e-book2013

LAW OF CIVIL PROCEDURE

293

Evidence by Documentation and It’s Exceptions under the

Code of Civil Procedure

Att. Alper Uzun

Introduction

“The Principle of providing evidence by documentation” set forth

by the Code of Civil Procedure No. 1086 (“Former CCP”) is one of the

fundamental principles of our legal system. The obligation to provide

evidence by document and the prohibition on providing evidence by

witness against document are stipulated in the Code of Civil Procedure

No. 6100 (“CCP”). Nevertheless, with the new Code some important

amendments have been made to the exceptions to these rules.

The most eminent change is the regulation of the provision formerly

entitled “written preliminary evidence” as “preliminary evidence” and the

inclusion of the definition of what constitutes a Record. It is not necessary

anymore for a record to be in writing in order for it to be considered

preliminary evidence. Any means fitting into the definition of a Record

and which may be deemed as proof can be regarded as preliminary

evidence, on the condition that it fulfills the other two criteria. Within

this perspective, electronic records may also be regarded as preliminary

evidence. Under the CCP, evidential contracts revoking or seriously

restricting the other party’s right to provide evidence shall be void.

What is a Record?

First, the definition of “Record” shall be introduced. The CCP

defines what constitutes a “Record” as follows:

“Written or printed texts

or documents, certificates, drawings, plans, sketches, photographs, films,

visual or audio data and electronic data and other means of collection

of information, which are convenient for proving the facts related to the

dispute, are records under this Act.”

Article of September 2013