249 CIVIL PROCEDURE LAW before the reversal, and that it was a violation of the rules of procedure to put forward new and different issues that were never litigated at trial. Upon the appeal of the defendant’s attorney of the decision to persist, the dispute was brought before the General Assembly of Civil Chambers. In its Decision, the General Assembly of Civil Chambers stated that the dispute was based on the issue of whether the assertion of facts (other than the content of the expert report) was within the scope of the prohibition on extension of the claim and defense, as the defendant had failed to respond within the time limit, and, depending on to the outcome of this issue, whether it was necessary to receive an additional report from the same committee or a new report from another expert committee in order to meet the objections of the defendant’s attorney. A General Overview of the Issues Failure to Respond to the Complaint Within the Time Limit Pursuant to Code of Civil Procedure numbered 6100 (“CCP”) Art. 128, the defendant, who has not submitted a reply petition within the time limit, is deemed to have denied all the facts put forward by the plaintiff in the petition. “The defendant, who has not submitted a reply petition by the due date, shall be deemed to have denied all the facts put forward by the plaintiff in the lawsuit petition.”1 As stated in the Decision by referring to the relevant scholarly literature,2 a defendant, who has not filed a reply is assumed to have contented themselves with just denial, and can only defend within the framework of denial at the preliminary examination and investigation stage and can show evidence to that effect. 1 Translated by the author. 2 Pekcanıtez, Hakan: Medeni Usul Hukuku Temel Bilgiler, V. 2, On iki Levha Yayıncılık, 2017, p. 1206.
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