TÜRKIYE Law and Practice Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
7.5 Expert Testimony Expert testimony is permitted, but it is obtained pri- marily through court-appointed experts under Articles 266–287 of the CPC. Where the dispute requires tech- nical or specialised knowledge, the court appoints an expert or expert institution to prepare a written report and, if necessary, provide oral clarification at the hear- ing. The parties may submit written objections to the report and request additional questions or a supple- mentary assessment. Parties may obtain private expert opinions, but these are treated as party submissions rather than formal expert evidence. If the court finds the initial expert report inadequate or contradictory, it may request a supplemental report or appoint a new expert or expert panel. Ultimately, expert evidence is controlled and administered by the court rather than introduced directly by the parties. 7.6 Extent to Which Hearings Are Open to the Public Civil hearings in Türkiye are generally open to the public in accordance with the principle of publicity. This ensures transparency and is a component of the right to a fair trial. However, the publicity of hearings does not extend to the case file or hearing transcripts, which are accessible only to the parties and their authorised counsel. The court may order a closed hearing where required by public morality, public order, protection of personal or commercial secrets, or the privacy interests of the parties. Hearings before juvenile courts are confiden- tial under the Child Protection Law. Where confiden- tiality is ordered, access to the minutes and related documents is restricted. 7.7 Level of Intervention by a Judge Civil proceedings in Türkiye are judge-led. The judge actively manages the hearing, directs the order of submissions, examines witnesses, and ensures that only relevant and admissible evidence is introduced. Judges intervene frequently to clarify factual or legal issues and to maintain the procedural order required for a fair trial.
Case management is primarily conducted at the pre- liminary examination hearing regulated under Articles 137–142 of the CPC. At this stage, the court identifies the issues in dispute, determines whether the con- ditions of the action and preliminary objections are satisfied, and sets the timetable for the submission of evidence and the progression of the case. The court may also schedule additional procedural hearings where necessary to manage the steps leading up to the evidentiary phase or trial. These hearings ensure that the case proceeds efficiently and that deadlines for evidence and submissions are clearly established. 7.3 Jury Trials in Civil Cases Türkiye does not have jury trials in civil cases. All civil proceedings are adjudicated by professional judges, and there is no mechanism for lay participation in fact-finding. The process is conducted through writ- ten submissions supported by documentary and oral evidence, with hearings held in open court. While par- ties may present oral statements and witnesses, the case is decided solely by the judge, and the procedure does not resemble a jury trial model. 7.4 Rules That Govern Admission of Evidence The admission and use of evidence in civil proceed- ings is governed by Articles 187–293 of the CPC. Evidence may consist of written documents, witness testimony, expert reports, and on-site inspections, depending on the nature of the dispute. Certain claims must be proven with written evidence, and where a written document is required, witness testimony may not be used in its place. During the preliminary examination hearing, the court identifies the disputed issues and sets the timetable for submitting evidence. Evidence must also comply with Article 189 of the CPC, which excludes unlaw- fully obtained evidence. Parties may challenge the reliability or relevance of evidence presented by the other side. Where evidence is at risk of being lost, the court may order its preservation ( delil tespiti ). Expert opinions are admitted when technical or specialised knowledge is required and may be contested by the parties.
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