Litigation Costs

Litigation costs are the expenses incurred to bring and conduct a case (Code of Civil Procedure Arts. 323-333). As a rule, they are borne by the losing party.

Scope

• Court fees: Filing fee, advance fee and judgment fee. For monetary claims, a proportional fee is calculated on the value of the claim.
• Cost advance: An advance paid on filing for service, expert and witness costs. If a shortfall is not made up in time, the case may be dismissed on procedural grounds.
• Expert, witness and site inspection costs,
• Service and correspondence costs,
• Attorney fee: Awarded to a party represented by a lawyer under the Attorneys’ Minimum Fee Tariff; see Statutory Attorney Fee.

Who Pays?

• The losing party pays the other party’s litigation costs.
• If the parties are partly successful, costs are shared in proportion.
• A defendant who did not cause the case to be filed and accepts the claim at the first hearing may not be ordered to pay costs.
• In a court settlement, the parties may freely regulate costs.

Mediation and Costs

In mandatory mediation, a party who fails to attend the first meeting without a valid excuse is held liable for half of the litigation costs even if it wins in whole or in part, and no attorney fee is awarded in its favour. This rule was introduced by Law No. 7531 after the Constitutional Court annulled the word “all” in 2024.

Security for Costs by Foreign Claimants

Foreign claimants not resident in Turkey may be required to provide security to cover litigation costs and the other party’s losses. Exemption may be available under international agreements based on reciprocity.

Strategy

The value of the claim directly affects court fees and attorney fees. The potential cost exposure should therefore be calculated before filing. Separate fees and costs also arise at the appeal stage; see Appeal to the Regional Court and Appeal to the Court of Cassation.