Will COVID-19 Skyrocket Remote Hearings?

Introduction

Law 7251 on the Amendment of the Civil Procedure Code and Certain Laws entered into force upon publication in the Official Gazette (31199) on 28 July 2020. Article 17 of Law 7251 amended Article 149 of the Civil Procedure Code (CPC) 6100 to allow courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. Although the concept is not new to Turkish law, the expansion of its scope is significant given the ascending number of COVID-19 cases in Turkey.

Background

The possibility to conduct remote hearings through video and audio transmission was introduced to Turkish law by the Penal Procedure Code 5271, which entered into force on 1 June 2005. Later, the CPC, which entered into force on 1 October 2011, set out the legal framework for the use of remote hearings in civil trials.