CCP ARTICLE 400
(1) Each party may request discovery, expert examination or taking witness statements in order to determine a fact that has not yet been examined in a pending lawsuit or a fact to be asserted in a future lawsuit.
(2) In order to request discovery of evidence, there must be a legal interest. Except for the cases expressly stipulated in the law, legal interest shall be deemed to exist if it is probable that the evidence will be lost or significantly difficult to assert if it is not immediately determined.
JUSTIFICATION OF ARTICLE 400 OF THE CPC
Since the provisions of Articles 368 and 369 of the Law No. 1086 are related to the cases where the determination of evidence can be requested, the provisions of both articles are met here in a single article and in two separate paragraphs. This provision does not differ from the former provision in essence. Thus, in cases where the evidence will be lost or will be more difficult to be collected in the future if it is not determined immediately, in order to protect the legal interest, it is stipulated to collect the evidence in advance.
You can access our other article examples and petition examples by clicking