Discovery Of Evidence Requests And The Scope Of Bolar Exemption

Discovery of evidence requests are specially regulated under Civil Procedural Law No. 6100. Discovery of evidence serves the purpose of determining a fact that has not yet been examined in an ongoing action or a fact that will be put forward in a future action.

It must be emphasised that unlike the US and UK systems, there is no full and frank disclosure procedure under Turkish civil law. In other words, the parties may decide, at their discretion, which documents they will or will not submit to the court; thus, it is not mandatory to disclose all information. Therefore, discovery of evidence from a third party via court proceedings is crucial. Article 400 of Turkish Code of Civil Procedure No. 6100 rules that the party requesting discovery of evidence must have a legal interest, and it is accepted that a legal interest exists if the evidence is lost, or that it will be difficult to depend on that evidence unless it is immediately revealed, except for the