ISRAEL Law and Practice Contributed by: Nir Kehat, Sivan Wulkan Avisar and Iyar Yariv, Arnon, Tadmor-Levy
6.4 Liability for Damages for the Applicant Injunctive relief (including ex parte relief) is conditional upon the applicant providing an undertaking and, at the court’s discretion, depositing security (cash or third-party guarantee) to cover potential damages. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Israeli courts do not have territorial jurisdiction over assets located outside the territory of the State of Isra- el. However, a personal order (a “Mareva injunction”) directing the respondent to act in a certain manner may require the respondent to take action (or refrain from taking action) in relation to assets located out- side Israel. 6.6 Third Parties and Injunctive Relief The most common such relief is an attachment order which is directed at a third party who holds monies (or other possessions) of the respondent. 6.7 Consequences of a Respondent’s Non- Compliance Failure to comply with an injunction may result in con- tempt of court proceedings. Such proceedings are quasi criminal in nature and are invoked sparingly, typically only where the respondent did not comply with a court’s order which is clear, specific, and unam- biguous. Generally, following the filing of all pleadings, a pre- trial hearing is conducted. Subsequently, the parties submit their evidence (affidavits and expert opinions), after which the evidentiary hearing takes place. Traditionally, the system favoured affidavits (followed by cross-examination) over oral arguments and tes- timonies. The Civil Law Procedure Regulations now theoretically prioritise direct examination and oral summation in certain proceedings. However, many judges have yet to adopt this new approach, prefer- ring to rely on their discretion as established by the Regulations. Hence, testimony is generally presented 7. Trials and Hearings 7.1 Trial Proceedings
through affidavits of evidence in chief, followed by oral cross-examination during the evidentiary hearing. Once the evidentiary stage is completed, the parties submit summations, either orally or in writing, after
which the court delivers its judgment. 7.2 Case Management Hearings
Pursuant to the Civil Procedure Regulations, most motions must be included in a consolidated list sub- mitted prior to the first pre-trial hearing. At that hear- ing, the court will either rule on the motions directly or set the manner and timing for their determination. The judge retains discretion to address the motions orally during the hearing or to issue a written decision there- after. In most complex litigation, judges hold another pre-trial hearing after the submission of the evidence, both in an attempt to find an amicable settlement that will render cross-examinations unnecessary or to set the dates on which each of the witnesses will be cross-examined. 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases. 7.4 Rules That Govern Admission of Evidence The general rule is that admissible evidence must be provided by a witness testifying about matters within their direct personal knowledge and observation. Hearsay is ordinarily inadmissible, subject to statutory exceptions. In addition, expert testimony and certain categories of documentary evidence may be admitted under spe- cific legal provisions. 7.5 Expert Testimony Parties are entitled to adduce expert evidence in support of their argumentation. The court possesses inherent discretion to appoint an independent expert on behalf of the court. Where the parties provide mutual consent, the court-appointed expert’s opin- ion supersedes those submitted by the parties. In the absence of such consensus, the court will evaluate all expert opinions presented; however, in practice, the testimony of the court-appointed expert is generally afforded greater probative weight.
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