Taking Evidence Abroad for Turkish Civil Cases: 1970 Hague Evidence Convention

1. Foreign evidence should be identified before the Turkish court reaches the proof stage

International disputes often depend on evidence physically or legally controlled outside Türkiye: a witness living abroad, a foreign company’s records, foreign civil-status documents, bank material, medical files or another record held by a public authority.

The first question is whether the evidence can be obtained voluntarily and lawfully. If not, a Turkish court may need formal international judicial assistance. Counsel should identify the country, custodian, exact document or witness and relevance before asking the court to issue a foreign evidence request.

A vague statement that “all records in Germany should be obtained” is weaker than a request identifying the institution, date range, transaction and factual issue to be proven.

2. The 1970 Hague Evidence Convention applies to civil or commercial matters between participating states

The Convention creates an international mechanism for judicial authorities in one Contracting State to request evidence in another Contracting State for use in civil or commercial proceedings. Türkiye is a Contracting Party.

The Convention does not automatically govern criminal investigations, and it should not be assumed to apply when the requested country is not bound by it in relation to Türkiye. The HCCH status table and each state’s declarations should be checked for the relevant date.

The character of the Turkish proceeding and the evidence requested must fit the Convention route. A tax, criminal or purely administrative investigation may require a different international-assistance instrument.

3. The Turkish court can issue a formal Letter of Request

Chapter I of the Convention is built around the Letter of Request. The Turkish judicial authority asks the competent authority in the requested state to take evidence or perform another judicial act.

The request is a court-to-authority instrument, not simply a lawyer’s demand letter. Counsel prepares the factual and evidentiary basis, but the Turkish court determines whether the foreign evidence is relevant and whether an international request should issue.

The requested act must be intended for use in judicial proceedings commenced or contemplated within the Convention’s requirements. The request should not be used to outsource unrelated investigation.

4. A Letter of Request must be specific enough for the foreign authority to execute

The Convention requires core information including the requesting authority, requested authority where known, names and addresses of parties and representatives, nature of the proceedings, and evidence to be obtained or judicial act to be performed.

For witness evidence, the request should identify the person and the questions or subject matter. For document evidence, it should identify the document or category with enough precision for the foreign authority to understand what must be produced.

Turkish pleadings should explain relevance. International judicial assistance is more effective where the requested state can see exactly how the evidence relates to a disputed issue.

5. A witness abroad can be examined through the requested state’s process

If a material witness cannot or will not travel to Türkiye, the court may seek examination abroad through a Letter of Request where the Convention applies. The foreign authority takes the evidence under its procedural framework.

The Turkish court should formulate the subject of examination and, where appropriate, specific questions. Parties should identify translation needs, possible privilege issues and whether representatives seek permission to attend or participate under the requested state’s rules.

A witness’s foreign residence does not make the testimony irrelevant. The challenge is procedural: obtaining the evidence through a lawful method that can enter the Turkish court record.

6. Document requests should be targeted and compatible with the requested state’s rules

Foreign document production can be more restrictive than broad discovery familiar in some legal systems. The Convention itself and each state’s declarations must be reviewed before drafting a production request.

Article 23 permits Contracting States to declare that they will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common-law countries. A Turkish request should therefore be linked to concrete litigation issues and framed with the requested state’s position in mind.

Identify the custodian, document type, relevant date and purpose. Overbroad requests are more likely to create delay or refusal.

7. The requested authority generally uses its own procedural law

The Convention provides that the authority executing a Letter of Request applies its own law to the methods and procedures followed. The Turkish court cannot assume that foreign witness examination will look exactly like a Turkish hearing.

Local rules on oath, production, confidentiality, privilege and compulsion may therefore shape the evidence obtained. Counsel should research the requested state’s Convention profile before promising a particular procedure to the client.

The evidence returned to the Turkish court should be preserved with the execution record so that authenticity and procedural history remain clear.

8. A special procedure can be requested if the requested state permits it

The Convention allows the requesting authority to ask for a special method or procedure. The requested authority follows that method unless it is incompatible with its internal law or impossible because of local practice or practical difficulty.

This mechanism can be useful where the Turkish court needs a particular oath, format of questioning or record. The special method must be described clearly in the Letter of Request.

