NEWSLETTER-2019-metin

236 NEWSLETTER 2019 The Review of the Decision of the Court of Cassation as a Result of the Appeal for the Sake of Law* Att. Piraye Erdem Introduction In its decision numbered 2019/6552 E. 2019/17198 K. and dated 02.10.2019 (“Decision”), 1 the 9th Civil Chamber of the Court of Cas- sation (“Court”) has examined the first instance court’s decision upon the request of appeal for the sake of law by the Ministry of Justice and the Court of Cassation Prosecutor’s Office. The first instance court has rejected the case on procedural grounds that the advance payment of evidence required for expert review has not been deposited within the definitive period given set forth by the court. The court made an evaluation that would constitute a precedent by emphasizing the concepts of advance on evidence and advance on costs. Consequently, it was concluded that the advance payment to be taken for submitting evidence is not a cause of action, unlike the advance on costs and, therefore, the decision of rejection on proce- dural grounds is found to be incorrect. According to the Decision, the first instance court should have made a decision based on the present evidence by accepting that the party has waived that evidence. As it will be examined below, misunderstanding the difference between advance on evidence and advance on costs would result in negative consequences in terms of the outcome of the case. The Decision has focused on the characteristics of these two concepts and reached sig- nificant conclusions in terms of procedural law. The decision is also important due to the fact that it has been given as a result of appeal for the sake of law. * Article of December 2019 1 OG, No. 30968, 04.12.2019.