Petition for Recusal of Expert Witness

TO THE ISTANBUL ... PRIMARY CIVIL COURT

FILE NO: 2023/….

REJECTION OF THE EXPERT WITNESS

PLAINTIFF REQUESTING: Name and Surname-(Turkish Republic Identity Number)-Address

ATTORNEY: Lawyer's Name and Surname - Address - Telephone Number

DEFENDANT: Name and Surname - Address

SUBJECT OF REQUEST: Objection to the expert opinion

EXPLANATIONS:

1- I have learned that, in the case being heard in your court, an interim decision was made on …/…/… to order an expert examination, and accountant … was appointed as the expert. When I applied to the court clerk to pay the expert fee, I heard and witnessed that accountant … expressed his personal opinions to the opposing party's lawyer, stating that they would be the winning party.

2- The appointment of this person as an expert witness in this case has raised suspicions that he/she may not be able to remain impartial as an expert witness. However , Article 36 of the Third Section of the Code of Civil Procedure No. 6100, which regulates "The Disqualification and Recusal:  of Judges from Hearing Cases, " states

Reasons for rejection

ARTICLE 36- (1) If there is a significant reason that casts doubt on the impartiality of the judge

If this is the case, either party may request the judge's recusal, or the judge may recuse himself.

In particular, the existence of grounds for the recusal of a judge is accepted in the following cases:

1. a) Having given advice or guidance to one of the parties in the case.
2. b) In a case, giving an opinion to one of the parties or a third party when not legally required to do so

that he explained it.

1. c) Those who have been heard as witnesses or expert witnesses in the case, or who have acted as judges or arbitrators

that he had done so.

c) The case must involve relatives by blood up to and including the fourth degree.

272. d) If, during the trial, one of the parties has a lawsuit against the other or there is animosity between them. This is regulated in Article 272 of the same Law, which regulates the institution of "Prohibition and rejection of the expert witness from performing their duties." Accordingly;

"The expert's prohibition from performing his/her duties and refusal."

ARTICLE 272 – (1) The rules regarding disqualification and grounds for recusal of judges also apply to expert witnesses. However, the fact that an expert witness has previously been heard as a witness in the same case or matter does not constitute a ground for recusal.

(2) If one of the grounds for disqualification of judges occurs in the person of the expert, the court may dismiss the expert at any time until a judgment is given, and the expert may also request dismissal from the court.

(3) If one of the grounds for recusal occurs in the person of the expert, the parties may request the recusal of the expert, and the expert may also recuse himself. The request for recusal or the expert's recusal must be made within one week at the latest from the date of learning of the ground for recusal. An oath cannot be offered to prove the grounds for recusal.

(4) Requests for dismissal, rejection, and the expert's own refusal are examined and decided upon by the court that appointed the expert, based on the file. Decisions regarding acceptance are final. Appeals against decisions regarding rejection can only be made together with the decision on the merits. ”

In accordance with the aforementioned legal provisions, the disqualification and grounds for recusal applicable to judges also apply to expert witnesses. Therefore, based on the conversations I overheard of this expert assigned to our case, I have doubts about the impartiality of the investigation. Consequently, it has become necessary to request the appointment of a new expert witness.

LEGAL GROUNDS: Code of Civil Procedure, Articles 36 and 272 and related legislation.

CONCLUSION AND REQUEST: For the reasons briefly explained above, I respectfully request and demand, as the plaintiff's attorney, that your court accept my objection to the expert appointed by you, appoint a new expert, and order a report from this new expert.

…/…/…

Name and Surname of the Plaintiff's Attorney Requesting the Rejection of the Expert Witness Signature

(Prepared by: Student Intern Simay ŞİRİN)