This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Duruşmaya Katılamamak: Mazeret Dilekçesi ve Dosyanın İşlemden Kaldırılması.
If you cannot attend a hearing, the application to be excused must reach the court before the hearing day; one filed afterwards is usually not considered. If neither party attends, the file is struck out of the list, and if it is not reinstated within three months the action is treated as never brought (Article 150 of the Code of Civil Procedure). This is a procedural rule whose consequences cannot be undone.
You fall ill on the hearing day, or you are out of town, or something unavoidable comes up. The answer is not to ignore the hearing but to file an application to be excused.
The consequences of not attending depend on the stage the case has reached and on whether the other side attends. The most serious is that the file is struck out and, in the end, the action is treated as never brought — a complete loss of the fee paid and of the time that has passed.
What Happens If You Do Not Attend?
Article 150 of the Code of Civil Procedure governs three possibilities.
If neither party attends, or they attend and state that they will not pursue the case, the file is struck out of the list. The case does not end but is suspended.
If one party attends and the other does not: if the party present asks for the proceedings to continue, the case proceeds in the other's absence, and the absent party cannot object to the steps then taken. If the party present also does not wish to continue, the file is again struck out.
One point deserves emphasis: not attending a hearing does not lose you the case; a decision can be given in your absence. The real risk is that you cannot file your evidence or answer the other side's statements.
| Situation | Consequence |
|---|---|
| Neither party attends | The file is struck out of the list |
| The party present does not wish to pursue the case | The file is struck out of the list |
| A struck-out file is not reinstated within 3 months | The action is treated as never brought |
| The file is struck out a second time and reinstated | If not pursued after reinstatement, the action is treated as never brought |
| Only one party attends | The proceedings continue; steps are taken in the absent party's absence |
| The application to be excused is granted | The hearing is adjourned |
Documents must always be attached: a medical report, travel documents, or the record of another hearing listed for the same day.
How Is the Application Made?
The application must reach the court before the hearing day. One filed after the hearing is as a rule not considered, because the judge, seeing nothing on the file at the time of the hearing, will already have made the necessary order.
The application should contain:
- the file number and the hearing date,
- a concrete explanation of why you cannot attend,
- a document evidencing the reason (a medical report, travel documents, or the notice of another hearing listed for the same day),
- a request that the hearing be adjourned to another date,
- an express statement that you are not abandoning the case.
That last item is often omitted but matters: expressly stating in the application that you are pursuing the case reduces the risk of the file being struck out.
An application without documents may be refused. Saying “I am unwell” is not enough; a report is needed. Likewise, if another hearing is relied on, the document relating to it must be attached.
What If the File Is Struck Out?
A struck-out file is not lost. Article 150 provides that it may be reinstated within three months of the date it was struck out.
Reinstatement is applied for by petition and a reinstatement fee is paid. The reinstated case is not a new action; the old file continues from where it stopped.
There is a limit, however: if the file is struck out a second time and is again not reinstated within three months, the action is treated as never brought. That means it is regarded as never having been filed — limitation is treated as never having been interrupted, the fee paid is not returned, and the claim may have become time-barred meanwhile.
An action not reinstated within the three months is likewise treated as never brought. Put the date in your calendar the moment you see the order striking the file out.
Must I Attend in Person?
In civil cases the parties are as a rule not obliged to attend in person; representation by a lawyer is enough. There are exceptions:
- where the court has ordered that the party be heard in person;
- where an oath has been tendered and a summons issued for it;
- where the law requires the party's own statement, as in divorce proceedings;
- in guardianship matters, where the person whose capacity is in question must be heard.
Criminal proceedings are different: the accused's attendance is as a rule compulsory, and unexcused absence may lead to an order for compulsory attendance.
There is also the possibility of attending remotely through the judiciary's audio and video system. That request must likewise be made before the hearing, with reasons.
An application filed after the hearing day has passed is as a rule not considered. Get it to the court before the hearing, with its supporting document, and state expressly that you are not abandoning the case.