North Cyprus Law | Amendment in Civil Cases

North Cyprus Law | Amendment in Civil CasesNorth Cyprus Law | Amendment in Civil Cases

A Civil Court case file would include a pleading, defence and/or a counter claim and/or a reply to the defence which are all written documents prepared by the parties of the case or their Advocate’s and filed to the TRNC Civil District Court Registry. A pleading would include all the material facts of the case which means all of the facts which give you the right to sue and a pray (statement of claim) at the end of the written document. Once all of the documentation is prepared, and if you have not come to a settlement out of court and/or given a judgment by consent before or after a mention of the case and defence have been done to the court etc, the case would be heard within a hearing and evidence would be submitted to the court. In civil cases the court can only rule on facts and/or claims stated in the pleading, defence and/or counter claim documentation therefore all of the relevant material facts and claims must be written in the documentation referred and if the relevant material facts and claims have not been stated in the said documentation then evidence should not be put before the court. As I have said even if evidence is submitted to the court which hasn’t been stated in the said documentation the court cannot rule on it.

Most of you would ask if there is a way around this procedure. In other words is there a solution to this. The answer is yes there is a solution. Remedies are inexhaustible in democracies. If you desire to add or change something important which needs to be heard and ruled on by the court and which hasn’t been included in the said documentation or needs to be changed then you can amend the said documentations. In practice an amendment order can be granted by the court until the final judgment of the supreme court or the court of appeal court etc, however the case may be, and depending on the circumstances of each particular case, once a written application has been filed to the court by either of the parties of the case and the court has come to the conclusion that the other side has been compensated with costs and therefore no injustice has been done to the other side. Therefore, in practise this application doesn’t usually have a hearing and is usually settled out of court and by consent by the parties and/or the Advocates.

But as a general rule and in theory the court would take into consideration the following within a hearing of the written application for amendment of the said documentation and would be satisfied that the following factors or elements have been met before granting an amendment order;

1- Amendment should be reasonably necessary for the due presentation of the case and/or defence and/or counter claim.

2- Payment of costs to the opposing side.

3- There must not be undue delay on part of the party applying for the amendment.

4- Amendment will not injure or affect any vested rights of the opposing party.

5- The application has not been made mala fide.

6- Amendment will not cause undue delay or will not in any other way unfairly prejudice the other party.

7- Amendment is not irrelevant or useless or would not raise purely a technical point.

Hak Hukuk

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