Question:
Is there any way of correcting mistakes made during the proceedings ?
Answer:
Yes. The 1984 Civil Procedure Rules give the court discretion to correct any fault or mistake in any proceedings, and to give instructions about costs or other matters as it considers it is fair. It is obliged to make all corrections necessary to establish the real issues in dispute between the parties. A registrar also has these powers.
Amending Written Pleadings
Question:
Can a party amend written pleadings ?
Answer:
Yes, after applying and receiving permission from the court. If the plea is amended, then permission is normally granted to amend the defence pleadings.
Extension of Deadlines
Question:
Are court deadlines rigid ? Can permission be obtained to extend them ?
Answer:
According to the Civil Procedure Rules of 1984 a deadline set by a court or a registrar can be extended at the discretion of whoever gave it, even if it has expired, unless they provide otherwise. In contrast, however, a deadline that is set by legislation can only be extended for special reasons that must be recorded.
Deadlines & Court Recess
Question:
How are court deadlines affected by the closure of the courts during vacations ?
Answer:
According to the Civil Procedure Rules of 1984 the periods when the courts are closed during Pessach and the Summer are not counted in terms of a deadline set by a court or a registrar or which appears in the rules themselves. The counting stops when the vacation period starts and resumes when the vacation ends. There are exceptions to this general rule – where the court or the registrar ordered otherwise, or where the deadline relates purely to an action between the parties – for example, the payment of a debt from one to the other.
Deadlines For Defence Pleadings in Custody Action
Question:
How soon must defence pleadings be filed in a custody action ?
Answer:
Once the person defending the action has been ‘served’ with the plea he/she has 30 days in which to file a written defence.
Deadlines For Filing Defence in Maintenance Cases
Question:
How soon must defence pleadings be filed in a maintenanceaction ?
Answer:
Once the person defending the action has been ‘served’ with the plea he/she has only 15 days in which to file a written defence.
Deadline For Application To Cancel Ex- Parte Decision
Question:
What is the deadline for trying to cancel a decision not made in one’s presence ?
Answer:
The deadline for submitting a plea to cancel an ex-parte decision is 30 days from when one received it according to the 1984 Civil Procedure Rules.
Temporary Freezing Orders – Court Recess
Question:
Is the period of court recess excluded from the deadlines set in proceedings in relation to temporary freezing orders ?
Answer:
No – they are included, otherwise the significance and urgency of temporary freezing orders granted ex-parte would be destroyed. This point was made very clearly and strongly by Tel Aviv Magistrates’ Court in June 2004.
Ban on Pleading Different Facts
Question:
Can a party claim alternative facts if he/she is not sure of all of the information and is filing several proceedings ?
Answer:
Not as a general rule ! Under the Civil Procedure Rules of 1984 a party to legal proceedings cannot claim different facts against the same party, unless he/she submits an affidavit saying that he/she does not know them. In contrast to this, a party is entitled to plead alternative legal claims against the same party.
Refiling Plea Struck Out
Question:
Can a party whose plea was struck out file it again ?
Answer:
Yes. According to the 1984 Civil Procedure Rules the court strikes out the plea, a new one can be filed instead. In contrast, if the court rejects the plea it cannot be brought again. The wording of the protocol should be checked carefully to see which applies.
If the decision to strike out the plea was made in a party's absence, t may also be possible to cancel the decision striking it out.
Procedural Flexibility Stifles Court’s Decision-Making
Question:
Is there anything a plaintiff can do to get a court to pass judgment when time and time again the defendant has failed to file his defence within the time given, despite several extensions given ?
Answer:
This is problematic – family courts make extremely liberal use of the right under the 1995 Family Courts’ Law to digress from procedural rules and act ‘ in the manner’ they consider ‘ the best in the interests of justice’. If a decision is made, then one can appeal against it, if necessary, but the situation where no decision is made paralyses and frustrates the legal process. The plaintiff would be advised to have his/her lawyer file a series of applications to court, requesting that the court pass judgment, showing that the defendant was served with the plea/application, and has ignored repeated deadline extensions. Further options exist, but this usually works.
Plaintiff - Party Without Legal Capacity
Question:
What happens when the need arises for someone lacking legal capacity to initiate legal action to protect their interests ?
