TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
4.6 Costs of Interim Applications/ Motions Courts usually set costs depending on the out- come of the application. The outcome of the court case can make a difference to the pay- ment of costs. If the applicant files an application and loses, it will have to pay the costs associated with the application. Interim applications or applications by way of petitions usually involve urgent mat- ters that need to be resolved before a hearing. 4.7 Application/Motion Timeframe The length of time it takes for the court to deal with the application or petition varies depend- ing on the nature of the matter. For non-urgent applications, the timing of the hearing may be extended. For urgent applications, convincing reasons must be contained as part of the request. Tem- porary measures of protection may qualify. The parties must have suffered irreversible damage, serious financial loss, or serious security prob- lems. Precautionary measures in urgent cases preventing the disposition of assets may be approved.
request to submit the documents is accepted by the court and the parties refrain from sub- mitting them, it is possible to say that the other party defends its claims about the content of the document. In the application of evidence identification, if there is a danger of loss of evidence upon the request of one of the parties, it can be protected by having it identified. Expert examination is a frequently used method in cases requiring tech- nical knowledge. Under Articles 240 to 265 of the Code of Criminal Procedure (the “CCP”), the examination of witnesses, takes place in the courts and records are kept. 5.2 Discovery and Third Parties It is possible for a third party who is not a party to the case to obtain evidence. However, this request is made through the court. Third par- ties may obtain discovery if there are documents that will contribute to the solution of the case specified in Article 221 of the CCP. However, they must submit the request and deliver the documents. However, due to the prohibition of evidence against them, they may refrain from delivering documents that will harm them. Third parties are considered witnesses. Wit- nesses take an oath and make their statements before the court. Expert opinions are another way of obtaining evidence from third parties. In cases requiring technical knowledge, the opin- ions of experts are sought. If third parties refrain from being expert witnesses or fail to deliver the document, coercive measures are applied. Dis- ciplinary fines or compulsory appearances are possible. These processes are usually carried out under the supervision of the court.
5. Discovery 5.1 Discovery and Civil Cases
The judge may order discovery to obtain infor- mation about the circumstances of the dispute. In civil cases, as a rule, there is a principle of production by the parties. In other words, the party filing a lawsuit or the defendant states in its petition which evidence it will prove. As Türkiye has a civil law legal system, a long- term discovery situation does not occur. If the
1413 CHAMBERS.COM
Powered by FlippingBook