ARTICLE 400 OF THE Civil Procedure Code
(1) Each of the Parties may request that procedures such as conducting a discovery, conducting an expert examination, or taking witness statements be performed in order to determine a case that has not yet come up for review in a case that is being heard, or that it will be put forward in a future case.

(2) In order for the determination of evidence to be requested, the existence of a legal benefit is required. Except in cases expressly provided for in the law, there is a legal benefit if it is within the possibility that the evidence will be lost if it is not detected immediately or it will become significantly difficult to put forward.

THE JUSTIFICATION OF ARTICLE 400 OF THE CCP
Since the regulations in Articles 368 and 369 of Law No. 1086 relate to cases where evidence determination may be requested, the provisions of both articles are covered here in a single article and in two separate paragraphs. There is no difference in the essence of the provision introduced from the old regulation. Thus, in cases where it will be lost if it is not detected immediately or it will be more difficult to collect it in the future, it is stipulated to collect the evidence in advance in order to protect the legal benefit.

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