Consult an advocate immediately. The deadline for filing a statement of defence is fixed by the Civil Procedure Regulations, and failure to file on time may lead to judgment in default of defence.
Litigation Advocate
Handling the proceedings from start to finish: pleadings, disclosure of documents, cross-examination and closing submissions, at every level of court.
Under section 51(a)(2) of the Courts Law [Consolidated Version], 5744-1984, the Magistrates' Court hears civil claims not concerning land up to NIS 2,500,000, and above that amount they are heard by the District Court. A judgment of the Magistrates' Court may be appealed to the District Court (section 52). The proceedings themselves are governed by the Civil Procedure Regulations, 5779-2018.
When you need a litigation advocate
- When you have received a statement of claim. The deadline for filing a statement of defence is fixed by the Regulations, so it is advisable to seek advice immediately.
- Before filing a claim, to assess the prospects, the appropriate court and the cost.
- When you have received a letter of demand, or are considering sending one.
- When you are summoned to give evidence, or when a witness or expert witness for the other side needs to be cross-examined.
- After judgment, when a decision must be made whether to appeal.
How the work proceeds
- Legal assessment. A review of the facts, the documents and the law, and a candid assessment of the prospects, the risks and the cost.
- Letter of demand and an attempt to settle. In many cases a reasoned letter before action leads to a settlement. Sometimes it is better to dispense with it. The decision is considered in every case.
- Pleadings and evidence. Drafting the statement of claim or the statement of defence, affidavits and expert opinions, and disclosure of documents. How a civil case proceeds, step by step.
- Hearings, cross-examination and closing submissions. Representation at hearings, cross-examination of witnesses and expert witnesses, and written or oral closing submissions.
The firm's areas of litigation
The firm provides litigation services in a range of legal fields, including:
- Civil litigation: monetary claims, contractual disputes, torts and more.
- Real estate litigation: ownership disputes, eviction of tenants, construction defects and more.
- Commercial litigation: business disputes, monetary claims between companies and more.
- Family litigation: divorce disputes, child custody, division of property and more.
What to bring to the meeting
- The statement of claim or the letters you have received.
- The agreement or documents on which the dispute is based.
- Correspondence with the other side.
- Receipts, invoices and proof of payments.
- Names of possible witnesses.
- Previous decisions of the court, if any.
Timeline and cost
Timetable: at the first consultation you will receive a preliminary assessment of your position. If the documents have been sent in advance, the assessment is better founded. The length of the proceedings themselves depends on the court and on the complexity of the case. The deadlines for filing pleadings are fixed by the Civil Procedure Regulations, so it is important to seek advice immediately when a statement of claim is received.
Cost: the fee is set in a written fee agreement, after the case has been reviewed. Court fees, expert opinions and other expenses are paid separately. At the end of the proceedings the court may order the losing party to pay legal costs.
Agreed settlement or judgment
| Subject | Agreed settlement | Judgment |
|---|---|---|
| Who decides the outcome | The parties, by agreement | The court |
| Duration | Usually shorter | Until the end of the proceedings, and sometimes an appeal as well |
| Certainty | The outcome is known on signing | The outcome is not known in advance |
| Privacy | Confidentiality can be agreed in the settlement | The proceedings and the judgment are usually public |
Contact us to review your case
If you are in a dispute or facing legal proceedings, it is worth reviewing your position early, before deadlines pass. We will be glad to hear the details and explain the options.
Tools: the interest and linkage calculator under the Adjudication of Interest and Linkage Law and the court fee calculator (both in Hebrew). All calculators are listed on the calculators page.
Questions and answers
I have received a statement of claim. What should I do?
Which court will hear the claim?
A monetary claim that does not concern land is heard by the Magistrates' Court up to NIS 2,500,000, and above that amount by the District Court (section 51(a)(2) of the Courts Law). Disputes in a condominium are sometimes heard by the Superintendent of Land Registration.
Can the judgment be appealed?
A judgment of the Magistrates' Court may be appealed to the District Court (section 52(a) of the Courts Law). An appeal against an interim decision usually requires leave.
More on litigation
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