Translation of a statement of claim is needed in disputes with a foreign party, in actions to be brought abroad and in recognition and enforcement (tanıma ve tenfiz) proceedings. The text carries both an account of events and legal argument, and the two layers call for different kinds of care.
Details of the parties
The identity and address details of the claimant, the defendant and, where there are any, their counsel come first. These fields are the basis for service of process, and none of them is interpreted when it is carried over.
Court and case number
The court to which the pleading is addressed and, where there is one, the case number (esas numarası) are written at the top. Court names are names of institutions; they are kept as they stand in the source language and their equivalent is given.
The relief sought
This is the most binding section of the pleading. What is sought is listed item by item, and this order is kept in translation; two claims that have been merged may be counted as a single claim.
Statement of facts
The events are related in chronological order. Dates and amounts are carried over exactly. A change of order made so that the account reads more smoothly breaks the chain of causation between the events.
Legal grounds
The laws and article numbers relied on are stated. The names and numbers of laws are carried over as they are; article numbers that are not certain are not interpreted.
Evidence
Evidence such as witnesses, documents, court-appointed experts and site inspections (keşif) is listed item by item. The order and numbering of the list are kept, because the annexes in the file are arranged by these numbers.
Consistency of document names
The name of a document in the list of evidence and its name in the annexes must be the same. A difference leaves the court unable to find which document is meant.
Amount and currency
The amount claimed may be given in figures and in words. Consistency between the two is kept. The currency is not converted; if a conversion is needed, it is left to the court's decision.
Claim for interest
From which date interest is claimed, and what type of interest, is a separate item. The name of the type of interest is tied to legislation, and no free equivalent is chosen.
Objections to territorial and subject-matter jurisdiction
In statements of defence, objections to territorial jurisdiction and to subject-matter jurisdiction are raised at the very beginning. The order of these objections matters procedurally, and their place is not changed in translation.
Limitation defence
The plea of limitation (zamanaşımı def'i) must be raised expressly. If the wording is softened or left implicit, the defence may be treated as not having been raised.
List of annexes
The list of annexes at the end of the pleading is numbered, and each annex is a separate document. The list is translated in full; the annexes themselves are handled as a separate job item.
Signature and power of attorney
If counsel signs the pleading, reference is made to the power of attorney. The scope of the power of attorney must include the authority to bring an action, and this document also goes into the file.
Dates and time limits
There is a direct link between the date of the pleading and the start of the time limits. Carrying the dates over in full is essential if the time limits are to be calculated.
Confidentiality
Case files contain personal data and trade secrets. The file is not uploaded to third-party services, and access is limited to persons who have signed a confidentiality undertaking.