What is Extraordinary Objection? A Legal Remedy Used as a Last Resort in Trial
Extraordinary objection is a legal remedy used to ensure that court decisions are reviewed for certain reasons. In this article, we will discuss what an extraordinary objection is, how it is made, and examples and explanations.
1. Definition of Extraordinary Objection
What is Extraordinary Objection?
Extraordinary objection is a form of application that requests the retrial of final court decisions within the framework of general principles of law or procedural rules.
Legal Basis:
There are legal bases for extraordinary objection in legislation such as the Turkish Civil Code and the Turkish Penal Code. Details are especially included in the Code of Civil Procedure No. 6100.
2. Types of Extraordinary Objection
There are different types of extraordinary objection. These are:
Appeal to the Supreme Court:
For decisions made by first instance courts or courts of appeal, you can apply to the Supreme Court to request the reversal of the decision.
Objection by Legal Procedure:
Objection by legal means is a method used to correct previously made decisions for certain legal reasons.
3. Extraordinary Objection Reasons
The reasons for filing an extraordinary objection include the following:
Unlawfulness:
If the court decision is unlawful, an objection can be filed. For example, situations such as the court not evaluating the evidence correctly or violating the procedural rules fall within this scope.
Emergence of New Evidence:
New evidence that emerges after the decision has become final may be grounds for an extraordinary objection. For example, the emergence of a document or witness statement that could change the course of the case.
Procedural Error:
If the court has acted contrary to the procedural rules during the trial, an extraordinary objection can be filed.
4. Extraordinary Objection Application Process
The steps to be followed when applying for an extraordinary objection are as follows:
Application Petition:
A petition must be prepared that includes your objection reasons and new evidence.
Application Period:
There are legal periods for extraordinary objections. These periods start from the date of notification of the decision. For example, extraordinary objections to the Court of Cassation must generally be made within 30 days.
Review Process:
Your petition will be reviewed by the relevant court and a decision will be made.
5. Sample Cases
Example 1:
A worker filed a lawsuit thinking that he was unfairly dismissed from his job and the court ruled against the employer. However, the employer filed an extraordinary objection to the court decision by presenting new evidence. In this case, the court may review its decision by evaluating the new evidence.
Example 2:
In a criminal case, the defendant requested that the court decision be overturned due to a procedural error. The defendant’s lawyer presented new evidence that he was not called to the hearing. This objection can be evaluated through an extraordinary objection.
6.
Extraordinary objection is a method that can be applied for the re-evaluation of court decisions, as a possibility provided by law. Due to the complex nature of legal processes, it is important that such objections are handled by an expert lawyer. In any case, correctly determining the legal periods and grounds is critical to the acceptance of the objection.
