PETITION REQUESTING THE COLLECTION OF EVIDENCE
TO THE TURKISH REPUBLIC …………… PRIMARY COURT (LAW/COMMERCIAL/FAMILY/LABOR)
CASE NO: …/… E. – (if any) …/… K.
PLAINTIFF: …………… (Turkish Republic: …) – Address: ……………
REPRESENTATIVE: Attorney …………… (Bar Association Registration No: …) – Address: ……………
DEFENDANT: …………… (Turkish Republic: …) – Address: ……………
SUBJECT: We request that the evidence mentioned in our previous petitions be collected by your court , that letters be sent to relevant institutions and third parties , and that expert opinions/on-site inspections be conducted if necessary .
EXPLANATIONS
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Summary of the Dispute: The dispute between the parties is …………… (hereinafter referred to as the subject of the dispute). It is mandatory for all evidence presented by our side to be included in the file in order to establish the burden of proof and clarify the material facts .
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Necessity of Gathering Evidence: According to Articles 27 (right to a fair hearing), 31 (judge's duty to clarify the case), and 219 et seq. (submission of documents) of the Code of Civil Procedure, information/documents held by non-party institutions and third parties can only be obtained through a written request from your court . According to established practice, courts evaluate requests for evidence gathering within the framework of the principle of proportionality to ensure the effective exercise of the right to prove one's case .
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List of Specific Evidence and Collection Procedure: The original/sample copies of the evidence listed below must be submitted to the file; a reasonable legal period must be given for a response , and in case of no response/failure to submit , an evaluation must be made in accordance with Articles 220-221 of the Code of Civil Procedure :
A) Official Institution Records (by Memorandum):
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SGK (Social Security Institution): Service record , wage statement, and workplace records of the defendant/plaintiff for the period of …/…/20…–…/…/20…
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Turkish Revenue Administration : Summary/VAT/Income Tax declarations for the period …/…/20…–…/…/20… (with limited scope regarding identity and trade secrets).
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Population Registry Office: Family registration certificate (if applicable).
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Land Registry Office : Title deed records and encumbrances (if applicable) for the properties registered in the name of the defendant, located at … island … parcel
B) Bank/E-Money Institution (with Court Order):
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Account statements , descriptions, and receipt examples for accounts with IBAN number …/…/20…–…/…/20… at … Bank. (Note: Personal data is only requested in relation to the dispute.)
C) Documents Held by Private Individuals/Companies (Article 219 of the Code of Civil Procedure):
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The defendant employer, … Ltd. Şti., provided payrolls , time sheets, signed delivery/receipt records, and shipping documents dated …/…/20…–…/…/20…
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Camera recordings (original/raw format if possible) from the management of … Site / … Shopping Mall regarding the incident dated …/…/20…
D) Expert Witness – On-Site Inspection (Code of Civil Procedure, Articles 266 et seq.):
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For the technical aspects of the parties' claims and defenses , expert examination in the relevant field; an on-site inspection and obtaining a report if necessary.
E) Witness (Code of Civil Procedure, Articles 240 et seq.):
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Witnesses: 1) … Turkish Republic Identity Number: …, Address: … 2) … Turkish Republic Identity Number: …, Address: … (we request their testimony).
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Procedural Economy and Proportionality:
The requested information and documents directly impact , are limited in scope , and are requested within specific timeframes. This ensures both the protection of personal data security and procedural efficiency.
LEGAL REASONS
Article 36 of the Constitution; Articles 27, 31, 189, 190, 219–221, 240 et seq., 266 et seq. of the Code of Civil Procedure and other relevant legislation.
EVIDENCE
Legal evidence includes party petitions, institutional records, bank statements, workplace documents, camera recordings, expert examination, on-site inspection, witness testimonies, and other legal evidence.
CONCLUSION AND REQUEST
For the reasons explained above;
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The evidence listed individually under headings A-E above shall be requested by your court's warrants , and the relevant institutions/individuals shall be given a period of … days .
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The bank and third parties shall be warned in writing that action will be taken in accordance with Articles 220-221 of the Code of Civil Procedure if the documents are not presented
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Appointment of experts in the appropriate field of expertise and, if necessary, conducting an on-site investigation
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our witnesses be heard in court.
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We request a grace period of … days so that we can deposit the necessary advance payment for expenses .
We respectfully request and demand that a decision be made. …/…/20…
Plaintiff/Defendant's Attorney
, …………… (Signature)
APPENDICES:
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List of evidence (summary table)
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Draft memorandums (institution-based)
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Copy of power of attorney
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Known references for the requested documents (account number, date range, etc.)
SHORT ADDITIONAL TEMPLATE (CRIMINAL PROCEDURE – CMK)
TO THE TURKISH REPUBLIC ……… HIGH CRIMINAL COURT/PRIOR CRIMINAL COURT
CASE NO: …/… E.
DEFENDANT/PLAINTIFF: …………
SUBJECT: Our request for the collection and procurement of evidence from institutions in accordance with Articles 160, 170, 206, and 217 of the Code of Criminal Procedure.
Explanations:
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To shed light on the incident, the following are necessary: ... Bank account statements, base station HTS (limited only to the time period of the incident), ... Municipality/Shopping Mall camera recordings, forensic examination/ATK report, and witness testimonies.
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In accordance with the principle of proportionality regarding personal data, only the date and time ranges of the events are requested.
Request:
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Account transactions from … Bank between …/…/20… and …/…/20… hours ;
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... HTS records from the GSM operator for the same period ;
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... Camera footage;
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Forensic expert examination and hearing of witnesses;
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Writing the necessary memoranda.
Legal Basis: Code of Criminal Procedure and related legislation.
Result: We request that our request be accepted. …/…/20… — Attorney ………
