NEWSLETTER-2020-metin

258 NEWSLETTER 2020 claim and defense except for the amendment of pleading and consent of the other party after the petition phase is completed. In this way, the exemption granted to the prohibition of expanding or changing the claim and defense granted against the party who did not come to the hearing at the preliminary examination stage, is lifted. The amendment of Article 147 regulates a call for hearing and for the oral proceedings of the trial, aside from the investigation. Pursu- ant to the mentioned Article, the invitation that is to be sent to the parties provides for the following: The court shall proceed with the oral proceedings of the trial at the last hearing of the investigation : No additional invitation shall be sent if the hearing for the oral proceed- ings of the trial is to be postponed; and the judgment may be delivered in their absence, without prejudice to Article 150. The amendment to Article 149 cancels the requirement to obtain the parties’ consent for the hearings that are held through video and audio sharing, and regulates that the decision regarding holding such hearing may be de- cided upon request or ex officio . Another amendment is to Article 151, which regulates the order of the court during a hearing. The relevant amendment provides that attorneys who do not represent either party may be asked by the judge to leave the courtroom if order cannot be maintained. An important amendment is regarding the “amendment of plead- ing.” With the amendment to Article 177, an amendment of pleading would be possible even after the reversal decision of the higher court. The newly drafted provision regulates that when the case is reversed and sent to the first instance court, an amendment of pleading is pos- sible until the proceeding reaches its conclusion, without any prejudice to procedurally acquired rights. The Proposal provides a new Article, that being Article 183/A, titled “Proceeding with a Panel of Judges.” This provision regulates how a proceeding would be conducted with a panel of judges, and the allocation of the issues between the delegated judges and the panel. As to Article 186, which regulates oral proceedings of the trial, the amendment provides for the following issues that are indeed contrary to the ratio of the CPC: Another invitation for the oral proceedings of the trial shall not be sent; the court shall proceed with the oral proceed-