ISRAEL Law and Practice Contributed by: Nir Kehat, Sivan Wulkan Avisar and Iyar Yariv, Arnon, Tadmor-Levy
those motions regulated under Regulation 49 of the Civil Procedure Regulations, which include: • motions for interim relief; • motions to take early testimony; • motions to stay proceedings; • motions for examination by a defendant’s expert; • motions to amend pleadings; • motions to disqualify a judge; • motions to exempt a party from personal appear- ance; • motions to approve a settlement or mediation agreement; and • motions to suspend or revoke the appointment of an expert. 4.4 Requirements for Interested Parties to Join a Lawsuit • motions to join additional parties; • motions to consolidate proceedings; Interested parties may be permitted to join proceed- ings if they possess a direct legal interest in the out- come or if the case is likely to affect their rights or obligations. In practice, it is generally easier to join as a defendant than as a plaintiff. The court may address issues of joinder during a pre-trial hearing or upon consideration of a formal application submitted by the interested party (or by one of the parties to the claim). 4.5 Applications for Security for Defendant’s Costs Courts have discretion to order plaintiffs to provide security for costs. While such orders are less com- monly imposed on individual plaintiffs, the presump- tion is reversed in the case of corporate plaintiffs, for whom security is generally required. In exercising this discretion, courts take into account factors such as the merits of the claim and the risk of non-payment of costs. The procedure is governed by Regulation 96 of the Civil Procedure Regulations (and Section 353A of the Company’s Law – for a corporate plaintiff). 4.6 Costs of Interim Applications/Motions Courts exercise broad discretion in awarding costs for interim applications or motions. Such costs may be awarded immediately, conditionally, or in some cases not at all. Cost awards seldom correspond to the par- ties’ actual expenses. The applicable procedure and
rules are set out in Chapter 18 of the Civil Procedure Regulations. 4.7 Application/Motion Timeframe The timeframe for a court to address an application or motion varies depending on the nature of the request and the court’s workload. For instance, a motion filed prior to the first pre-trial hearing is typically considered at that hearing or shortly thereafter, with a decision issued soon afterwards. Urgent motions may be sub- mitted at any stage, and in certain circumstances an on-duty judge may be assigned to handle immediate requests, such as applications for interim relief. Discovery in civil proceedings encompasses both document disclosure and the use of questionnaires. However, no depositions are allowed under Israeli civil proceedings. Unless the court orders otherwise, parties are required to exchange affidavits listing all relevant documents within 30 days following the sub- mission of the last pleading. Parties may also demand discovery of specific documents, and if the opposing party does not comply, may request a specific discov- ery order from the court. While the discovery process is primarily administered by the litigants, it remains subject to court supervision. Parties may also submit motions to challenge or regulate the conduct of dis- covery between them. The procedure is governed by Chapter 9 of the Civil Procedure Regulations. 5.2 Discovery and Third Parties 5. Discovery 5.1 Discovery and Civil Cases The court has authority, in certain circumstances, upon a request made by a party, to order third parties to disclose documents, if it is convinced that the third party holds relevant documents. The court may also issue directions in connection with the examination of a witness, including requiring the third party to come to the court as a witness and pro- duce any relevant documents in their possession or control.
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