Newsletter-21
376 NEWSLETTER 2016 not allowed to submit evidence, this would be an infringement of due process rights: “The acceptance of the contrary would lead to failure of the respondent who missed the deadline for the statement of reply, or who did not respond to the lawsuit, would subsequently not be able to submit evidence. This would infringe the right of due process laid down under Article 27 of the Code of Civil Procedure.” On the other hand, the recent decision of the Court of Cassation does not consider the fact that the respondent who failed to submit its statement of reply would not be allowed to submit evidence as an infringement of the right to due process. Conclusion The decision of the GeneralAssembly of Civil Chambers the Court of Cassation leads to very important results with regard to proceedings conducted pursuant to the TCCP. Proceedings held according to this precedent would lead to denial of the request for a further time limit in favor of the respondent who failed to submit its statement of reply. Additionally, such respondents would not be able to submit any evi- dence within the scope of denial of the facts set forth in the statement of claim. As the failure to submit the statement of reply would lead to failure to submit evidence, it is important that the relevant decision of the GACC be taken into consideration, concerning the proceedings conducted pursuant to the TCCP.
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