NEWSLETTER-2019-metin

238 NEWSLETTER 2019 The nature of advance on costs as a cause of action is not dis- puted, since there is an explicit provision stating this. Pursuant to another provision regarding advance on costs, Article 120 of the CCP, the plaintiff shall deposit the fees for the proceedings, and the amount that is stated in the tariff issued annually by the Ministry of Justice to the court’s pay desk when bringing an action. The second paragraph of the abovementioned provision regulates that in the case where the deposited amount is insufficient, the court will grant two weeks of a definitive period to the plaintiff to cover the costs. The advance on evidence is regulated in Article 324 of the CCP : Advance on Evidence Article 324 (1) Each party shall deposit the advance determined by the court for the evidence which it requests for presentation within a definitive period of time. If the parties jointly request the presen- tation of the same evidence, they shall pay the required advance by one-half, each. (2) If one party fails to meet its advance payment obligation, the other party may deposit it. Otherwise, the presentation of the evidence shall be deemed to have been waived. (3) The provisions on lawsuits and cases which the parties cannot dispose of freely are reserved. The Decision refers toArticle 205 titled “Payment of Fees,Advance on Costs andAdvance on Evidence” of the Regulation on Performing the Administrative and Editorial Services of the Regional Courts of Justice and Courts of Original Jurisdictions and Public Prosecutor’s Offices. The said regulation is important in order to understand the difference between advance on evidence and the advance on costs : Payment of Fees, Advance on Costs and Advance on Eviden- ce Article 205 (…) (3) If it is understood during the hearing that the advance on costs is insufficient, the court shall give the plaintiff two weeks as the definitive period for the completion of this deficiency. If the advance on costs, which is a cause of action, is not deposited or