A Step-by-Step Guide:
1. Initiating the Lawsuit: Filing the Statement of Claim
A civil lawsuit in Israel commences with the plaintiff filing a Statement of Claim with the appropriate court. This document outlines the plaintiff’s cause of action against the defendant. In most cases, the lawsuit is based on a monetary claim, where the plaintiff demands that the defendant pay a specific sum
2. Serving the Statement of Claim to the Defendant
After filing, the plaintiff is obligated to serve the Statement of Claim to the defendant. Until the defendant receives this document, they are not required to take any action, as they are unaware of the lawsuit’s existence.
3. Defendant’s Response: Filing the Statement of Defense
Once served, the defendant must file a Statement of Defense with the court within 60 days. Failure to do so may result in the court deeming the defendant to have admitted to the claims, allowing the plaintiff to obtain a judgment for the full amount sought.
4. Preliminary Proceedings: Scheduling a Hearing
After the Statement of Defense is filed, the case progresses. A hearing is scheduled before a judge, who sets a date for a preliminary hearing involving both parties.
5. Discovery Process: Document Disclosure and Interrogatories
During preliminary proceedings, the court typically orders both parties to disclose all relevant documents in their possession and to respond to questions posed by the opposing party.
6. Submission of Affidavits of Evidence-in-Chief
The judge will instruct the parties to submit Affidavits of Evidence-in-Chief, which are written testimonies of witnesses detailing the facts they have observed or heard.
7. Preliminary Hearing: Case Management and Settlement Efforts
A preliminary hearing is held, where the judge aims to streamline the case procedurally and encourages the parties to reach a settlement. If no settlement is achieved, the case proceeds to an evidentiary hearing.
8. Evidentiary Hearing: Witness Examination
During the evidentiary hearing, witnesses from each side are cross-examined based on their affidavits. The defendant’s attorney questions the plaintiff’s witnesses, and vice versa.
9. Closing Arguments: Submission of Summaries
Upon conclusion of the evidence stage, the judge directs the attorneys to submit written summaries. The plaintiff’s attorney submits their summary first, followed by the defendant’s attorney. These summaries encapsulate each party’s arguments, supported by the evidence presented during the trial, and include relevant legal references.
10. Court’s Decision: Issuance of Judgment
After reviewing the summaries, the court issues its judgment.
11. Appeals Process
After receiving the judgment, the losing party has the right to appeal the decision. In most cases, an appeal must be filed within 60 days from the date the judgment is rendered.
