Shalom, my name is Michal Decker and I am a lawyer in the Law Offices of Choen, Dekker, Pex, Brosh. Today I wanted to discuss the standard civil proceedings in Israel. There are special civil proceeding as a quick order or abbreviated legal procedure but we will discuss those in another time.
Usually, when a party has a dispute against another party before going to court it is common to contact and address the other party with a letter either personally or by a lawyer and to stipulate in writing your claims and what relief you expect from the other party. If the parties are unable to resolve their disputes on their own, the claiming party can file a lawsuit against the other party. After the lawsuit is submitted the defendant has a chance to write a letter of defence and the plaintiff can submit a letter of response to the letter of defence. After that, the judge usually schedules a pre-trial hearing. Prior to the pre-trial hearing, the parties finalise all the preliminary proceedings such as questioners and such as requests to view specific documents. The legal logic in Israel is that each party will be exposed to all the evidence of the other party. After the judge reach an understanding that all the parties are exposed to the evidence that the other party has, the judge will schedule a time and a date for the actual trial. In the actual trial, there is the phase for the plaintive and the phase for the defendant. In the phase for the plaintive, the plaintive will bring his witnesses and usually they will be signed on statements and declerations and each of those witnesses will go on cross-examination if the defence wish to and after that, the plaintive will be able to re-examine his own witnesses. Then we reach the phase of the defence when the defence can present witnesses of its own and the plaintive will have the opportunity to cross-examine the defence witnesses. After the cross-examination is finalised then both parties are allowed to submit summaries in writing or by speech. After that, the judge will render a decision. And iff one of the parties is unhappy with the decision they can appeal in front of a higher court.