Answer:
Under the 1984 Civil Procedure Rules a person lacking legal capacity is able to bring a legal action as a plaintiff through his/her legal guardian or a close friend. He is able to defend himself/herself via a legal guardian.
Proceedings Against Party Without Legal Capacity
Question:
Can proceedings be taken against someone lacking legal capacity ?
Answer:
Under the 1984 Civil Procedure Rules if a person lacking legal capacity has no legal guardian, the court or registrar can be asked to nominate him/her a guardian for the legal proceedings immediately after the case starts. If the person lacking legal capacity suggests a guardian then that person must give his/her written consent. In any case, the plaintiff will not be allowed to carry on with the case until the defendant has a guardian to represent him/her.
Adding Party
Question:
Can another party be added to proceedings, either as a plaintiff or a respondent/defendant ?
Answer:
The addition of another party to proceedings is governed by the 1984 Civil Procedure Rules. In principle this is possible if a common legal or factual question would arise if the cases were heard separately and other conditions set out in the rules are fulfilled. However, the court or the registrar can order a hearing to be divided or organised differently where the addition is likely to complicate or delay the hearing.
Adding Party Without Legal Capacity
Question:
Can someone lacking legal capacity be made an additional plaintiff ?
Answer:
Under the 1984 Civil Procedure Rules a person lacking legal capacity can only be added as an additional plaintiff if he/she has a legal guardian for the proceedings and he/she gives his/her agreement in writing. According to the Legal Capacity and Guardianship Act of 1962 a guardian for someone lacking legal capacity must be appointed by court.
Side To Proceedings Dies
Question:
What happens if one of the sides to legal proceedings dies – will the case continue ?
Answer:
Where one of the sides to legal proceedings dies the 1984 Civil Procedure Rules will apply. According to these, if a party dies or is declared bankrupt the action will not stop if the legal cause or ground for it still exists. Furthermore, if one of the parties dies or is declared bankrupt after the case has been heard but before judgment has been made then it will continue even if the legal ground or the cause for the case no longer exists.
Heirs Instead of Deceased In Proceedings
Question:
Does a party’s heirs have an automatic right to step into his/her shoes if he/she dies?
Answer:
No ! Under the Civil Procedure Rules of 1984 the court has discretion to make an order enabling the executor of the estate, or the heir/s or the trustee/s or another appropriate substitute to step into the shoes of a party who dies or is declared bankrupt. This is the case where the court sees it appropriate to do so in order to reach a complete settlement of all the issues in dispute. A registrar has the same powers in these circumstances.
Legal Settlement Involving Party Without Legal Capacity
Question:
Can legal proceedings brought by someone lacking legal capacity be settled by compromise ?
Answer:
The 1984 Civil Procedure Rules lay down clear instructions regarding any possible settlement or compromise of legal proceedings involving a person without legal capacity who is the plaintiff, or one of several plaintiffs. Any legal settlement or compromise or receipt of money paid to court is only legal if it receives court authorisation. In addition, no money can be paid to the guardian or representative of a person lacking legal capacity unless the court so orders .
Expert Opinion Accepted Despite Faults
Question:
Can a family court accept an expert opinion on foreign law,even if it has faults ?
Answer:
Yes ! The family courts have considerable flexibility regarding the admissibility of evidence compared to the ordinary civil courts. For example, in January 2008 Jerusalem Family Court decided not only to allow a controversial expert opinion on Ethiopian divorce law to be submitted as evidence , within the framework of dissolution of marriage proceedings, despite its faults, but also accepted its content, mostly because of the difficulty in finding experts in this field at all. The expert witness appeared in court for cross examination, but despite objections from the other side, no counter expert opinion/witness was presented to dispute his claims, and the court decided , in the circumstances, to accept the opinion.
Ex-Parte Protection Order
Question:
Can a protection order be made against someone without them knowing ?
Answer:
Yes. Under the 1991 Prevention of Violence In the Family Act an ex-parte protection Order may be granted (without the person against whom it is made knowing or being present at the proceedings). If an ex-parte protection order is made, then a hearing must be held in the presence of both parties as soon as possible , and not longer than 7 days afterwards.
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