The witness is called by invitation. However, the witness who is present by the parties before the invitation is sent is also heard. In so far, in cases where a definite time is given for the witness list and the rest day is determined, even if the list is not given, if the party presents them at that hearing, the witnesses will be heard.
In addition, with the current HMK amendment, all evidence must be submitted to the court until the preliminary examination. If you overlook this, it will change the course of the case, be careful. Without a preliminary examination, the possibility of a settlement will not be known. In terms of the witness list, "imposing the witnesses" before the dispute becomes clear before the court is contrary to the purpose of reaching the material truth in the trial. We believe that the Supreme Court will resolve this inconsistency… In practice, let's say one of the parties presented X and Y witnesses; the other party sees these names and perceives the situation personally and increases the number of witnesses, thus completely avoiding the possibility of a settlement. Especially lawyer colleagues have experienced this situation many times. Let's leave the criticism of the law aside and move on to the witness list submission petitions:
Witness List Submission Petition -1-
TO ADANA X BUSINESS COURT
FILE NUMBER :
PLAINTIFF :
DEPUTY : Lawyer Saim İNCEKAŞ- Turhan Cemal Beriker Boulevard, Ziya Algan Business Center No: 9 K: 5 D: 41, 01010 Seyhan / ADANA
-
SUBJECT: It is about notifying our witnesses within the scope of file number X in your court and presenting the matters to be heard as required by HMK.
Witnesses:
1-).The witness X served as the opening-cutting coordinator at the time when the plaintiff worked in the client company. Witness X's wages paid to the defendant, the date the defendant started to work, and how long the trial lasted, whether the defendant left the job, and whether he abided by the notice of departure, etc. We demand that you listen.
CASE OF THE CASE
Petition to Submit the Witness List to the Court -2-
ADANA AĞIR PENALTY COURT
FILE NUMBER : 2019/1
ACCUSED :
Defender : Av.
the Sender :
SUBJECT : It is the presentation of our witness list.
DESCRIPTIONS :
In the session dated 16.04.2019, we were given a 4-day period to notify witness X in accordance with the interim decision number 10. The address of the witness X, who is concerned, is submitted to your court.
1- X
In accordance with the interim decision number 4 dated X, the address of the witness X is submitted to your court.
Acting Attorney
Att. Saim Incekas
Witness List Petition -3-
TO THE ADANA COURT
| FILE MATERIAL NO: | |
| EVIDENCE AND WITNESS LIST Presented by : |
|
| ATTORNEY: | |
| PLAINTIFF : | |
| SUBJECT : | Submission of Evidence and Witness List |
| CRIME : | Opposition to Trademark Law |
| VALUE | . |
| DESCRIPTIONS : |
- We have been given time to inform us of the evidences by the court decision given in the court case and the ongoing hearing.
- In this context, we present our evidence and witness list. With the acceptance of our evidence, we demand that the witnesses be heard and that the evidence is requested from the relevant department and institution.
OUR EVIDENCE:
1-Witness statements
2-Turkish Patent Institute records
3- ………. Industry and Trade Chamber registrations
4- ……… Tax Office Records
5-Expert review
Our WITNESS:
LEGAL REASONS: CMK. Art. 177 and related legislation.
REQUEST RESULTS: With respect to the attorney on behalf of the attorney, I offer and request that the witnesses be decided to be heard upon the acceptance of our evidence list.
Acting Attorney
Family Court Witness List Petition -4-
ADANA () TO THE FAMILY COURT
File No: 2016 / ……. Basis
Plaintiff:
Deputies: Av.
Topic : It is the notification of our witnesses.
Descriptions :
Although our petition and evidence have been notified, the names and addresses of the witnesses listed among our evidences are presented to the Court below.
Our witness :
1.
(Witnesses, where our client fulfills his obligations as a husband in marriage, approaches his wife with love, respect and loyalty, his wife always fulfills all his financial desires, but in response, the defendant's sexual obligation and the union of marriage imposes on him (cleaning, food, femininity, etc.). we do not fulfill any responsibility and we want to play in other matters stated in our petitions.)
Respectfully submitted to the court.
Acting Attorney
Witness List Submission Petition -5-
ADANA () CIVIL COURT OF FIRST INSTANCE
ON THE NAME OF THE INDEX
ESSENTIAL NO:
Claimant:
ADDRESS:
DEFENDANT:
ADDRESS:
SUBJECT: Our Witness List.
OUR WITNESS
1-
Name and surname :
Address:
What
He will testify:
2-
Name and surname :
Address:
What is the Testimony?
It will do:
3-
Name and surname :
Address:
What is the Testimony?
It will do:
Our respect…
PLAINTIFF
(Name, Surname and Signature)
Lawyer Saim İNCEKAŞ - Adana Law Office and Law Office
Witness List Feature
What Happens If No Witnesses Are Notified to the Court?
If the witness is not reported, your case will be rejected because there is no evidence to prove your claim.
Hello, I have a divorce case, the other side is removing some witnesses who are on the list of two courts.
Hello, I have a case in Istanbul 61st court of first instance. The 1st hearing took place, but since I had no knowledge, there was no witness in the first hearing. Could you please inform me, do you have an example of how I can write as a witness for the other court, or will they help me directly if I go to the courthouse?