Israel Civil Law Procedure Regulation ENGLISH yr 1984

CIVIL LA 11/ PROCEDURE REGULATIONS (Fourth Edition)

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CIVIL LAW PROCEDURE REGULATIONS 5744-1984

In exercise of my authority under sections 46 and 47 of the Courts Law 5717-1957 and

under section 160 of the Succession Law 5725-1965, by other powers given me under any other enactment, and - for purposes of chapter 22 below - alter consultation with the Minister of Labor and Social Welfare, I make these law procedure regulations:

PART ONE: INTRODUCTION

CHAPTER ONE: INTERPRETATION AND EFFECT

Definitions I. In these regulations -

"Court " and "Registrar" - as defined in the Courts Law 5717-1957; "decision" - a judgment and any other decision of a Court ; "form" - the text of which appears in Schedule One; "Court document" - any document that can he served or delivered under these

regulations, including a decision, decree, notification, demand and summons of a party or witness;

"chief secretary" of a Court of Law - including his deputy; "address", for purpose of serving a Court document - place name, street name, house

number and zip code, and including telephone and facsimile numbers at that address, if any; in the absence of street name and house number - another identifying mark;

"automated system" - an array of computers, by means of which the Court offices operate, and for which the Director of Courts declared, by notice in Reshumot, that it operates partly or entirely as aforesaid, beginning with the date stated in the notice;

"legally incompetent" - including a minor, as defined in the Capacity and Guardianship Law 5722-1962;

"action" - claims, applications and other matters which a party brings before a Court in one of the manners prescribed;

"affidavit" - a declaration under section 15 of the Evidence Ordinance (New Version) 5731-1971, including a written affidavit made outside of Israel before an Israel diplomatic or consular representative, or made under the Laws of the place where it was made and certified by a said representative.

Effect 2. The procedure on any civil matter brought before a Court, and also in any hearing before a Special Court under section 55 of the Palestine Order in Council 1922-1947 or in hearings on applications under that section, shall he in accordance with these regulations; however, if any other law procedure applies to any matter, it shall not he conducted under I hese regulations.

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PART TWO: PROCEEDING

CHAPTER TWO: VENUE

Action not on real estate 3. (a) An action which is not entirely of a real estate character shall he submitted to a Court, in the area of whose jurisdiction one of the following is located:

(1) the defendant's place of residence or of business; (2) the place where the obligation was created;

(3) the place where obligation was meant or intended to be fulfilled; (4) the place where the property was delivered;

(5) the place of the act or omission, which is the cause of the action. (h) If there arc several defendants, the action may he brought in any Court in

which it can he brought against one of the defendants.

Real estate action 4. An action on real estate shall he brought before the Court in whose area of jurisdiction it is located.

Agreement on jurisdiction 5. II there is an agreement between the parties on the place of jurisdiction, an action shall he brought before the Court in whose area of jurisdiction that place is located; if the parties have not agreed that the agreed place of jurisdiction shall he the exclusive place of jurisdiction, action may be brought before the Court in that place or before. another Court under regulations 3 or 4.

Place of jurisdiction in other cases 6. An action, for which neither these regulations, nor any other enactment provides the appropriate place of jurisdiction, shall he submitted to that Court in Jerusalem which has the authority to deal with that type of matter, but the Court in Jerusalem may order otherwise if - under the circumstances of the case - it finds that another Court will be more convenient for the parties.

Action on one mailer before several Court s 7. If actions on one matter were submitted to several Courts of equal authority, then the President of the Supreme Court shall decide which of those Courts has jurisdiction, and that Court shall consequently have exclusive jurisdiction and the actions before the other Courts shall he transferred to the said Court and shall be heard there together.

CHAPTER THREE: INITIATING THE ACTION

Title One: Opening of Proceeding

Opening of proceeding 7A. (a) Proceedings in a Court shall he opened by the suhmision of a claim.

(h) In a Court with an automated system proceedings shall he opened according to Form I (hereinafter: civil proceeding Opening form), which - for all intents and purposes -

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shall he an integral parts of the claim documents; for this purpose, "claim" - including a matter transferred to the Court and an appeal.

(c) In a Court said in subregulation (b) no claim shall be accepted without a civil proceeding opening form,

all parts of which are appropriately filled out in accordance with the particulars required in it as detailed in lists made public by the Director of Law Courts in Reshumot;

(2) relief not indicated by the appropriate code in the civil proceeding opening form shall not he deemed relief requested in the claim, even if it appears in the claim documents, unless the Court permitted the form to be corrected for this purpOse and the fee required according to the requested relief has been paid.

Title Tsvo: Statement of Claim

Deliver statement of claim 8. If these regulations do not include a different provision, an action shall begin by the delivery of a statement of claim to the Court.

Particulars of statement of claim 9. The following are the particulars to he included in the statement of claim, and -except for provisions in these regulations below - it shall include only these particulars:

(1) name of the Court before which the action is brought; (2) plaintiff's name, ID number, place of residence and address for the service

of Court documents; (3) defendant's name, ID number and place of residence, as far as ascertainable; (4) the fact that the plaintiff or defendant is a body corporate or legally

incompetent, and if it is a body corporate - the form of its incorporation; (5) the essential facts which are grounds for the claim, and when they arose; (6) the facts that show that the Court is qualified to hear the action;

(7) the requested relief; (8) the amount which the plaintiff agreed to set off or to waive; (9) the value of the subject under dispute, as far as ascertainable.

