How a civil case proceeds in court, step by step

Before filing

The preparation stage is the least expensive and the most influential. Three questions are examined here: is there a cause of action, is there evidence to prove it, and is there anyone to collect from if we win? A justified claim against a debtor with no assets may end with a judgment and a bill for legal fees.

This is also where the forum is considered: the Magistrates' Court or the District Court, depending on the amount claimed and the nature of the matter; the Superintendent of Land Registration in condominium disputes; and sometimes arbitration or mediation under a clause in the contract.

A well-drafted letter of demand resolves quite a few cases before anything is filed, and in any event serves as evidence that an opportunity to put things right was given.

The pleadings

The statement of claim sets the boundaries of the playing field: what is alleged, what the allegation is based on and what relief is sought. What is not pleaded in it usually cannot be argued later. The statement of defence does the same from the other side, and sometimes a reply is also filed.

The main documents are attached to the pleadings, and in certain types of claim an affidavit or an expert opinion as well. The Civil Procedure Regulations, 5779-2018, set time limits and length limits, and missing them can prove costly.

Pre-trial and disclosure of documents

At the pre-trial stage the issues in dispute are narrowed, preliminary proceedings are dealt with and, not infrequently, the possibility of a settlement is explored. This is also the stage at which the court forms its first impression of the case and of the parties.

Disclosure of documents and interrogatories are a powerful and underused tool. An internal document of the opposing party, forgotten correspondence or a report never meant to be seen by anyone can change cases. Systematic work at this stage is worth more than any speech.

Evidence, testimony and cross-examination

At the evidence stage, affidavits of evidence-in-chief and expert opinions are filed, after which the witnesses are cross-examined. In cases with conflicting opinions, the court sometimes appoints a professional of its own, and that opinion carries great weight in the outcome.

Cross-examination is the turning point in most cases. We discuss it in a separate article: The Art of Cross-Examination.

Closing submissions and judgment

Closing submissions connect the evidence actually presented with the legal arguments. Good closing submissions are not a repetition of the statement of claim but a precise map: what has been proved, where, and what follows from it in law.

Judgment is then given, and alongside the decision it also awards costs and legal fees. A judgment may be appealed within the time limit prescribed by law, and in some cases leave to appeal is required.

How long it takes and what it costs

An average civil case lasts many months, and sometimes years, depending on the court's caseload, the number of witnesses and the complexity of the expert opinions. The costs include the court fee, fees for expert opinions and legal fees.

The decision is therefore not only legal but also financial: what is the amount at stake, what are the prospects of collection, and how much is an early settlement worth compared with a judicial decision later on. A frank conversation about this, before anything is filed, is part of the representation.

What we do in such cases

The firm handles civil and commercial cases at all levels of court, with an emphasis on real estate disputes, construction defects and condominium disputes, from building the case and the evidence through to cross-examination and closing submissions.

Nothing in this article constitutes legal advice or a substitute for it, and every case is assessed on its own circumstances.