Absolute Correction 3 November 2022

Absolute Correction

What is the correction?

The institution that allows the parties to unilaterally "partially or completely" change their previous procedural actions during the litigation process is called "correction".

What is the absolute correction?           

Absolute correction is a type of correction that allows changing the case from the beginning in accordance with Article 180 of the Code of Civil Procedure.

What can and cannot be done with correction?

The party changing the case through absolute correction must submit a new petition within one week after this notification. If the new petition is not submitted within a week, in this case, the right of correction is deemed to have been used, but the case continues as if the correction was never made.      The party exercising the right of correction:

1. The plaintiff, on the other hand, can change the reason for the lawsuit stated in the petition,
2. Can complete the cases reported missing,
3. Can change the subject matter,
4. The defendant can change the reply petition,
5. The party correcting the case can change the type of case,
6. Can show new evidence,

The things that can be done through correction are mentioned above. However, there are some processes that cannot be done with correction. Accordingly, with correction:      

1. The first objections, which are not reported in the first reply petition, cannot be brought forward by way of correction,
2. The second list of witnesses cannot be given,
3. No counterclaim can be filed,
4. Transactions such as waiver, acceptance, and settlement cannot be corrected through correction.

Up to what stage of the trial can corrections be made?

Pursuant to article 177/1 of the Code of Civil Procedure correction can be made in every stage of the trial until the end of the investigation (The investigation phase starts from the preliminary examination hearing and refers to the collection and evaluation phase of the evidence up to the oral trial phase.) stage. It is not possible to make corrections during the appeal or appeal examinations. On the other hand, when the file is sent to the court of the first instance after the decision of the Court of Cassation to reverse or the decision of the regional court of appeal, pursuant to article 177/2 of the Code of Civil Procedure, the file can be reformed until the end of the investigation, if the court of the first instance takes an action regarding the investigation. However, the legal situation that arises by complying with the annulment decision cannot be abolished, as regulated under Article 177/2 of the Code of Civil Procedure.