Petition For Reinstatement
………… TO THE CIVIL COURT
FILE NO:
REINSTATEMENT
REQUESTER :
DEFENDANT :
DEFENDANT :
SUBJECT OF REQUEST :Restitution request
EXPLANATIONS :
1)- With the decision of your court dated ……, we were given a definite period of time / final judgement for ………….
2)- However, during this period, a major earthquake occurred on 30 October 2020, affecting Izmir and the Aegean region, causing deaths and injuries and the destruction of many buildings. Especially in the Bayraklı region, where lawyers’ offices are located, many buildings collapsed and many citizens, including our colleagues, were trapped under the rubble. Due to the rescue and solidarity efforts, the incomplete damage assessment of the buildings and the danger posed by aftershocks, it is no longer possible to work in the offices.
Therefore, ………… was not able to fulfil the relevant transaction within the time limit.
3)- Following the removal of the obstacle, we request reinstatement in due time and fulfil ………….
6100 S. CCP Article 95/1 states that “Any person who, due to unavoidable reasons, cannot perform a transaction within the period specified in the law or strictly determined by the judge, may request reinstatement.”
Likewise, Article 96/1 of the CCP stipulates that the reinstatement procedure must be requested “within two weeks from the removal of the obstacle”.
Article 96/2 of the CCP states that “In the first instance and appeal proceedings, it is possible to request reinstatement until the final judgement is rendered at the latest. However, if the final judgement is rendered in the absence of a party, a request for reinstatement may be made for the periods missed during the investigation phase after the judgement is rendered”.
4)-The procedure for the examination of the request for reinstatement is regulated in paragraph 1 of Article 98 of the CCP as follows: “Reinstatement for the transaction that could not be performed shall be requested from the court in which the court would have examined this transaction”, and in paragraph 2 of the same article as follows: “Reinstatement shall be requested from the regional court of justice in case the right to appeal is lost, and from the Court of Cassation in case the right to appeal is lost”.
In the decision of the 16th HD of the Court of Cassation dated 22.03.2018 and numbered 2015/21070 E. 2018/2024 K., the reinstatement procedure is explained: “…Article 95 of the CCP No. 6100 stipulates that a request for reinstatement may be made in the event that the necessary action cannot be taken within the period specified in the law or strictly determined by the judge due to unavailable reasons, Article 96 stipulates that the request for reinstatement shall be requested within two weeks from the elimination of the obstacle that caused the action not to be taken in due time, and Article 97. Article 97 stipulates that the reasons on which the request is based and their evidence or indications shall be shown in the petition for reinstatement, and Article 98/2 stipulates that if the right to appeal for reinstatement is lost, it shall be requested from the Court of Cassation…”
CONCLUSION AND REQUEST:
For the reasons explained above,
1. To accept our request for reinstatement,
2. I respectfully request that the …….. transaction presented with our attached petition, which we could not make in due time, be accepted and it be decided to do the necessary. …/…/…
Reinstatement Wants
Counsel for the plaintiff/defendant
ANNEX:
………… petition
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