TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
5.3 Discovery in This Jurisdiction There is no widespread discovery practice in Turkish law. It is possible to submit evidence and documents in line with certain procedural rules. Parties are required to submit the documents that are relevant to the resolution of the case. If the other party requests a document, it must state the justification for this request. Where the requesting party does not provide a reasonable justification, the situation claimed by the requesting party is accepted. From the moment the lawsuit is filed, the parties can pre- sent their evidence. If new evidence emerges during the course of the case, it can be pre- sented to the court according to the nature of the situation. The court has control over the evidence-gathering process. 5.4 Alternatives to Discovery Mechanisms Specific deadlines have been set for the collec- tion and presentation of evidence in court pro- ceedings. The parties are obliged to submit the evidence they have to the court. The evidence may be written documents, wit- ness statements, expert reports and discover- ies and other material evidence. The court may order the submission of the documents after determining and approving their relevance to the case under Articles 219 and 220 of the CCP. Wit- nesses give a declaration under oath and these statements are evidence under Articles 226 to 287 of the CCP. The parties may object to the expert’s report. However, expert reports are important evidence. The main reason for the discovery decision is to make the most accurate determination by exam- ining the material evidence on site. It is forbidden to use illegal evidence in these evidential deter-
minations in accordance with Article 189 of the CCP. Evidence significantly affects the outcome of the case, so it is important that the evidence is used correctly and obtained in accordance with the law. 5.5 Legal Privilege Article 36 of the Attorneyship Law specifies there is attorney and client confidentiality. Lawyers are obliged to keep the information they learn as part of their profession confidential. The lawyer is under this obligation during the period of legal service. The lawyer cannot disclose information that is to the detriment of the client. However, there are some exceptions to this. If the lawyer knows about a criminal act their client has committed, it is essential that they do not get involved in the crime and act in accordance with the law. There are distinctions between independent and in-house counsel in terms of confidentiality. Independent lawyers are bound by the principle of confidentiality in all transactions. However, in- house counsel are subject to different approach- es in some specific areas due to their position as employees within the company. Lawyers are obliged to keep the information obtained in the course of their profession con- fidential within the scope of the prohibition of testifying (Article 37 of the Attorneyship Law), and they cannot act as witnesses. 5.6 Rules Disallowing Disclosure of a Document Parties may refrain from the production of docu- ments due to certain circumstances set out in the CPC. In line with certain rights that the par- ties have, they may refrain from doing so in order
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