A request should not demand a procedure prohibited in the requested state. Compatibility should be checked in advance to avoid months of delay.

9. Compulsion and privilege are governed by Convention and requested-state rules

The requested authority applies appropriate compulsion measures in the same manner and to the same extent as for its own domestic proceedings, subject to the Convention framework.

A person may also invoke a privilege or duty to refuse evidence recognised under the applicable Convention provisions. Cross-border evidence planning should therefore identify possible legal-professional privilege, banking confidentiality or other protected interests before the request is sent.

The fact that a Turkish court considers the evidence relevant does not automatically eliminate a lawful foreign privilege.

10. The request and supporting documents must satisfy language requirements

Each Contracting State can specify the language it accepts for Letters of Request. A Turkish court request may therefore require translation into the requested state’s accepted language under that state’s Convention declaration.

Translation should be legally precise. Names, dates, company identifiers, account numbers and document categories must remain consistent across the Turkish original and foreign-language request.

Foreign evidence returned to the Turkish case will also need an acceptable Turkish translation before the court can evaluate its substantive content.

11. Remote or video evidence requires a country-specific legal check

Modern proceedings increasingly use video technology, but counsel should not assume that a Turkish court can simply summon any foreign witness into an online hearing without considering the foreign state’s sovereignty and procedural rules.

The HCCH Evidence Convention framework and the requested state’s declarations or practice can support certain remote evidence arrangements. The legally correct channel depends on the country and the requested method.

Where voluntary remote participation is lawful and accepted by the Turkish court, it can reduce cost. Where compulsory evidence is needed, formal judicial assistance may still be required.

12. Evidence held by a non-party abroad often requires formal assistance

A Turkish lawsuit cannot assume direct coercive power over every foreign bank, employer, hospital or company that is not a party to the case. The institution is located under another state’s legal authority.

A Letter of Request can provide the lawful bridge where the Convention applies and the requested evidence can be compelled under the foreign system. Counsel should identify the precise legal entity holding the record.

Voluntary disclosure may also be possible, but privacy, banking and data-protection laws in the foreign state must be respected.

13. Evidence in a non-Contracting State requires another legal basis

If the foreign country is not bound by the 1970 Hague Evidence Convention in relation to Türkiye, the case does not end. Bilateral treaties, reciprocity, diplomatic judicial assistance or other international arrangements may provide a route.

The Turkish Ministry of Justice’s international judicial-cooperation materials should be checked for country-specific procedures. The request format, translation, fees and transmission channel can differ.

Do not prepare a Hague Convention request first and discover later that the destination state is outside the Convention relationship.

14. International evidence requests should be started early

Foreign judicial assistance takes additional procedural steps: preparation, court approval, translation, transmission, foreign execution and return of the evidence. A request sent near the end of the Turkish evidentiary timetable creates avoidable risk.

Counsel should identify foreign evidence in the first case-management phase and explain why it is material. If the court sets a deadline for evidence submission, a timely formal request helps show that the party acted diligently.

Parties should also update the court if the witness moves or the document custodian changes while the request is pending.

15. Practical checklist for overseas evidence in a Turkish case

Identify the foreign state; confirm Convention status; identify the witness or custodian; define the disputed issue; draft precise questions or document categories; verify the requested state’s declarations; determine language and translation requirements; and ask the Turkish court to issue the appropriate request.

Preserve official returned evidence, execution certificates and translations. If foreign law itself must be established, that is a separate MÖHUK Article 2 issue; see How Turkish Courts Apply Foreign Law.

For service of Turkish documents abroad, use the separate Turkish Court Documents Served Abroad guide. Bakırci & Keskin Law Office has one physical office in Mersin and coordinates international civil litigation throughout Türkiye from Mersin.

Conclusion

Taking evidence abroad for a Turkish civil or commercial case requires a lawful international-assistance route. Between Contracting States, the 1970 Hague Evidence Convention permits a Turkish court to issue a Letter of Request for witness testimony, documents or another judicial act. The request must be precise, the requested state generally applies its own procedural law, and country declarations on language, discovery and method must be checked. Foreign evidence should be identified early so that translation and international transmission do not undermine the Turkish court’s evidentiary timetable.