Civil Procedure Code at Israel
Israel's civil litigation framework is governed by the Civil Procedure Regulations, 5744-1984, commonly referred to as the Israeli Rules of Civil Procedure. These regulations underwent a significant reform in January 2021, aiming to modernize and streamline civil proceedings. (Civil Procedure Regulation Reform - Regulation 500 - Israel Desks)
📘 Overview of the Civil Procedure Regulations
Enactment: Originally adopted on July 3, 1984, with a consolidated version issued in 2014. (Civil Procedure Regulations, 5744-1984 (consolidated version of 2014), Israel, WIPO Lex)
Reform Implementation: The comprehensive reform, known as the Civil Procedure Regulations, 5779-2018, came into effect on January 1, 2021. (The New Civil Procedure Regulations – In The Light Of The Efficiency Of The Hearing - Civil Law - Litigation, Mediation & Arbitration - Israel)
⚖️ Key Features of the Reformed Civil Procedure Regulations
1. Initiation of Proceedings
Statement of Claim: To commence a civil action, a plaintiff must file a Statement of Claim with the appropriate court. The defendant is then served with the claim and summons, typically through courier or registered mail. Upon service, the defendant has between 30 and 120 days to file a Statement of Defense, depending on the nature of the claim. (CODE OF CIVIL PROCEDURE IN ISRAEL)
2. Pre-Trial Procedures
Preliminary Deliberation Meeting: A mandatory meeting between the parties is required within 30 days after the last pleading submission. The purpose is to explore alternative dispute resolution mechanisms, narrow the issues in dispute, and agree on steps to enhance the efficiency of the legal proceedings. (Dun’s 100 - New Year; New Vaccine; and New Rules for Israeli Civil Procedure)
Motion Practice Restrictions: Parties must submit a list of all motions they intend to file. During the first pretrial hearing, the judge will determine which motions will be heard orally and which will be considered based on written submissions. (Dun’s 100 - New Year; New Vaccine; and New Rules for Israeli Civil Procedure)
3. Discovery and Interrogatories
Questionnaire Procedure: The number of questions in the questionnaire procedure is limited to 25, including sub-questions, to prevent misuse and to focus on relevant issues. For claims exceeding NIS 2.5 million or in class action cases, the limit is 50 questions. (The New Civil Procedure Regulations – In The Light Of The Efficiency Of The Hearing - Civil Law - Litigation, Mediation & Arbitration - Israel)
4. Service of Process
Expanded Grounds for Extraterritorial Service: The regulations allow for service of process on foreign defendants if damages incurred by the plaintiff in Israel are a result of the defendant's actions, provided the defendant could have anticipated such damages and is significantly engaged in international commerce or services. (Guide to litigation in Israel: the legal system and service of process - Arnon, Tadmor-Levy)
5. Case Management and Efficiency
Streamlined Procedures: The reform emphasizes efficiency, reducing unnecessary motions, and encouraging early resolution of disputes. Judges are granted more discretion to manage cases proactively and ensure timely proceedings.
📚 Accessing the Regulations
The full text of the Civil Procedure Regulations, 5744-1984, including the consolidated version of 2014, is available through the World Intellectual Property Organization (WIPO) Lex database. (Civil Procedure Regulations, 5744-1984 (consolidated version of 2014), Israel, WIPO Lex)
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