This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Tanık Nasıl Gösterilir? Liste, Davet ve Dinlenme.
If the list of witnesses is not filed within the peremptory period the court sets, the right to call witnesses is lost (Article 240 of the Code of Civil Procedure). The list must give each witness's name and address and the fact they are to speak to. And if the summons costs are not paid into court, the witness is never called — which comes to the same thing.
Witness evidence is among the most used forms of proof in Turkish proceedings. But there are rules about calling witnesses, and failing to follow them can mean your strongest witness is never heard.
This article covers how the list is filed, who may refuse to give evidence, and how to make witness evidence carry weight.
When the List of Witnesses Is Filed
Under Article 240 the list gives the witnesses' names, addresses suitable for service, and the fact each is to be heard about.
That last element is usually the one that is missed: what each witness will speak to must be written separately. A list in general terms may be treated as defective.
The court sets a peremptory period for the list. If it is not filed within that period, the right to call witnesses is treated as waived.
Nor can a second list be filed — so leave nothing out of the first.
The court may also be satisfied with hearing only some of the witnesses named (Article 241): where the fact is sufficiently established by some of those listed for it, it may decide not to hear the rest. So put your best witnesses first.
Who May Refuse to Give Evidence?
Everyone is under a duty to give evidence, but the Code allows a refusal in defined cases.
Personal grounds (Art. 248): a party's fiancé or fiancée, their spouse even where the marriage has ended, their own or their spouse's descendants and ascendants, blood and affinal relatives up to and including the third degree even where the marriage creating the affinity has ended, and those connected by adoption, may refuse.
Confidentiality (Arts. 249–250): a refusal may be made as to information that must be kept secret by law, and information that is confidential by reason of a profession or occupation. Lawyers, doctors and similar professionals fall within this.
Risk of harm to one's interests (Art. 251): a refusal may be made where the witness or their relatives would suffer direct financial loss, where their honour or reputation would be injured, or where the answer would expose them to a criminal investigation.
A witness who refuses without a ground for doing so faces a sanction.
| Ground | Provision |
|---|---|
| A party's spouse, descendants or ascendants | Art. 248 |
| Affinal relatives of a party | Art. 248 |
| Professional confidence (lawyer, doctor, notary) | Art. 249 |
| Questions exposing the witness or their relatives to criminal liability | Art. 251 |
| Disclosure of a trade or professional secret | Art. 249 |
A witness entitled to refuse may still give evidence if they wish: the right is an option given to the witness, not an obligation.
If the Witness Does Not Attend
Where a properly summoned witness fails to attend without an excuse, the court may under Article 245 order that they be brought by force, order them to pay the costs their absence has caused, and impose a disciplinary fine.
In practice this is one of the great causes of delay: each absent witness means another hearing date.
So two things matter: give current and correct addresses, and tell your witnesses the hearing date in advance.
The witness's fee and expenses are borne by the party calling them, out of the advance on costs paid into court. If it is not paid, no summons is issued.
Where a witness is elsewhere, they may be heard by the court there through letters of request; attendance at the hearing by audio and video link is also possible under Article 149.
Making Witness Evidence Carry Weight
What increases the value of a witness's evidence:
- Having seen the event directly. Evidence of what a witness was told by someone else is weak.
- Being able to give a date and a place. Not “it happened often” but “in March 2025, in the store room at the workplace”.
- Being supported by a document. Where a record confirms what the witness describes, put both in.
- Appearing independent. Evidence from close relatives is admissible but weighed more carefully. Name third parties as well where you can.
You have the right to put questions to the other side's witnesses, through the judge. Prepare the questions that will expose inconsistencies before the hearing.
One last point: telling a witness what to say may amount to the offence of inciting false testimony. Tell the witness only what subject they will be asked about; describing what they know is enough.
The list of witnesses must be filed within the peremptory period, and no second list may be filed afterwards. Write separately what fact each witness will speak to, give current addresses, and pay the advance on costs — otherwise no summons is issued.
Frequently Asked Questions
How is the list of witnesses filed?
With each witness's name, an address suitable for service, and the fact they are to be heard about — within the peremptory period the court sets.
Can I add a witness later?
No. A second list cannot be filed, so the first must be complete.
Who may refuse to give evidence?
A party's fiancé(e), spouse, descendants and ascendants, blood and affinal relatives to the third degree and those connected by adoption; also professionals bound by confidence, and those whose interests would be harmed.
What if a witness does not attend?
The court may order them to be brought by force, order them to pay the costs caused, and impose a disciplinary fine.
Can a relative give evidence for me?
Yes. Evidence from relatives is admissible, but it is weighed more carefully — so name independent witnesses as well where you can.