Absence of Parties from Court Hearings in Turkey

In Turkish civil litigation under the Code of Civil Procedure (HMK) Article 150, there are clear rules governing what happens when parties fail to appear in scheduled hearings.

This law is essential for both domestic and international litigants, especially for foreign clients and Turkish citizens living abroad. As Bayraktar Attorneys, we specialize in guiding our clients through each step of this intricate process.

What Article 150 Establishes

1. General Rule – Dismissal for Non-AppearanceIf the parties have been properly notified but do not attend the hearing, or if they clearly state that they will no longer follow the case, the court will stop processing the file and remove it from the hearing schedule. The case is not fully closed, but it becomes inactive.

2. If Only One Party Shows UpIf one party attends the hearing and the other does not, the court can choose to continue the hearing at the request of the party who is present. Alternatively, the court may decide to dismiss the case. The party who does not appear cannot object to any decisions or rulings made while they were absent.

3. Failure of the Parties to Request SchedulingWhen the parties are required to request a hearing date but do not do so within one month of the final procedural deadline, the court may also dismiss the case for inactivity.

4. Possibility of Revival (Renewal)After dismissal, any party may renew the case within three months by filing a petition. The court reactivates the file upon renewal, notifying both sides of the new hearing date. If the renewal petition is submitted later than one month after dismissal, a new court fee is payable by the party seeking revival.

5. When Renewal Fails or Is Not FiledIf no renewal occurs within three months of dismissal, the case is considered as never filed, and the court automatically closes the file.

6. Limits on RenewalA revived case may only be “ignored again” once. If it is dismissed a second time after renewal, it too is treated as never filed.

7. Overall Effect of Non-Revived DismissalIn such cases, it’s as though no legal claim was ever filed, requiring a fresh lawsuit to pursue the same claim.

Why Article 150 Matters for Foreign Clients

For our international clients—including those residing outside Turkey or Turkish nationals abroad—this Article carries special importance:

• Proper Summons & Accuracy: When procedural documents are served via diplomatic channels (e.g., consulates, embassies), proper service is critical. A misstep can invalidate the summons, making any case dismissal under Article 150 reversible.

• Absentee Parties: Parties abroad often cannot attend hearings easily. Knowledge of renewal deadlines prevents their cases from collapsing quietly.

• Joint Claims: In cases involving foreign spouses, business partners, or international heirs, ignoring these provisions can permanently harm their legal standing.

• Renewal Protocol: Filing a timely renewal petition and understanding related fee obligations ensures continuity of the case.

Leading Case Law from the Court of Cassation (Yargıtay)

• Yargıtay 11th Civil Chamber (2021/1280 K)
  A lawsuit dismissed for failure to pay court fees cannot skip Article 150’s procedure. The file must be dismissed and then, if no renewal within 3 months, treated as never filed.

• Yargıtay 2nd Civil Chamber (2022/7154 K)
  If a properly notified attorney misses a hearing without excusable reason, the file must first be “dismissed from processing,” then—if not revived in 3 months—“not filed.”

• Yargıtay 4th Civil Chamber (2022/16256 K)
  In simplified procedure, a case dismissed twice becomes as though never filed. Courts must ensure only one dismissal-renewal cycle before final closure.

These rulings highlight how strictly the courts apply Article 150, emphasizing procedural due diligence and clarity in notifications and renewals.

Key Takeaways for Our Clients

• Strict Deadlines: Missing hearings or renewal windows means permanent case dismissalunless properly revived within three months.

• Notification via Consulates: For international parties, timely communication through embassies or consulates is vital to avoid procedural pitfalls.

• Legal Representation Abroad: Having trusted legal counsel in Turkey ensures cases are monitored, hearings attended, and petitions filed on time.

• Costs and Fees: Renewal after the lapse of one month since dismissal requires a new court fee, paid by the renewing party.

Why Bayraktar Attorneys?

We are specialists in civil litigation involving foreign individuals, non-resident Turkish citizens, international heirs, and cross-border business partners. We ensure:

• Accurate and timely service of documentsvia consulates, embassies, and local postal services.

• Preparation for hearingsby monitoring schedules and securing representation.

• Fast attendance filingfor renewal petitions to prevent irreversible case closure.

• Adherence to procedural fee obligations, alerting clients promptly when new fees are required.

Full English Text of Article 150 (for reference)

HMK Article 150 – Non‑appearance at Hearings, Consequences, and Deemed Non‑Filing

(1) If parties properly summoned to a hearing do not appear or state they will not continue, the file shall be dismissed from processing.
(2) If one party appears and the other does not, the court may continue in the absentee’s presence or dismiss the file. The absentee cannot challenge decisions made in their absence.
(3) If parties fail to request a hearing date when required, and one month elapses from the final procedural deadline, the file may be dismissed.
(4) The dismissed file may be renewed with a petition within three months; any renewal after one month requires payment of a new fee.
(5) If not renewed within three months, the case is deemed never filed and the file is closed.
(6) A revived case cannot be ignored more than once; any further renewal attempt results in it being treated as never filed.
(7) Any claim in a case that becomes deemed never filed is also considered never asserted.

Frequently Asked Questions

What happens if I don’t go to my court hearing in Türkiye?

If you were properly summoned but fail to attend without a valid excuse, the judge may either proceed in your absence or remove the case from the docket. You lose the right to object to what happened at the hearing.

Can I reopen a case that was removed from the docket?

Yes. You can apply within three months from the date the case was removed. If you file this petition after one month, you’ll need to pay a new court fee. If you miss the three-month deadline, the case is deemed never filed.

What if my lawyer didn’t attend the hearing either?

The rule applies to the parties or their legal representatives. If neither you nor your attorney appears, and no valid excuse is presented, the case will be removed. Reinstatement will be subject to the same deadlines.

Can a case be reopened multiple times?

Only once. If a case is reopened after being removed and then abandoned again, it is permanently dismissed and cannot be reinstated.

Does this apply to all types of cases?

Yes. Whether it’s a divorce, property dispute, or commercial case, if it follows civil procedure rules, Article 150 applies.

Key Takeaways for Litigants in Türkiye

• Always attend scheduled hearingsor ensure your attorney does.

• If you cannot attend, present a valid excusein advance or immediately after.

• Mark deadlines: The three-month period to reinstate a removed case is strict.

• Once reinstated, do not leave the case inactive again.

• A case marked as “never filed” erases all legal consequences of the filing.

If you're facing a lawsuit or your case was removed from the docket, our attorneys at Bayraktar Attorneys are ready to assist you in restoring your legal rights and ensuring you don’t miss important deadlines.

Also Read; Article 32 in Turkey

In Conclusion

Article 150 HMK serves as a procedural safeguard, making sure that litigation proceeds actively, or lapses conclusively. For international clients and foreign-connected cases, precision in notifications, representation, and filings is essential.

With Bayraktar Attorneys by your side, you secure legal continuity—from summons to revival—ensuring that no critical deadlines are missed.