This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Davada Delil Sunmak: Delil Listesi, Tanık Bildirimi ve Süreler.
Evidence is as a rule notified with the pleadings; filing it after the preliminary examination stage is very restricted (HMK art. 145). Evidence not filed within the two-week peremptory period set at the preliminary examination hearing is treated as abandoned. The right lost most often in practice is the right to call witnesses not notified in time.
"I had the document but the court would not accept it" is among the most frequent complaints in civil litigation — and it is usually not because the document was worthless, but because it was filed late.
When Evidence Is Notified
The rule is to notify it at the pleadings stage. HMK art. 119 requires the petition to state by what evidence each asserted fact will be proved, and art. 129 imposes the same requirement on the defence.
The pleadings stage consists of four documents: petition, defence, reply and rejoinder. Once it closes, as a rule no new fact may be asserted and no new evidence notified.
Documents you hold must be attached; for those you do not hold, you must state where they are to be obtained from. The phrase "all lawful evidence" is not by itself a notification of evidence: which document is to be obtained from which institution must be stated expressly.
The Two-Week Peremptory Period
After the pleadings the court conducts a preliminary examination, examining the conditions of the action and preliminary objections, identifying the issues, and giving the parties a peremptory period to file their evidence.
In practice the court gives a two-week peremptory period at the preliminary examination hearing or in the first directions order. Within it:
- Documents not yet filed are put in the file;
- The costs and requests for documents to be obtained elsewhere are notified;
- The witness list is filed.
The essential feature of a peremptory period is that once missed it cannot be extended. The judge cannot grant it again even if minded to; a step not taken in time is treated as not taken.
Notifying Witnesses
A party relying on witness evidence must do three things, all of them within time.
First, file the list with the witnesses' full names and addresses for service (HMK art. 240). Without the list, no witness is heard.
Second, state which fact each witness is to be heard about. The statute requires it expressly; a general phrase such as "on the merits of the case" may not suffice.
Third, pay the summons and expense advance for the witnesses. Without it the court may treat that witness as abandoned.
There is a further limit: the court may be satisfied with hearing some of the witnesses named. So rather than a long list, choose the people who saw the events directly and whose evidence is concrete.
The Requirement of Proof by Deed
The second limit is the requirement of proof by deed. Under HMK art. 200, legal transactions exceeding a defined monetary threshold must be proved by a written instrument, and witnesses cannot be heard against them. The threshold is updated annually.
There are exceptions:
- A beginning of proof — a written document (a message, e-mail, transfer receipt) that does not itself prove the transaction but indicates its existence (HMK art. 202);
- The other party's express consent to witnesses being heard;
- Impossibility of obtaining a deed, or extraordinary circumstances;
- The cases listed in the statute, such as transactions between close relatives (HMK art. 203).
By contrast, in employment disputes witness evidence is used broadly: overtime and working hours are usually proved by witnesses.
| Point | Rule |
|---|---|
| Notifying evidence | In the petition and the defence |
| Evidence not in your possession | State where it is and how it is to be obtained |
| Peremptory period at the preliminary examination | 2 weeks |
| Witness list | Within that period; the right lapses if missed |
| Requirement of proof by deed | For transactions above the statutory threshold |
| Exception allowing witnesses | The other party's consent, or a beginning of proof |
| Filing evidence later | Only where the failure was without fault |
Where proof by deed is required but a beginning of proof exists — a written fragment indicating the transaction — witnesses may be heard.
Filing Evidence Late
The rule is strict but not absolute. HMK art. 145 allows a party to file evidence later where they were without fault in failing to file it in time, and the court may admit it provided the proceedings are not delayed.
What matters is proving the absence of fault: that you learned of the document only later, or that the institution you applied to replied late. "I forgot to file it" is not a reason.
Another route is amendment of the pleadings, available once before the investigation stage closes. But amendment does not as a rule revive evidence not notified in time; its function is to correct the relief sought.
Finally, for documents in the other party's hands there is a separate route: the court can be asked to order production (HMK art. 219). If production is refused without just cause, the court may accept the assertion about the document's content as true.
Writing "all lawful evidence" and leaving it there. That is not a notification of evidence. State expressly which document is to be obtained from which institution, and which witness is to be heard about which fact. The two-week period given at the preliminary examination is peremptory and cannot be extended.
Frequently Asked Questions
When is the evidence list filed?
Evidence is as a rule notified at the pleadings stage. At the preliminary examination the court usually gives a two-week peremptory period to complete it and file the witness list.
What if I miss the witness list deadline?
No witness is heard. The peremptory period cannot be extended, and a step not taken in time is treated as not taken.
Can I file evidence later?
Only evidence you were without fault in failing to file in time (HMK art. 145), and you must prove that absence of fault.
Can every assertion be proved by witnesses?
No. Transactions above the statutory threshold must be proved by deed. Witnesses may be heard where there is a beginning of proof, the other party consents, or a statutory exception applies.
How do I get a document held by the other side?
Ask the court to order its production. Refusal without just cause allows the court to accept your assertion about its content.