CCP ARTICLE 402
(1) The request for discovery of evidence shall be made by petition. The petition shall include the facts to be established, the questions to be asked to the witnesses or experts, the reasons arousing the suspicion that the evidence will be lost or difficulties will be encountered in the presentation of the evidence, and the name, surname and address of the person against whom the evidence is to be established. If the person requesting discovery is unable to show the person against whom discovery is requested due to the circumstances and conditions not allowing it, the request shall be deemed valid.
(2) Subsequent actions shall not be taken unless the costs of discovery determined by the court are paid in advance.
(3) If the request for discovery is justified by the court, the decision shall be notified to the other party together with the petition. The decision shall also state how and when the discovery of evidence will be made, that the opposing party may be present during the execution of the discovery, and that objections and additional questions, if any, should be notified within one week.
(4) (Addition: 22/7/2020-7251/44 Art.) After the determination is made, a copy of the determination report and the expert report, if any, shall be served by the court to the opposing party ex officio.
JUSTIFICATION OF ARTICLE 402 OF THE CPC
This article, which corresponds to the Article 371 of the Law No. 1086, sets forth the procedure for the determination of evidence more clearly. In the meantime, by introducing the principle that the expenses required for the determination of the evidence and the notification to the other party shall be taken from the claimant in advance, any hesitations that may arise in this regard have been eliminated.
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