Sample Petition For Objection Of Jurisdiction
TO THE PRESIDENCY OF THE … MAGISTRATE LAW COURT;
FILE NO : …/ … E.
OBJECTION OF JURISDICTION :
DEFENDANT
TRADE REGISTER NO:
ADDRESS :
LEGAL REPRESENTATIVE :
(Legal representatives of the parties, if any)
AGAINST PARTY :
LEGAL REPRESENTATIVE :
(Legal representatives of the parties, if any)
SUBJECT : It consists of our jurisdiction objection.
VALUE OF THE CASE :
(in cases related to property rights)
EXPLANATIONS :
1-) A dealership agreement was signed between the client and the plaintiff on …/…/… date.
2-) The plaintiff party has filed this lawsuit upon non-fulfillment of the said obligations.
3-) The parties to the case in question are harassment and have signed the attached Authorization Agreement for legal disputes that may arise due to their commercial relations.
According to Article 17 of the CCP No. 6100; “Merchants or public legal entities may authorize one or more courts by agreement regarding a dispute that has arisen or may arise between them. Unless otherwise agreed by the parties, the lawsuit shall be filed only in these courts designated by the agreement.”
Moreover, even if there is no jurisdiction agreement between them, the plaintiff has filed this lawsuit in the court of its own domicile and has acted in violation of Article 6 of the Code of Civil Procedure.
Article 6 of the Law No. 6100 regulates the general competent court as follows
“The court of general jurisdiction is the court of the place of residence of the defendant real or legal person on the date the lawsuit is filed.”
4-) As our client is a fuel company organized as a joint stock company, its domicile is … where its headquarters is located. A copy of the trade registry record regarding this is attached to our petition (Annex-3) for your court’s examination. The plaintiff company, which provides dealership, is resident in the province where the lawsuit was filed.
5-) Considering the above-mentioned legal regulations, it is obvious that your court, where the case at hand is pending, does not have jurisdiction over this case. This is because the plaintiff has filed this lawsuit in its own domicile, which is not included in any of the above. Therefore, it is necessary to file a preliminary objection of jurisdiction.
LEGAL GROUNDS : 6100 S. Code Art. 6, 15, 19, 116.
LEGAL EVIDENCE : …/…/…/… t
CONCLUSION AND REQUEST : For the reasons explained above, we request, by proxy, that our first objection to jurisdiction be accepted and that your court be declared without jurisdiction and the file be sent to the competent … Civil Court of Peace. …/ …/ …
ANNEXES : 1. …/…/…
Counsel for the Respondent
………………………..