ISRAEL Law and Practice Contributed by: Nir Kehat, Sivan Wulkan Avisar and Iyar Yariv, Arnon, Tadmor-Levy
responsibility of the plaintiff, unless the court orders otherwise. The Regulations establish that a prospective plaintiff can serve a foreign prospective defendant in its domi- cile outside of Israel – if there are grounds for such extraterritorial service (listed in the regulations) – with- out needing to obtain prior permission from the court. The plaintiff is still required to file a motion to court requesting orders regarding the method of executing the service. This motion must be accompanied by an affidavit supporting the cause of action of the pro- spective suit, as well as the existence of grounds for extraterritorial service, and must include the defend- ant’s address abroad to which process is intended to be served. If the court does not deny the motion, and process has been served accordingly, the defendant may move to quash the extraterritorial service, arguing that the Israeli court lacks jurisdiction, or that it is not the appropriate forum for adjudicating the dispute (forum non conveniens). The performance of extraterritorial service is regulated by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Docu- ments in Civil or Commercial Matters (1965), to which Israel is a party. A claim may also be served on a foreign defendant not present in Israel through a local representative on its behalf that represents it on a regular basis with respect to its matters in Israel, if the action pertains to the same matter. 3.6 Failure to Respond Should the defendant fail to file its defence, the plain- tiff may petition the court for a default judgment within 60 days after service is made, provided that: (i) proper service of process has been duly effected; and (ii) the claim establishes a prima facie case on the merits. To secure such relief, the plaintiff must file a formal motion with the court accompanied by appropriate supporting documentation. 3.7 Representative or Collective Actions Class action lawsuits have become a prevalent phe- nomenon in Israel in recent years, including against foreign international corporations. The legal frame-
work for filing and adjudicating class actions in Israel is outlined in the Class Actions Law, 2006, and the Class Action Regulations, 2010. The certification stage begins with the plaintiff filing a motion to certify the class action. The motion to certify must demonstrate that the claim meets the cumu- lative conditions required for the court to certify the motion, inter alia, that the class action raises material questions of law or fact that are common to all the members of the putative class and that the claim has a prima facie basis. Participation is generally on an opt-out basis. 3.8 Requirements for Cost Estimate There are no requirements to provide clients with a cost estimate of the potential litigation at the outset. Parties may bring interim applications prior to the trial or substantive hearing of a claim. Available interim remedies may include temporary injunctions orders, temporary attachment orders, or the appointment of a receiver. Such applications extend beyond case management matters and can provide temporary or protective relief. In determining whether to grant an interim remedy, courts typically consider factors such as whether the claim has a prima facie basis, the bal- ance of convenience, the applicant’s good faith, and the urgency of the circumstances. 4.2 Early Judgment Applications Courts may strike out claims, or parts of claims (“dis- missal in limine”), if, under the assumption that all pleaded facts are true, the claim does not show a cause of action. The standard for such dismissal is applied strictly. 4.3 Dispositive Motions Up to 20 days before the first pre-trial hearing, a list of all motions (primarily those concerning discovery proceedings, questionnaires and most other pro- cedural issues) must be submitted. Apart from this, from the filing of the last pleading until the date of the pre-trial hearing, no motions may be filed except for 4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
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