TO THE COURT OF COURT
FILE NUMBER :
RESTORATION
REQUESTING:
ATTORNEY:
DEFENDANT:
SUBJECT OF REQUEST: Request for reinstatement
DESCRIPTIONS :
1)- With the decision of your court dated ……, we have been given a definite time/final decision for ………….
2)- However, during this period, a major earthquake occurred on October 30, 2020, affecting İzmir and the Aegean region, causing death and injury, and the destruction of many buildings. Especially in the Bayraklı region, where lawyers’ offices are located, many buildings were destroyed, and many citizens, including our colleagues, were left under the rubble. Due to the rescue work, solidarity work, incomplete damage assessment of the buildings and the danger posed by aftershocks, it was not possible to work in the offices.
Therefore, it was not possible to carry out the relevant transaction within the period of ………….
3)- Following the removal of the obstacle, we request reinstatement within the time limit and we fulfill ………….
6100 S. civil procedure law article 95/1 “A person who cannot take an action within the time specified in the law or determined by the judge, due to reasons beyond his control, may request reinstatement.” provision is available.
Likewise, with the HMK 96/1 article, it is regulated that the reinstatement process must be requested “within two weeks after the removal of the obstacle”.
In Article 96/2 of the HMK, “It is possible to request reinstatement in first instance and appeal proceedings, at the latest, until the final decision is made. However, if the final decision is given in the absence of a party, the reinstatement request can be made for the missed periods during the investigation phase, even after the decision is rendered”, the scope of reinstatement requests has been determined.
4)-Examination procedure of the request for reinstatement. in case the right to appeal is lost, from the regional court of appeal; If the right to appeal is lost, it is requested from the Supreme Court”.
In the decision of the Court of Cassation 16. HD dated 22.03.2018 and numbered 2015/21070 E. 2018/2024 K., the procedure for reinstatement was explained: “…In Article 95 of the Civil Procedure Law No. 6100; In the 96th article, it is stated that if the necessary action cannot be taken within the time specified in the law or determined by the judge, due to reasons beyond our control, a request for reinstatement can be made; The request for reinstatement shall be requested within two weeks as of the disappearance of the obstacle that caused the inability to make the request in time, Article 97 shall indicate the reasons on which the request is based and the evidence or signs thereof in the petition for reinstatement, 98/2. In the article, it is stipulated that if the right to appeal for reinstatement is lost, it will be requested from the Supreme Court…”
CONCLUSION AND REQUEST: For the reasons explained above,
1. To accept our request for reinstatement,
2. I respectfully request the acceptance of the …….. transaction submitted with our attached petition, which we could not do in due time, and that the necessary action be taken. …/…/…
Wanting to Restore
Plaintiff/attorney for the defendant
ATTACHMENT:
