documents : The defendant submitted the document ... for the first time in its response. The document cannot be used as the basis for a judgment without seeing the original and hearing from the person who prepared it. We request an examination and, if necessary, an expert opinion

IV. EVIDENCE (NEW/REPEATED)

• Contracts/invoices/delivery notes dated … (APPENDIX-1…);

• Notary notice/KEP records (APPENDIX-…);

• Bank statement/current account (APPENDIX-…);

• Expert examination if necessary (commercial ledgers, signature/pen handwriting analysis, etc.);

• Witness: … (TC …) – …;

• All types of legal evidence.

Timing for submitting evidence: in response to the defendant's new facts and documents Article 141 of the Code of Civil Procedure .

V. LEGAL GROUNDS

Code of Civil Procedure, Turkish Code of Obligations, Turkish Commercial Code, Turkish Enforcement and Bankruptcy Law (if any), relevant legislation and Supreme Court precedents.

VI. CONCLUSION AND REQUEST

For the reasons explained above;

1. All of the defendant 's arguments in the response brief dated …/…/20… are rejected .

2. With the full acceptance of our case , we request the collection of … TL receivable with interest (advance/commercial default) from … date (or, in the case of a negative determination, a finding of no debt).

3. We respectfully request and demand that the court order the defendant to bear the court costs and attorney's fees
   

Plaintiff's Attorney
, Ferhat Küle
Date: …/…/20…

ATTACHMENTS: (Please number them: APPENDIX-1 Contract, APPENDIX-2 Invoice, APPENDIX-3 Bank statement, APPENDIX-4 Notary notice, etc.)