Sample Petition for Objection to Expert Report

OBJECTION LETTER TO THE EXPERT REPORT

TO THE HONORABLE JUDGE OF THE DUTY PRIMARY COMMERCIAL COURT

FILE NO: …/… E.

OBJECTING PARTY (PLAINTIFF): … (Turkish National Identity Number 12345678987, Address …) REPRESENTATIVE: Attorney Yağmur YUMLU (Bar Association Registration No. 67894, Address …) DEFENDANT: … Industry and Trade Inc. (MERSIS …, Address …) DEFENDANT'S REPRESENTATIVE: Attorney Sema YILDIZ SUBJECT OF THE CASE: Our request is for the timely submission of our objections to the expert report dated 09/10/2025 ; for the determination that the report cannot be used as the basis for the judgment ; for an additional/new report to be obtained from a three-person expert panel; and for the correction of the calculations/findings in accordance with the report .

EXPLANATIONS

1. Summary of the dispute: The CNC machine purchased from the defendant was delivered defective/contrary to the contract; the machine failed to meet the targeted tolerances and capacity; consequently, production stoppages, waste, and quality returns occurred; despite invoices being paid, a refund and compensation for lost profits are requested due to the defect. (Invoice, delivery note, technical service records, and production/revenue tables are in the file.)
2. Methodological deficiencies in the report (Articles 266, 281 of the Code of Civil Procedure):
   • The report was prepared by a single individual and attempted to resolve a dispute requiring mechanical engineering and financial analysis using a single discipline . The Supreme Court consistently accepts that in matters requiring expertise, a judgment cannot be rendered without obtaining reports from multiple expert witnesses who are qualified to provide verifiable evidence .
   • The expert did not explain the measurement method ; did not collect raw data from the field for critical parameters such as tolerance, cycle time, and line downtime ; and relied solely on the defendant's service forms. As such, the report is hypothetical, not evidence-based.
3. Exclusion of concrete data / contradiction (Article 282 of the Code of Civil Procedure):
   • The SCADA/production records and customer return reports in the file , although demonstrating the line downtime and the cost of poor quality, were not mentioned in the report .
   • The report contradicted itself by stating that the machine was "usable," while simultaneously acknowledging the need for calibration . According to the Supreme Court, a contradictory and ambiguous report cannot be used as the basis for a judgment ; rendering a decision without resolving the contradiction constitutes grounds for reversal .
4. Legal and commercial deficiencies in the calculation of damages (Turkish Code of Obligations Articles 112, 122; Turkish Commercial Code Articles 8, 18):
   • Exchange rate differences and commercial interest have not been taken into account. However, the Supreme Court accepts that exchange rate differences and advance/commercial interest should be included in the calculation of compensation in relations between merchants
   • The lost profit (lost production capacity × unit contribution profit) item was not calculated. The calculation the income statement, capacity utilization rate, and order cancellations .
   • The "user fault" argument attributed to the plaintiff is abstract and lacks the technical explanation necessary to sever the causal link
5. Procedural deficiencies (Code of Civil Procedure 281/2): The expert report was submitted to the court without our requests for a question list and additional data being provided . Therefore, the report violates the principles of equality of arms and adversarial proceedings

LEGAL GROUNDS

Turkish Code of Civil Procedure Articles 27, 266–287; Turkish Code of Obligations Articles 112, 122, 227 et seq.; Turkish Commercial Code Articles 4, 8, 18; relevant secondary legislation and established case law of the Court of Cassation (suitability for audit, expertise, consistent report; consideration of exchange rate differences, commercial interest, lost profits) and other relevant legislation.

EVIDENCE

The contract, offer/invoice/delivery note, email correspondence, SCADA/production and fault records, customer return/service records, independent calibration/survey reports, commercial ledgers and records, new expert examination, witness testimonies, and all other legal evidence.

RESULTS AND DEMAND

For the reasons explained above;

1. With the acceptance of our objections to the expert report dated 09/10/2025 , we request that the report not be used as the basis for the judgment .
2. Including mechanical engineering, industrial engineering, and financial analysis a board of experts with at least three members to create; the report
   • (i) technical determination of the defect,
   • (ii) Lost profit calculation (lost capacity × contribution profit),
   • (iii) total loss including exchange rate difference and commercial interest ,
   • (iv) to be revised in a way that is suitable for auditing under the headings of causality and fault ratio ,
     
3. We request that you give us time to submit a new list of questions
4. The court costs and attorney's fees shall be borne by the defendant

We respectfully request a decision. 13/10/2025

Objecting Plaintiff's Attorney
, Yağmur YUMLU
(e-signature)

APPENDICES:

1. 1) SCADA/production data summary, 2) Customer return records, 3) Independent calibration report, 4) Sample invoices/delivery notes, 5) Questionnaire