I forgot to write a claim item when filing a lawsuit; can't I make an 'amendment' in court and add it?

No, according to this decision of the Grand General Assembly for the Unification of Case Law of the Court of Cassation, a new claim item that is not present in the petition of the lawsuit cannot be added to the lawsuit through amendment; you must file a new lawsuit for this.

Well, can I increase the amount I requested in an already filed lawsuit?

Yes, there is no obstacle to increasing the amount of a claim item that you previously specified in your petition of the lawsuit through amendment; the prohibited action is adding a 'new item that was never requested'.

COURT OF CASSATION RULINGS30 June 2026

Critical Step from the Court of Cassation: Era of Amendment in Lawsuits Has Come to an End

Official titleDecision of the Grand General Assembly for the Unification of Case Law of the Court of Cassation dated 08/05/2026 and Numbered E: 2021/8, K: 2026/1

The Grand General Assembly for the Unification of Case Law of the Court of Cassation has ruled that a new claim item that was never included in the petition of the lawsuit cannot be incorporated into the lawsuit through 'partial amendment'.

Details of the Regulation

The decree of the Grand General Assembly for the Unification of Case Law of the Court of Cassation numbered 2021/8 Basis and 2026/1 Decision has brought clarity to the issue of whether a demand not made the subject of a lawsuit in the petition of the lawsuit can subsequently be added to the lawsuit by utilizing the institution of amendment. The Assembly thoroughly examined the provisions of the Code of Civil Procedure No. 6100 (HMK) regarding the filing of lawsuits, preliminary examination, and amendment processes; it stated that the main purpose of amendment is the correction of errors in procedural acts, and that introducing a new demand into the lawsuit through amendment that was never included in the petition of the lawsuit is incompatible with the principles of procedural economy and legal certainty.

In the justification of the decision, it was emphasized that the 'preliminary examination' stage introduced in the HMK determines the boundaries of the lawsuit and that conducting the investigation within the framework of these boundaries is mandatory. The subsequent addition of a demand not included in the petition of the lawsuit through amendment was found contrary to law on the grounds that it violates the defendant's right of defense and causes the lawsuit to linger. In line with this, it was resolved that a claim item not specified in the petition of the lawsuit can only be requested by filing a new lawsuit.

This decision on the unification of case law has ensured unity in legal practice by resolving the differences of opinion between different civil chambers of the Court of Cassation. From now on, in lawsuits before the courts, the path of 'amendment' cannot be used for new demand items that were not included in the petition of the lawsuit, and this situation will be rejected on procedural grounds.

REGAS Commentary

This decision serves as a vital warning for lawyers and citizens. You can no longer add a new claim item that you forgot or thought of later in court into the existing lawsuit by submitting a 'petition of amendment'. This situation means that the party who accidentally makes an incomplete demand will have to file a new lawsuit to compensate for the missing part. This also means paying additional court fees and starting a new judicial process. Stating all your demands completely when filing your lawsuit has become more critical than ever.

Questions You Might Have

I forgot to write a claim item when filing a lawsuit; can't I make an 'amendment' in court and add it?: No, according to this decision of the Grand General Assembly for the Unification of Case Law of the Court of Cassation, a new claim item that is not present in the petition of the lawsuit cannot be added to the lawsuit through amendment; you must file a new lawsuit for this.
Well, can I increase the amount I requested in an already filed lawsuit?: Yes, there is no obstacle to increasing the amount of a claim item that you previously specified in your petition of the lawsuit through amendment; the prohibited action is adding a 'new item that was never requested'.

Key Terms

Islah: The legal institution that allows parties to correct, partially or completely, the procedural acts they have performed during the trial process.
Kısmi Islah: The process of increasing the amount of the demands included in the petition of the lawsuit or correcting existing procedural acts.
Usul Ekonomisi: The principle that the trial is concluded in a reasonable time, efficiently, and without incurring unnecessary expenses.
Hukuki Güvenlik: The principle that rules of law are predictable in advance and that the confidence of individuals in the state/judiciary is not harmed.

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