TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
timing of the hearing, deadlines for the presenta- tion of evidence and other important stages are set when the timeframe for the hearing is set. 7.3 Jury Trials in Civil Cases Trial by jury is not possible in Türkiye. Trials are conducted by judges. In Türkiye, proceedings are conducted on the basis of written docu- ments and evidence. The parties submit their pleadings, replies to pleadings and necessary documents to the court. Hearings are held in open court but do not proceed in the same way as jury trials. 7.4 Rules That Govern Admission of Evidence Types of evidence are regulated in the CPC. Writ- ten evidence can be contracts or official docu- ments. Witness statements are accepted for oral evidence. In cases where expert opinion is taken due to the nature of the work, expert opinions obtained when technical knowledge and special knowledge are required are also evidence. Under Article 139(1) of the CPC, a two-week period is given from the notification of the pre- liminary examination hearing invitation. If there is a risk of evidence being lost or destroyed, temporary measures may be taken in terms of evidence. If the accuracy of the evidence is in doubt, the parties may object to the evidence presented. In some cases, the submission of official documents is mandatory. 7.5 Expert Testimony The parties may submit expert witnesses to the court to testify in their favour in cases that require expertise and technical knowledge according to the subject matter and nature of the case. Experts may prepare reports that are necessary for the resolution of the case and create eviden- tial documents.
If the court deems it necessary, it may request information from these experts. An institution is also appointed for a situation that requires expertise. If contradictions occur, the court has the authority to request another report on the situation. 7.6 Extent to Which Hearings Are Open to the Public Hearings are held in public, and the minutes are accessible through the principle of publicity. This also ensures fair trial procedures within the judi- cial process are implemented. However, there are some exceptions. According to the law on the protection of children, hearings held in juvenile courts are kept confidential. If there are situations that require confidentiality in the case files, the accessibility of the minutes is hidden. 7.7 Level of Intervention by a Judge Judges act to protect the rights of the parties in their trial order. This order must be established to ensure the principle of a fair trial. For the order of the hearing, the judge listens to the statements of the parties and requests the presentation of evidence. During the hearing, it may decide on various circumstances such as whether the documents submitted by the parties are in accordance with the law. If these circumstances are simple to understand, they are also precautionary. For decisions that are more complex and cannot be made without sufficient evidence, it leaves the decision for later. 7.8 General Timeframes for Proceedings The general timeframes for proceedings and how long a case will typically last for varies with each type of case. It will depend on the com-
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