Question:
Is there any way of correcting a mistake discovered in the protocol after the hearing endedt ?
Answer:
Yes ! The 1984 Civil Procedure Rules address this particular problem whereby there are mistakes in the protocol. They state that after the other side has been given an opportunity to react, the court can correct the protocol at any time , even if judgment has already been passed. Where the protocol was written before a registrar,then he , too, has these powers.
Importance of Correcting Protocol
Question:
Why is it important to correct a mistake in the protocol ?
Answer:
Not every mistake is important, but some mistakes can be crucial, and if, the incorrectly recorded version remains unchallenged or uncorrected, it could jeopardize a client's case. The particular issue that is inaccurately reported could be vital to an appeal.
Correcting Mistakes in Judgment or Decision
Question:
If a mistake is discovered in a judgment or decision can it be corrected ?
Answer:
The 1984 Courts’ Law (Consolidated Version) provides for the correction of technical mistakes by the court on its own initiative , and at its own discretion, within 21 days from the day it was made. Technical mistakes are defined as grammatical or arithmetical mistakes, ‘slips of the pen’, unintentional erasures or additions.
Alternatively, if both parties agree, the court can correct any mistake in a judgment or decision at any time.
Shelf-Life’ of a Judgment
Question:
How long does a person who has a legal judgment in his favour have to act upon it ?
Answer:
In general 25 years according to the Statute of Limitations. If after this period the person winning the case has done nothing to enforce the judgment then it ‘dies’. However, where the judgment is declaratory it never becomes out of date.
Having said this, it is clear that some judgments must be acted on quickly before circumstances change that could give call for a re-examation of the situation , especially regarding rulings concerning children,. For example, a mother who is granted permission to relocate with her child after a long, legal battle, should do so within a reasonable period of time after receiving permission.
Judgment ‘By Consent’
Question:
If sides to legal proceedings at the family court reach an understanding ,can judgment be passed on that basis ?
Answer:
Yes! Under the 1984 Civil Procedure Rules the court or registrar can pass judgment on a plea on the basis of terms agreed upon by the sides. This can be done even if the sides agree on the main matter, but not on costs, which can be left to the court or the registrar to set.
Challenging Judgment Made By Consent
Question:
Can a judgment be challenged if it was given after both sides agreed on the principles for resolving the conflict ?
Answer:
Yes, in certain circumstances. Athough in general it is difficult to challenge a judgment made by consent two possibilities exist. The first is where grounds for cancelling any agreement or contract exist – for example where the person wishing to challenge the agreement claims there was a fault because he/she was mistaken, or misled etc. A new plea can be made to cancel the judgment. The second possibility is where it is claimed that the process of authorising the agreement was faulty. In this case, the judgment can be appealed.
Challenging Judgment - Fraud
Question:
If the family court passes judgment authorising an agreement and later it is discovered that one side ‘lied’ about a vital fact can the side that was misled get the judgment cancelled ?
Answer:
In principle, if it is proved that a judgment authorising an agreement was gained through fraud, then an application can be made to cancel it to the court that granted it, once it has become final. If it has not yet become final, then it can be challenged by appeal.
An example of this situation would be where, for example, a Jewish husband had been misled by his wife into thinking that she was Jewish and she claimed maintenance from him for their children on that basis. The maintenance obligation of a father towards his minor children is greater in Jewish law than it is under civil law, which would apply if mother and , therefore, the children ,were not Jewish . If it were later discovered that the wife was not Jewish, as her own mother was not Jewish, then it could be argued that the terms of any maintenance agreement that the husband agreed to would have been fraudulently obtained and should be cancelled.
Translation: Foreign Judgment
Question:
Is a translation required of a foreign judgment in order to get it recognised and enforced in Israel ?
Answer:
According to the Civil Procedure Rules a person wishing to have a foreign judgment recognised and enforced in Israel shall present a Hebrew translation of it, as requested by the court. The translation must receive the authorisation of an Israeli diplomat or consul in the country where the judgment was given, or by the foreign country’s appropriate representative in Israel. If neither of these ways are possible, the translation can be authorised in another way approved by the court.
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