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Avukat Selin Şen
Samsun, Turkey

Founded in 2022
1 person in their team
Turkish
Dutch
English
Avukat Selin Şen, Samsun'da faaliyet gösteren ve özellikle uluslararası müvekkillere yönelik hukuki danışmanlık hizmeti sunan Samsun Barosu mensubu bir avukattır. Köln Üniversitesi mezunu olan Selin Şen, Türkçe'nin sıralı ana dili İngilizce, genel olarak ileri İngilizce ve temel...
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When a sworn statement in Samsun needs legal help

Turkey does not use a general affidavit system in the same way as some common-law countries. In Samsun, a person needing a written statement may instead need a declaration formalised by a notary, a notarised signature, or a court oath, depending on who will receive it and why.

A notary can perform authorised formal acts, such as certifying a signature or preparing a notarial record. Notarisation does not ordinarily mean the notary has independently checked whether every statement in the document is true. For use abroad, the receiving authority may also require a particular form, a sworn translation, or an apostille.

For a civil case in Samsun, a written declaration is not automatically a substitute for evidence given under Turkish procedural rules. The court oath is a separate form of evidence governed by the Code of Civil Procedure. Confirm the required document with the court, authority, or institution that requested it before arranging notarisation.

Why you may need a lawyer

  • A foreign authority has requested an affidavit. A Samsun lawyer can check whether it expects a notarised declaration, an oath before an authorised official, an apostille, or a specific wording.
  • You need to use a Turkish declaration abroad. If the document will go to a foreign court, consulate, university, or public office, legal advice can help establish the correct sequence for notarisation, translation, and authentication.
  • Your statement relates to a case in Samsun. A lawyer can advise whether a written declaration is useful or whether evidence must instead be presented through the court process, including a court-administered oath where applicable.
  • The declaration concerns a business or transaction. For a Samsun business dealing with an overseas counterparty, a lawyer can review the wording and check whether the requested statement creates admissions or other legal obligations.
  • You are asked to sign a statement in a language you do not understand. A lawyer can explain its effect and arrange for suitable translation before you sign before a notary.

Local laws overview

Notaries Law (Law No. 1512). This law governs notarial functions in Turkey, including the formal acts a notary may perform. It was published and entered into force on 5 February 1972.

Code of Civil Procedure (Law No. 6100). This law sets out civil court procedure and the rules for evidence, including the court oath. It entered into force on 1 October 2011; a privately prepared statement should not be assumed to replace evidence required under these rules.

Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. The Apostille Convention applies in Turkey from 29 September 1985. An apostille authenticates the origin of a qualifying public document; it does not certify the truth of the statements in it or guarantee that the destination authority will accept its contents.

Frequently asked questions

Is an affidavit the same as a Turkish notarised declaration?

Not necessarily. The receiving authority may use “affidavit” to mean a statement made under oath, while a Turkish notary may be asked to certify a signature or formalise a declaration. Ask the recipient what form and legal effect it requires.

Can a Samsun notary administer an oath for a foreign affidavit?

Do not assume that a notarial declaration is equivalent to an oath under another country’s law. The foreign authority’s instructions determine what it will accept, so check whether it requires a particular official, wording, or procedure before booking an appointment.

Do I need a lawyer to have a declaration notarised?

A lawyer is not generally required for a routine notarial act. Legal advice can be important if the document will be used in litigation, signed in a foreign language, or may affect your rights or obligations.

Who can make a sworn or notarised statement?

Generally, the person making the statement must have the capacity to understand and sign the document and must satisfy the identification requirements for the chosen procedure. Additional requirements may apply if the person is a minor, uses an interpreter, or signs through a representative.

What should I take to a notary in Samsun?

Take valid identity documents, the final document or draft, and any instructions from the institution that requested it. If translation or an interpreter is needed, confirm the notary’s requirements in advance; names and other details should match the supporting records.

Will a notary verify that everything in my statement is true?

Notarisation generally concerns the notarial act, such as the identity of the signer or the signature, rather than independent verification of every factual claim. You remain responsible for the accuracy and consequences of the statement.

Does a document for use abroad need an apostille?

It may, if the destination country accepts apostilles and requires authentication of the document’s public origin. Requirements depend on the document type and destination, so confirm whether an apostille, consular legalisation, or no further authentication is required.

How long does the process take?

A straightforward notarial appointment may be completed the same day if the document and identification are ready. Translation, apostille processing, missing records, or review by a foreign authority can add time, and no single timeframe applies to every case.

How much does it cost?

Notary charges depend on the act, document, copies, and any translation or other required services, and are subject to the applicable tariff. A lawyer’s fee is separate and should be agreed in advance, subject to applicable minimum-fee rules.

Can I use a written declaration instead of giving evidence in a Samsun court?

Not automatically. The Samsun court handling the case applies Turkish procedural rules and decides how evidence is presented; a private declaration may not replace testimony or a court oath where the procedure requires one.

Can a Turkish-language document be used abroad without translation?

That depends on the receiving authority. It may require a translation into its official language and may specify who must prepare or certify that translation.

Official resources

  • Samsun Bar Association: Provides information about the legal profession in Samsun and can help people locate a lawyer or check professional membership.
  • Samsun Governorship: Can provide information about provincial public services and direct enquiries about apostille procedures to the competent office. The correct office can depend on the type of document.
  • Samsun Courthouse: The local courts handle judicial proceedings in Samsun. Contact the relevant court office for case-specific procedural information; court staff do not replace independent legal advice.

Next steps

  1. Get the recipient’s instructions first. Ask the court, institution, or authority for its required wording, signing procedure, language, and authentication. Allow a few days to clarify requirements if they are unclear.
  2. Gather the supporting documents. Collect identity records, the draft statement, relevant case or transaction documents, and any correspondence explaining its purpose.
  3. Decide whether legal advice is needed. Seek a lawyer before signing if the statement concerns a dispute, contains admissions, or will be relied on abroad. For an uncomplicated signature certification, ask a notary what documents are needed.
  4. Contact lawyers practising in Samsun. Use the Samsun Bar Association or another reliable professional directory, then shortlist lawyers whose work includes civil procedure, notarial matters, or cross-border documents. Initial enquiries may take one or two days.
  5. Ask about scope, fees, and timing. Confirm whether the lawyer will review wording, arrange translation, advise on an apostille, or attend the notarial appointment. Request a written fee and service outline before instructing them.
  6. Review and complete the document. Check every name, date, and factual statement before signing, and follow the confirmed notarial and authentication steps. Keep the original and copies of the completed document and any apostille or translation.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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