NEWSLETTER-2020-metin

257 CIVIL PROCEDURE LAW the CPC is removed from the first objections. Thus, the relationship between the civil courts of first instance and the commercial courts of first instance, was also included in the law. Another arrangement in the Proposal relates to the advance on costs received in advance upon filing the lawsuit and evidence ad- vance which includes expenses for experts, discovery and witnesses. In fact, in the CPC, it is clear what the advance on costs and evidence advances are, and when they should be collected. However, in prac- tice, evidence advance is collected at the beginning of the case along with the advance on costs. This situation causes an advance deposit in high amounts upon the filling of a case. Therefore, with the planned change, the obligation to deposit the evidence advance with the court cashier when filing a lawsuit, has been eliminated. Article 123 of the CPC is also amended with the Proposal, and if the case is withdrawn, the court decides that the case should be deemed as “non-filed.” In the preamble, it is stated that different decisions have been made on the subject, and it is aimed to ensure uniformity. With the amendment made in Article 125, if the case is concluded against the plaintiff after the transfer of the case, it is regulated that both the transferor and the transferee will be jointly responsible for the court expenses. With an addition made to Article 127 regulating response time, the provision stating that the additional time granted shall start from the end of the response time, has been included in the text of law. It was stated in the preamble that it is aimed to eliminate any confusion in this regard. With the amendment to be made in Article 281, the pos- sibility of requesting an additional two-week period for the declaration to the expert report period has been enabled. In the Proposal, amendments are made in Articles 139, 140 and 141 of the CPC. With the amendment, a warning is added to the in- vitation of the preliminary examination hearing for the submission or subpoena of the evidence, which has been presented, but has not yet been submitted within a period of two weeks. The judge is obliged to be notified of the principles, process and legal consequences of settle- ment and mediation. With the amendment, it is forbidden to expand the