In short
The accused's witness list is not the summons that reaches the witness. The list is a note of names and facts given to the court. The summons is a separate invitation the court issues to the witness. The witness's oath, the right to decline to testify, and a failure to attend are not the subject of this list. That subject is in the witness summons article.
A name is not enough; the fact must be written
The accused or defence counsel asks that a person be heard. The request contains the name and which fact that person knows. The fact is tied to the act in the indictment. The link shows which sentence of that act it relates to. If that sentence is not in the indictment, the fact is not built from a short word on the summons. Without the link, the name stretches into character evidence. A stretched name does not by itself prove the contested fact. The fact is not a sentence that makes the witness memorize what to say. It is the name of what the person saw, heard, or knows.
If the address is known, it is written. If it is not known, it is not invented. A workplace, a telephone number, or other accurate information that helps locate the person is enough. If there is no information at all, the gap is left as unknown. That gap does not produce the day the witness will attend. The day goes onto the paper when the court issues the summons. If a telephone number has been written, the number is read from the list. A remembered digit is not added when there is no number. If the same name belongs to more than one person, distinguishing information is written to the extent it is known. An unknown father's name or date of birth is not invented.
The list may be filed before the hearing or stated at the session. Filing it early does not guarantee that it will be accepted. Stating it at the session does not by itself produce a refusal. This page does not tie the day of filing to a number. A name stated at the session, if it did not enter the record, is left as not entered. Words that never entered the record do not count as a list having been filed. The courtroom and the time on the accused's own hearing paper are read in the hearing summons article. That paper does not stand in for the witness list. In Ankara, the list is given to the court named in the heading of the summons. The name of another chamber does not change that heading.
A refusal is not a hearing
The statute allows a witness not to be heard where the testimony would not affect the judgment, or where the person is named only to prolong the case. That permission is not treated as already used for every name. If the court will not hear the witness, it writes a reasoned interim decision. Without that decision, the witness is not treated as refused. Where the decision exists, a statement is not looked for in the record. The reasons are the sentence in the interim decision. If that sentence is missing, the refusal is not filled in with the words that it prolongs the case. If the refusal covers one name and not another, the scope is read from the name in the decision. Without a name written there, the whole list is not treated as refused.
A witness named by the prosecutor is not a name on the accused's list. Hearing that witness does not mean the accused's own request was granted. The two lists are not mixed. An account taken by the police is not a statement at the hearing either. The police stage is in the witness at the police station article. The accused may separately ask that the same person be heard in court. That request does not turn the old record into a hearing statement. A sentence from the old record is not pasted in place of the account given in court. If there is no account in court, that absence is stated.
The statement of a witness who was heard is read as it stands in the record, question by question and answer by answer. If an answer was cut short and the cut-off appears in the record, it is written as appearing. If it does not appear, the answer is not lengthened as though it had been finished. If the accused wants to ask the same person about a new fact, that new fact is written separately. A fact that was not written is not drawn out of the first statement.
The court issues the summons
The accused does not write, and does not post, the paper that goes to the witness. The court summons the name it has accepted. The summons states the date, the place, and the capacity of witness. What the witness does on receiving that paper, the oath, and the right to decline to testify stay outside this text. The place to read that is the witness summons article. The accused cannot put their own list in the place of that article. Handing the list to the witness is not the court's summons. A paper handed over does not by itself open the hearing day. The day is the line on the court's summons.
Connecting a witness from another city, or from an institution, is not a link the list opens by itself. The request for the video connection and the recording are in the SEGBIS article. The list does not create that recording. Without a recording, it is not said that the witness was heard by video. If the witness did not come into the courtroom, the absence is read from the annotation on the summons or from the hearing record. Without that annotation, it is not said that the witness fled. Absence does not count as proving or disproving the fact on the accused's list. The fact is read only from the account that entered the record.
The address on the summons may differ from the address on the list. If they differ, the two addresses are set side by side. The difference does not mean the witness was heard. Whether the person was heard is seen from the statement line. Without a statement line, there is no account even if the address is correct.
A memorized script is not a list
The list does not carry a sentence for the witness to repeat. Writing a sentence and handing it over is not reporting a fact. Distributing the same text to more than one person is not preparation of a list either. The account rests on what the person saw or knows. A sentence without that basis does not stand in the record as a fact. Writing out, step by step, how the witness should tell the event is not part of this list. It is not added as if it were. Added text does not stand in for the statement in the court record.
Pressuring a witness, or silencing a witness, is not part of this preparation. It is not added as if it were. Pressure that is added does not secure acceptance of the list. Acceptance appears in the interim decision or in the hearing record. Acceptance that does not appear does not support the sentence that the witness was heard. If the witness told the accused they would not come, those words are not the court's refusal. The refusal sits in the interim decision. An oral message does not cancel the summons either.
A written note the accused collected from a friend is not testimony. Testimony is what the person tells the court. A note may remind someone of a fact. A reminder does not stand in for the statement. If the statement is not in the record, it is left as absent. A signature under the note is not the oath taken at the hearing. If the note is filed as an annex to the list, it is marked as an annex. An annex does not support the sentence that the witness was heard.
An expert is not entered on the witness line
An expert is not a witness. An expert opinion is not turned into testimony by writing a name on a line of the witness list. A conclusion in a report is not retold as an event a person saw. If there is a report, the report's own sentence is read. Without a report, it is not said that the expert said this or that. If the accused asks that an expert be heard, that request is kept apart from the witness list. A name written without that separation is not treated as both witness and expert. The capacity in which the court acted is read from the interim decision or from the record.
This page does not state a number of witnesses. Each name is tied to a fact in the indictment. Without a fact, the name lengthens the list. A longer list does not turn a name that cannot affect the judgment into evidence.
Whether the witness was at the scene is written on the fact line. If the only words are that the accused knows the person well, and it is not written that the person was there, that sentence is not a fact tied to the act. If the words "I know them well" are to remain on the list, they are left as they stand. If there is no separate sentence tied to the act, that absence is stated. If the fact points to a date or a place in the indictment, the pointer is made only where that line is in the indictment. If the line is not there, a date is not invented. If the court has written in an interim decision that it will hear the witness, and the summons has not yet issued, the hearing has not begun. An interim decision is not a summons. When the summons issues, the date is on the summons. The sentence of intention in the interim decision is not read as the date of the summons.
A withdrawal after the witness was summoned is read from the withdrawal petition, if that petition is in the file. Without the petition, it is not said that the name was struck from the list. If a name said to have been struck is written in the record as heard, it remains heard. A hearing is not deleted backwards by a withdrawal. If there is more than one accused, the list states which accused's request it is. If it does not, the heading of the petition shows in whose name the request was filed. A name on another accused's list is not your request. Hearing that name does not mean your fact line was accepted. Acceptance is looked for in the interim decision on your list. If the interim decision omits a name, the missing name is not treated as heard by completing it from the list. The name that was heard is the name line in the record. The frame is on the criminal law page.
Conclusion
The paper that is prepared is the list of names and facts given to the court. The invitation that reaches the witness is a different paper, issued by the court. If the fact line is empty, the name has not been heard. If there is a refusal, the refusal decision is what counts. A written note and a memorized sentence do not stand in for the statement at the hearing. The basis is the provisions on having a witness heard in the Criminal Procedure Code No. 5271.