In 2020, when calculating court fees, factors such as the type of court, the value of the case, whether there are witnesses, the number of parties, the number of experts, the number of attorneys, and whether the petition relies on expert evidence or an on-site inspection are taken into account.
For example, for a case filed in the Civil Court of Peace with a value of 5,000 TL, and with one witness, one party, one expert and one attorney, the total fees and expense advance are calculated as 512.79 TL. The calculation of court fees is made under headings such as application fee, file expenses, advance fee, notification expenses, attorney copy fee, expert fee, inspection expenses, witness expenses and other procedures and operations.
What Are Court Fees?
Court fees include the following:
- Application fee
- Hearing fee
- Judgment and decree fee
- Appeal, retrial and decree fee
- Inspection fee
When Are Application Fees Paid?
Application fees are paid pursuant to the amended paragraph introduced by Article 13 of Law No. 6217.
Situations where application fees are required are listed below:
- Civil cases
- Criminal cases
- Commercial cases
- Non-contentious matters in administrative cases
- Individual applications to the Constitutional Court
- Enforcement review authorities
How Much Are Application Fees?
Application fees are paid for opening a case by petition or record, intervening in a case, assigning the place of custody, provisional injunctions, provisional seizure, and requests related to the preservation of evidence.
The amounts of these fees are listed below:
- Enforcement review authorities and Civil Courts of Peace require a fee of 25 TL.
- A filing fee of 54.40 TL is charged for Civil Courts of First Instance and administrative courts.
- The application fee for the Constitutional Court is 446.90 TL.
If the court that first hears the application issues a decision of lack of jurisdiction or incompetence, there is no need to pay the application fee again when reapplying to the competent court.
What Are Hearing Fees?
If parties or their attorneys cause the hearing to be postponed, the hearing fees collected are as follows:
- Hearing fees for Civil Courts of Peace vary depending on whether the case has a specific monetary value. If the subject has a determinable value, a hearing fee equal to 0.227% (2.27 per thousand) of the case value is charged. The hearing fee cannot be less than 30.70 TL. If the case does not have a specific value, a fee of 30.70 TL is charged.
- For Civil Courts of First Instance, the hearing fee is also calculated as 0.227% of the case value, but the fee cannot be less than 54.40 TL.
What Is the Judgment and Decree Fee?
Judgment and decree fees are divided into proportional (ad valorem) and fixed fees. These fees cannot be less than 54.40 TL.
How Much Is the Proportional Fee?
Proportional fee amounts are as follows:
- In cases based on a specific monetary value, when a decision is made on the merits, a proportional fee of 6.831% (68.31 per thousand) of the value determined for the dispute is charged. No fee is charged for arbitration proceedings, and the President has the authority to reduce the rate of collected fees by up to 1% (10 per thousand).
- In partition and sale decisions among co-owners of real estate, a proportional fee of 1.138% (11.38 per thousand) of the assigned sale value of the property is charged.
- For decisions on division of real estate among co-owners, a proportional fee of 0.455% (4.55 per thousand) of the distributed value is charged.
- For alimony rulings, a proportional fee of 1.138% (11.38 per thousand) is applied to the annual alimony amount.
- For disputes arising from housing finance claims, receivables secured by mortgages of the Housing Development Administration, and claims for annulment of tenders, a proportional fee of 6.831% (68.31 per thousand) of the disputed amount in the decision is charged.
Fee applications also apply to decisions rendered by Regional Courts of Appeal, Regional Administrative Courts, the Council of State, the Military Supreme Administrative Court and the Court of Cassation.
How Much Are Fixed Fees?
Fixed fee amounts are as follows:
- For decisions that do not involve parties forming a legal relationship and for decisions other than the first paragraph regarding the merits, as well as for dismissal of the case, a fixed fee of 54.40 TL is charged.
- For decisions under Article 34(a) of Law No. 5035 that are dismissed by the Court of Cassation, the Council of State or the Military Supreme Administrative Court, a fixed fee of 11.30 TL is charged.
- When Regional Courts of Appeal, Administrative Courts, Regional Administrative Courts, the Court of Cassation, the Council of State or the Military Supreme Administrative Court decide to stay execution, a fixed fee of 89.60 TL is charged.
- A fixed fee of 89.60 TL is charged for decisions on preservation of evidence, provisional seizure and provisional injunctions.
- If a dispute in a lawsuit is resolved through mediation, a fixed fee of 54.40 TL is required for the decision recorded in the final mediation report when calculating the court fee.
How Much Are Appeal, Retrial and Objection Fees?
The fees for appeal, retrial and objection determined by Article 13 of Law No. 6217 are as follows:
- An application to the civil chambers of the Court of Cassation requires a fee of 267.80 TL.
- An appeal application to the Council of State requires a fee of 267.80 TL.
- For retrial applications to regional administrative courts seeking a stay of execution, the fee is 148.60 TL.
- An appeal application to the civil chambers of regional courts of appeal requires a fee of 148.60 TL.
What Is the Inspection Fee?
An inspection fee is charged to carry out inspections and preservation measures ordered ex officio or upon request. The inspection fee is 384.90 TL.
What Are Enforcement and Bankruptcy Fees?
Situations in which enforcement and bankruptcy fees are collected are as follows:
- Enforcement fees
- Bankruptcy fees
- Seizure, delivery and sale fees
What Are Commercial Registry Fees?
Fees charged for commercial matters are the following:
- Registration and registration fees
- Fees for copies of records and certification fees
What Other Judicial Fees Exist?
Other judicial fees collected in the scope of a case are listed below:
- Copy fees
- Custody fees
- Ledger keeping fees
- Probate-related fees
- Fees for drawing up wills
How Much Are Other Judicial Fees?
Amounts for common-part other judicial fees are as follows:
- Copy fees: A fee of 2.90 TL is charged for each page of a copy of a judgment. A fee of 2.90 TL is charged for each page of court and authority minutes and other document copies. Copies of powers of attorney certified by attorneys and peace judges, including photocopies, require a fee of 7.80 TL.
- Custody fees: For valuable items deposited at court cashiers, a fee equal to 1.138% (11.38 per thousand) of the custody value is charged for up to one year, and 0.569% (5.69 per thousand) for each subsequent year.
- Ledger keeping fees: For ledger keeping and registration operations, a fee of 0.455% (4.55 per thousand) of the recorded value is charged. A ledger keeping fee of 83.50 TL is charged from those with a debt balance or whose receivables and debts are equal. The fees for ledgers kept by the bankruptcy office are also 83.50 TL.
- Probate fees: A fee of 0.455% (4.55 per thousand) of the estate value is charged for probate matters.
- Fees for drawing up wills: For official wills drawn up by a peace judge under Article 479 of the Civil Code, if a specific amount is stated in the will, a fee of 0.113% (1.13 per thousand) of that amount is charged. If no specific amount is stated, a fee of 113.30 TL is charged as a court fee for drawing up the will.