Filing a case simple as that ?
Yes, all it takes to file a civil case is to deliver the
petition to the court registry with postal costs and legal fee
receipt attached. Despite it seems too easy its a highly formal
procedure entails severe legal consequences and huge financial
Remember. Despited the filing phase is simple as that. The
entire process is extremely severe and sometimes could be time
How long an avarage case takes?
According to the statistics of the Justice Ministry. In 2007 it
took 202 days to try a case, that changes from court to court.
For instance, a case filed in Intellectual Property Civil Court
has been tried in 619 days, that figure changes In the
Commercial Court as 410 days, In labor Courts as 441 days, in
Family Courts as 157 days, in Civil Courts of Peace as 108 days.
Is it better if I dont file a case?
It your constitutional right to apply to courts and seek justice.
Do not refrain from exercising your rights. But in doing so it
would be in your favor to you deeply assess before you launched
thep process. the possible consequences in terms of winning and
loosing and prospective financial consequences when you lost.
Where should I file the case?
You should file the case in the competent and assigned courts.
Since the question as to which court is competent and assigned
has no short cut answer and filing a case in an incompetent
court would possibly result in time and money losts, you'd
better consult to and advocate and ask for professional help.
What should I know before filing a case?
If you are not in a position to afford a lawyer ask your selves
the questions below:
Are you sure you are informed well enough to file a case?
Are your determined as to pursuing your case? Ignoring the
presence at the court once you filed a case results in the
case being deemed unfiled.
Have assessed the negative consequences in case you loose the
case? If you hired a lawyer you'd better ask him/her
to inform you on that
How much the case would cost to you?
What is the avarage amount of the additional costs in case you
loose( legal fee, trial costs, lawyer costs etc)
Is there any other way available to fix the unfairness you have
The overall lay out of a petition
The petition is the key tool in a civil case. State your case
touching the core issues. Writting longer than necessary, giving
room to unnecessary detailes, mentioning irrelevant people could
damage your case. Likewise a petition written way shorter than
necessary and skipped the core aspects , would harm the case as
well. Therefore the petition should be drafted in due diligence.
Drafting your petition title by title, listing your evidences,
putting your attachements in order would be in your favor.
What a formal petition should contain?
Name and surname ID number ( if possible) of the defendant,
Title if its an agency
The subjectmatter of the case
The reason why you file the case
The legal grounds you based on
The date of the incident has occured and the date you have
Jurisprudences of the supreme court ( if possible) and samples
of previously tried cases.
Is it compulsory to hire a lawyer?
No, it is not. Remember a lawyer would be of great help in the
course of a litigation. In case you are not sure that , you are
well informed in litigation and procedural law consult to a
lawyer. If you are not in a position to afford a lawyer remember
that you are entitled to a pro bono lawyer. To get that free
legal aid. You need to apply to the bar association of your city,
For more information please see. the legal aid brochure
How much cost to file a case , expencive?
Yes, Filing a case could sometimes be expensive, legal fees are
not so high in comparison to the fees in Europe. But still
depending on the nature and the time to be invested.
Expenditures could get higher than estimated. You should get
ready to the unexpected expenditures and find out what the
possible expenses are. In the course of the trial legal expenses
are demandend from the claimant. In case you dont pay the legal
fees court by law would find that you vaiwed your right to file
a case and that would be harmful for your case.
Could I be reimbursed?
If you win the case at the end the court would decide that the
expenditures you made to be paid by your opponent. But remember
only the court fees to be paid to you. The such expences as made
in preparation to the case, transportation expenses and the
the wage you paid to your council shall not be reimbursed.
Am I entitled to enforce my right directly?
No, You need the judgment be finalised and the court fee decreed
in the judgment must be paid and the judgment should be served
to your opponent. The parties have right to appeal the decision.
In case one of the parties appealed the decision. the decision
shall become final after that stage is over.