ERDEM-NEWSLETTER-2018-metin
273 LAW OF CIVIL PROCEDURE the CCP even allows the expert who gives the opinion to be summoned to the hearing and questioned, although this continues to exist in our judicial system as a method that is almost never resorted to. Neverthe- less, the expert must be considered according to the clear provision of law, and in the event it is ruled that the expert is not to be heard, this decision must be justified 5 . In conclusion, in the event that the present expert report in the file and the expert opinion submitted by one of the parties are contradic- tory, or contain opposing opinions, the court should form a new expert committee in order to eliminate the conflict between the expert report and expert opinion and, thus, finalize the judgment by thoroughly ex- amining the claims and defenses of the parties, in a manner that makes it eligible for Supreme Court review. 5 Pekcanıtez, Hakan; Atalay, Oğuz; Özekes, Muhammet : Medeni Usul Hukuku, 14th ed., p. 799-800.
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