Litigation and procedure

Evidence

The collective name for the means used to prove disputed facts in litigation, such as deeds, witnesses, experts, inspection and oath.

All terms

Evidence is the means of proving disputed facts in litigation. Deeds, witnesses, expert examination, judicial inspection and oath are the principal types; proof through means not regulated by statute is also possible, with electronic records and messaging content gaining ever more weight in practice.

Turkish law requires legal transactions above a statutory amount to be proven by written instrument, witness testimony being in principle inadmissible in such cases, and claims against a deed must likewise be proven in writing. Evidence obtained unlawfully may not be used to establish facts.

Evidence must be indicated during the pleadings stage, showing which item relates to which fact, and new evidence may in principle not be invoked after the strict deadline set at the preliminary examination. Most disputes in practice turn on proof rather than on the merits, which makes habitual documentation the most effective form of legal protection.

Statutory basis

  • HMK m.187
  • HMK m.189

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.