An expert is a person whose opinion the court seeks on matters whose resolution requires expertise or special or technical knowledge. The selection of the expert who will prepare a specialist report directly determines the quality of the report and its effect before the court.
Who is an expert?
Under HMK Art. 266, the court may refer to an expert on matters whose resolution requires expertise. The expert provides the court with a technical opinion but may not make a legal assessment. Likewise, persons preparing a specialist opinion under HMK Art. 293 must also have experience as an expert.
Selection criteria
The main criteria to consider when selecting the expert who will prepare a specialist report:
| Criterion | Description |
|---|---|
| Education and certification | Undergraduate/graduate education in the relevant field, professional certificates |
| Basic expert training | Ministry of Justice approved Basic Expert Training certificate |
| Court experience | Having served as an expert in the relevant courts |
| Scientific publications | Articles, books and theses published in the field |
| Professional experience | How long the person has worked in the relevant field |
| Impartiality | No conflict of interest with the parties |
| References | The quality of reports previously prepared |
Tip
It is critically important that the expert selected for a specialist report has served as an expert in the same field as the subject of the case. For example, an actuarial expert should be selected for an actuarial calculation and a labor law expert for labor law.
Expert lists
In Türkiye, expert lists are kept in several sources:
- Ministry of Justice Department of Expert Services: Official expert lists.
- Provincial Judicial Justice Commissions: Lists by province.
- Universities: Academic expert lists.
- Professional Chambers: Bar associations, SMMM Chambers, Chambers of Engineers.
- Independent specialist organizations: Specialist platforms such as Tazminat.com.
Impartiality and challenge
The expert must not have a conflict of interest with the parties. Under HMK Art. 272, a judge who doubts the expert's impartiality may request the expert's challenge. Likewise, the parties may also challenge the expert.
Situations requiring challenge:
- A family relationship between the expert and one of the parties
- A business relationship between the expert and one of the parties
- A financial relationship between the expert and one of the parties
- The expert having been opposed to one of the parties in previous cases
- The expert being biased in favor of one of the parties
Attention
An expert preparing a specialist report must not prepare an opinion that defends the interests of only one party. On the contrary, the expert must present all technical data impartially and assist the court.
Is the expert report binding?
No. Under HMK Art. 266 et seq., the expert report does not bind the judge. The judge freely assesses the report and may accept or reject it by stating the reasoning.
However, the judge may not disregard the expert report without stating the reasoning. Otherwise, the decision may be reversed. This also applies to a specialist opinion under HMK Art. 293.
Requesting an expert for a specialist report
Obtain a signed report from an expert specialized in the field. It can be submitted to the court and can be objected to.
Request an expertFrequently asked questions about selecting an expert
What should be considered when selecting an expert?
The expert's certification in the relevant field, experience as a court expert, scientific publications and impartiality should be taken into account. The quality of reports previously prepared is also important.
Where can an expert list be obtained?
Expert lists are kept by the Ministry of Justice Department of Expert Services and updated by provincial judicial justice commissions. Universities and professional chambers also keep expert lists.
How is an expert's impartiality assessed?
The expert must not have a conflict of interest with the parties. A judge who doubts the expert's impartiality may request the expert's challenge (HMK Art. 272).
Is the expert report binding?
No. The expert report does not bind the judge. The judge freely assesses the report and may accept or reject it by stating the reasoning (HMK Art. 266 et seq.).
How many experts are needed for a specialist report?
As a rule, one expert is sufficient for a specialist opinion under HMK Art. 293. However, depending on the complexity of the matter, more than one expert may also be appointed.