ERDEM-NEWSLETTER-2018-metin

Opinion of the Court of Cassation on the Contention of Expert Opinion and Expert Report* Att. Alper Uzun “Expert Opinion” in Short The notion of Expert Opinion, which entered into our law through the Code of Civil Procedure (“CCP”), has been a frequently resorted to method of helping to resolve disputes by the parties in our judicial system over the course of time. Expert opinion, which is the reflection of the Anglo-Saxon Law concepts, “party expert” or “expert witness” in our legal system, is defined in Article 293 of the CCP: 1) The parties may obtain scientific opinion from an expert in relation to the subject of the case. Extra time cannot be requ- ested solely based on this purpose. 2) The judge may decide, upon receipt of the request, or ex officio, to call the expert who has prepared the report to the hearing, and to listen to him/her. The judge and the parties may ask pertinent questions when the expert is called. 3) If the expert does not appear at the hearing without a valid reason, the report that he/she has prepared shall not be evalu- ated by the court. For more detailed information on this topic, you can review our article called, “An Important Innovation Brought by the New Civil Procedure Law: Expert Opinion” 1 . * Article of April 2018 1 An Important Innovation Brought by the New Civil Procedure Law: Expert Opin- ion, Erdem & Erdem Newsletter, May, 2011, http://www.erdem-erdem.av.tr/pub- lications/law-post/an-important-innovation-brought-by-the-new-civil-procedure- law-expert-opinion/ (Access date: April 2018).