ISRAEL Law and Practice Contributed by: Nir Kehat, Sivan Wulkan Avisar and Iyar Yariv, Arnon, Tadmor-Levy
A judgment of the Supreme Court is final and cannot be appealed. 10.2 Rules Concerning Appeals of Judgments There are exceptional cases in which the trial court grants permission to appeal as part of its decision; however, in all other cases, leave to appeal must be requested from the appellate court. The appellate court has wide discretion whether to grant permission to appeal. 10.3 Procedure for Taking an Appeal An appeal by right must be filed within 60 days of ser- vice of the judgment. Along with the notice of appeal, the appellant is required to deposit security to secure the respondent’s costs and to serve notice of such deposit on the respondent. 10.4 Issues Considered by the Appeal Court at an Appeal The appellate court does not conduct a de novo hear- ing but rather reviews the decision of the lower court. New evidence may be admitted on appeal only if the party requesting the admittance of new evidence can show that it could not, with reasonable diligence, have been discovered and presented at first instance, and if its admission is necessary to prevent a miscar- riage of justice. New legal arguments may likewise be advanced, subject to the court’s discretion. 10.5 Court-Imposed Conditions on Granting an Appeal The court may condition the hearing of an appeal or motion for leave to appeal on the deposit of security for costs, usually up to approximately USD10,000 (for an appeal to the Supreme Court). 10.6 Powers of the Appellate Court After an Appeal Hearing The appellate court may: • affirm the decision appealed against, either on the same grounds or on different grounds; • annul the decision and order a new hearing; • remit the matter to the lower court for completion; or
• issue an additional or alternative decision, where necessary.
11. Costs 11.1 Responsibility for Paying the Costs of Litigation Throughout the proceedings, each party typically bears its own costs. The claimant is obligated to pay court fees, and where a court-appointed expert is retained, the parties ordinarily share the expert’s fees equally. Upon conclusion of the matter, the court makes a determination regarding costs: customarily, the suc- cessful party is awarded costs against the unsuccess- ful party. The award of costs remains within the court’s discretion and usually represents only a fraction of the actual costs incurred. A cost order may be contested as part of an appeal against the judgment. 11.2 Factors Considered When Awarding Costs In determining costs, the court takes into account a range of factors, including the complexity of the case, the duration of the proceedings, as well as the extent to which the parties contributed to or hindered the efficient conduct of the proceedings. Additional considerations may include the outcome of the case, any evidence of bad faith, and whether there was an abuse of process. 11.3 Interest Awarded on Costs Where the court orders reimbursement of document- ed expenses, such amounts are typically subject to linkage and interest from the date they were paid. However, where the court awards a lump sum for costs (as is more common), linkage and interest accrue only from the date on which the costs were to be paid according to the judgment.
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