ARTICLE 402 OF THE CCP
(1) The request for the determination of evidence shall be made with a petition. The petition contains the case requested to be determined, the questions requested to be asked to witnesses or experts, the reasons that raise suspicion that evidence will be lost or difficulties will be encountered in showing it, and the name, surname and address of the person against whom evidence is requested to be determined. If the person requesting determination is unable to identify the person against whom the determination will be made due to the inability of circumstances and conditions, his/her request shall be deemed valid.

(2) Subsequent transactions shall not be made unless the determination expenses determined by the court are paid in advance.

(3) If the determination request is found to be justified by the court, the decision shall be communicated to the other party together with the petition. The decision also states how and when the evidence determination will be made, that the other party may be present during the execution of the determination, and that objections and additional questions, if any, should be notified within one week.

(4) (October:22/7/2020-7251/44 art.) After the determination is made, the determination record and a sample of the expert report, if any, are officially communicated to the other party by the court.

THE JUSTIFICATION OF ARTICLE 402 OF THE CCP
In this article, which corresponds to the regulation in Article 371 of the Law No. 1086, the procedure for the determination of evidence is set out more clearly. In the meantime, the principle that the determination can be made and the expenses required for the notification to the other party are initially received from the claimant as an advance has been introduced and any Deceptions that may arise in this regard have been eliminated.

You can reach our other articles and example petitions from clicking here.