Private Expert Reports And Cross Examination In Patent Litigation

Legislation

The Turkish Procedural Law No: 6100 in force since October 01, 2011 introduced a new procedure enabling the parties to submit private expert reports to the court action. Another important development was to introduce the cross examination procedure to in respect of the expert examination in the civil litigation.

Article 293 stipulates that parties may obtain and submit as evidence, scientific private reports from an expert in the field of the matter subject to the court action. The Court, upon the request of the parties or on its own discretion, may decide to hear the private expert who prepared the report and may set a hearing to this effect. Necessary questions may be directed to the private expert in this hearing. The expert report shall not be taken into consideration, should the private expert fail to attend this hearing.