What are Interim Decision and Final Decision?
"Interim decision" and "final decision", which represent important stages of the trial, are fundamental concepts in the field of law.
Interim Decision (Interlocutory Ruling): An interim decision is a temporary and limited decision given by the court in a lawsuit, usually serving purposes such as ensuring the progress of the case, maintaining the balance between the parties, or collecting evidence. These decisions are taken to ensure the continuation of the litigation process and are usually given before the final decision.
Interim decisions are defined as decisions that do not end the case, but rather serve to conduct and advance the case. The judge does not withdraw from the case with these decisions, on the contrary, continues the trial process.
Final Decision (Final Judgment): A final decision represents the court's definitive and final judgment in a case. This decision is given after the complete examination of the subject of the case, the evaluation of the evidence, and the resolution of the disputed issues between the parties. The final decision indicates that the case has ended and the judge has withdrawn from the case.
Decisions given by courts are examined in two main categories:
- Interim Decisions: Decisions that advance the case.
- Final Decisions: Decisions that conclude the case.
Characteristics of Interim Decision
- Ensures Continuation of the Case: The court continues the trial without terminating the dispute with interim decisions.
- Can be Procedural or Substantive: Interim decisions may be aimed at resolving preliminary procedural issues or temporary legal protection measures.
- Cannot be Appealed Directly: Interim decisions cannot be appealed directly; they can only be carried to the legal remedy together with the final decision.
- Reversible: As a rule, the court may revert from its interim decisions under certain conditions.
Procedural Interim Decision: These are decisions given by the court to ensure the continuation of the trial. For example, determining the hearing date or rejecting the preliminary objection.
Substantive Interim Decision: These are decisions given by the court without finally resolving the dispute. For example, the examination of the statute of limitations claim.
Characteristics of Final Decision
- Terminates the Case: A final decision is given by terminating the dispute materially or procedurally.
- Irreversible: The judge withdraws from the case with the final decision and cannot turn back from his/her decision. However, the decision can be corrected through appeal.
- Appealable: Legal remedies (appeal) can be applied against final decisions. However, the law excludes certain decisions from the scope of appeal (for example, cases below a certain amount).
Substantive Final Decision: These are decisions where the court resolves the dispute based on substantive law rules and withdraws from the file. For example, acquittal or conviction decision.
Procedural Final Decision: These are decisions where the court terminates the case within the framework of procedural rules without entering into the merits of the case. For example, a decision of lack of jurisdiction.
Concept of Decision from a Legal Perspective
The Turkish Language Association defines a decision as "A definitive judgment or verdict given by thinking about a job or problem". In the legal sense, a decision expresses the consensus reached on a certain issue by more than one person using their right to vote.
In our legal system, decisions are classified as follows:
- Interim Decisions
- Final Decisions
- Temporary Legal Protection Decisions
Each type of decision plays an important role in the trial process and helps courts fulfill their legal responsibilities.