Expert opinion on the Law of Civil Procedure

Expert opinion, which has positive functionality with the Code of Civil Procedure Article 293 in private law proceedings, is the opinion received by the parties on a private, technical or legal issue from an expert on the subject of the case. The parties may present expert opinions to the court at any stage of the trial, provided that they do not violate the prohibition of expanding or changing the claim and defense. The court is obliged to take into account and evaluate this opinion, which is a written party declaration. Failure to evaluate the expert opinion by the court means a violation of the right to be heard. However, if the expert does not attend the hearing to which he is invited without a valid excuse, his prepared opinion will not be evaluated by the court. The court freely evaluates the expert opinion. However, it cannot make a judgment based solely on expert opinion. In addition, if there is a conflict between the expert opinions submitted to the file by both parties to the trial, the court must resolve this contradiction with the expert report it receives. If there is a conflict between the expert opinion and the expert report, what the court must do is to follow a step-by-step procedure and first obtain an additional report from the expert or ask the expert to make oral statements. On the day the expert will be heard, the expert can also be called and heard at the same hearing. However, if the contradiction cannot be resolved despite obtaining an additional expert report and hearing the expert, the judge must obtain a new expert report as a last resort, in accordance with his duty to clarify the case.