IS EMAIL CONSIDERED AS EVIDENCE? 17 September 2021
IS EMAIL CONSIDERED AS EVIDENCE?
1. WHAT IS EVIDENCE?
According to the widest definition, evidence is a track or indication which leads someone to the truth that searched for.
2. TYPES OF EVIDENCE
The Code of Civil Procedure No. 6100 (“CCP”) defines the evidence within the framework of the concept of documents. According to the relevant article of the law: "Data such as written or printed text, promissory notes, drawings, plans, sketches, photographs, films, images or sound recordings, data in electronic media and similar information carriers that are suitable for proving the facts of the dispute are documents according to this Law.’’
The CCP, also mentions a separate concept which is the prima facie evidence. Accordingly, the prima facie evidence is a document given or sent by the person or his/her representative that shows the legal action as probable, although it is not sufficient to fully prove the legal action in question.
In cases where there is an obligation to prove with a deed, as is known, witnesses cannot be heard; however, with the prima facie evidence, even if it is necessary to prove by deed, the witness can be heard.
3. EMAIL AS EVIDENCE
The expression "data in the electronic environment" in Article 199 of the CCP also includes e-mails; however, the aforementioned article sufficed to say that this "data in the electronic environment" is a document and did not make any determination regarding the probative force of the emails.
The determination regarding the probative force of the e-mails, which are considered documents within the scope of the CCP, will be derived from the relevant judicial decisions.
4. THE VIEW OF THE SUPREME COURT
The Supreme Court has ruled that the content of the e-mail will be considered as the prima facie evidence and the party using the relevant e-mail as evidence can present witnesses statements.
The Supreme Court states in its decision numbered 2015/9123 ‘’ it has been understood that communication was established through the email and the information was reported in the email, and even the defendant, in his e-mail dated 24.12.2012, mentioned the project for which consultancy service was provided, stating that the rate determined in the contract regarding the wages of the plaintiff was high and it was requested to be reduced and that the claimant's request to hear a witness was rejected by the court. In this case, considering that the e-mails submitted by the plaintiff's attorney are the prima facie evidence, a decision should have been made according to the witnesses reported by the plaintiff but it was not considered correctly on the grounds that the plaintiff could not prove his claim."
In another decision which numbered 2017/10021 13th Civil Chamber of the Supreme Court states “the plaintiff relied on the electronic mail and bank records. The e-mail in question, which is also accepted by the defendant, is in the nature of evidence under Article 199 of the Civil Procedure Code’’ and ‘’ the e-mail contents and the transfer descriptions confirm each other, and since the e-mail content is the prima facie evidence, it is possible to hear witnesses."
In the decision numbered 2016/3531 of the 23rd Civil Chamber of the Supreme Court, it is stated that “… Since the dates of the invoices are before this correspondence and electronic mails are accepted as the prima facie evidence under the Article 199 of the Civil Procedure Code; While the decision should have been made with the prosecution of the plaintiff's direct interrogation, it was not correct to make a written decision with an incomplete examination without adequate research.’’
5. CONCLUSION
In Article 199 of the Code of Civil Procedure No. 6100, the different types of documents are stated one of them is data in the electronic environment. Although the law numbered 6100 states that the data in the electronic environment has the characteristics of a document, it has not determined the probative power of the data in the electronic environment in question. In the light of the Supreme Court decisions mentioned above, we conclude that the data in the electronic environment is prima facie evidence and allows the right to submit witness statement for its beneficiary as the other prima facie evidence.
