What Is An Evidence Detection Case And Under Which Circumstances Should It Be Filed?
Determination of evidence, which is known in the legal community and among the public as a “case for the determination of evidence”, is a kind of temporary legal protection institution that finds its source in Article 400 of our Code of Civil Procedure and its continuation, that is, in fact, the determination of evidence is not a lawsuit in the full sense. It is already heard before the magistrate law courts with a different case number. However, due to its widespread use, it is known as “discovery of evidence case”.
With the request for discovery of evidence, it is aimed to obtain evidence in order to be used in future lawsuits or lawsuits that have already been filed by those who think that they have lost their rights. Witnesses can be heard, discovery and expert evidence can be utilized for the determination of evidence, or by writing a letter to the relevant third parties, institutions and organizations, the evidence in the third parties and institutions can be brought and added to the file content.
In addition, in order to request the determination of evidence, the determination of a fact must be requested and there must be a legal benefit: Except for the cases expressly stipulated in the law, legal interest is deemed to exist in cases where there is a possibility that the evidence will be lost or significantly difficult to assert if it is not immediately determined.
Inheritance evasion through Muris collusion
Evasion of property through collusive disposal of company assets,
Destruction of the leased property,
The purchased goods are defective/damaged,
The life of a witness required to be heard in a case is in danger and needs to be heard immediately
In urgent cases such as urgent cases, it is possible to make a request for evidence determination in a way to ensure that the evidence is obtained without destruction.
