CCP ARTICLE 402
(1) The request for determination of evidence shall be made by petition. The petition shall include the facts to be determined, 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 determination of evidence is requested. 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 proceedings shall not be carried out unless the costs of determination 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 other 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 other party ex officio.
JUSTIFICATION OF ARTICLE 402 OF THE CPC
In this article, which corresponds to the regulation in Article 371 of the Law No. 1086, the procedure regarding the determination of evidence is set forth 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 in advance from the claimant at the beginning, any hesitation that may arise in this regard has been eliminated.
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