Address for service 10. (a) The address for the service of the document said in regulation 9 shall he -

(1) the plaintiff's place of residence - if he represents himself; (2) the office of the plaintiff's attorney - if an attorney represents him; (3) the place of residence or the place of business of a person

authorized to receive Court documents under regulation 478; however, if one of the said places is not within Israel, a place within Israel shall be indicated as address for service.

(I)) If no address, as said in subregulation (a) is indicated, the statement of claim shall not be accepted; however, upon the plaintiff's demand the Court before which the action is brought, or the Registrar, shall decide whether or not the statement of claim does or does not meet the provision on address.

Representatives of parties I I. If the action is brought by the plaintiff as a presumptive representative, or the defendant is sued as a presumptive representative, then the statement ()I claim must show whom the plaintiff or defendant preStimably represent.

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Representative of plaintiff 12. A statement of claim of a presumptive representative must show not only that the plaintiff has a real interest in the subject of the action, but also that he has done whatever is necessar y in order to he able to bring action on that subject.

Plaintiff's interest to be shown The statement of claim must show that the plaintiff has - or claims to have - an

interest in the subject of the action and that the defendant should be obligated to respond to it.

Requested relief 14. (a) In the statement of claim the plaintiff may request any relief which the Court

is authorized to grant, including an order to pay money, an enforcement order, a prohibitory injunction and a declaratory order.

(h) The statement of claim shall specify the requested relief, whether absolutely or alternatively, but there is no need to request general relief, including linkage differentials, interest, attorneys' fees and legal costs, which the Court is authorized to grant in every case at its own discretion, as if it had been requested to do so.

Relief for various claims 15. If the plaintiff requests relief for various claims or for reasons based on various arguments, the claims and arguments shall - as far as possible - be shown separately and distinctly.

Amount to be specified

16. (a) If the claim is for a sum of money, the claimed amount shall he specified exactly in the statement of claim.

(b) If the claim is for an amount that will be due to the plaintiff after the settlement of accounts under dispute between him and the defendant, the statement of claim shall specify the amount by estimate.

(c) If a claim submitted to a Magistrates Court is for compensation for bodily harm, or for indemnification or compensation for the payment of a pension, benefits or any other expense paid or to he paid because of bodily harm, then - notwithstanding the provisions of subregulalion (a) - it shall not be necessary to specify in the statement of claim the amount claimed for general damage, and regulation 9(9) shall not apply to it; if the said amount was not specified, then the claim shall he deemed to be limited to an amount no greater than the amount with which the Magistrates Court is empowered to deal.

(d) If a claim said in subregulation (a) is submitted to a District Court, without the amount claimed for general damage being specified in it as required by subregulation (a), then the provisions of the closing statement in subregulat ion (c) shall apply to it and the Court shall treat it as said in section 79 of the Law.

Civil claim derived from a criminal conviction 17. (a) A civil claim, as said in section 77 of the Courts Law (Consolidated Version) 5744-1984, shall he submitted to the Court as said in that section, it shall hear the heading "Civil Claim Derived from Criminal Conviction", and - in addition to the provisions of regulation 9 - the statement of claim shall specify the number of the Court file according to which the defendant was found guilty; the plaintiff shall attach to the statement of claim a copy of the judgment which found the defendant guilty and a copy of the judgment according to which the defendant was found guilty and a copy of the indictment.

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(b) The statement of claim shall be submitted to the Court within 30 days after the day on which the criminal judgment became final.

(c) A civil claim submitted as aforesaid shall be treated like an action.

Title Three: Summons

Forms 18. When an action is brought, to which summary procedure does not apply, the plaintiff shall deliver summons in a number double the number of defendants; a summons to Court shall he drawn in accordance with Form 2.

Contents of SI1111111011S

19. In a summons the defendant shall he required to submit a statement of defense within 30 days alter the summons has been served, or during a longer period prescribed by the Court or the Registrar.

Service of summons and statement of claim 20. A summons signed by the clerk of the Court shall he delivered to every defendant together with a copy of the statement of claim.

CHAPTER FOUR: PARTIES AND THEIR REPRESENTATIVES

Title One: Additions and Changes

Joining plaintiffs 21. All persons, severally and jointly, who claim relief for a single act or transaction or for one series of acts and transactions or as a result of one of these, may - if separate actions were brought, they would raise common questions of law or of fact - be joined as presumptive plaintiffs in a single action.

Joining defendants 22. (a) All persons, severall y and jointly, from whom relief is claimed for a single act or transaction or for one series of acts and transactions or as a result of one of these, may -if separate actions were brought against them, they would raise common questions of law or of fact - be joined as presumptive defendants in a single action.

(b) If a plaintiff is in doubt from whom he can claim, he may join several defendants, so that the question of the liability of each of the parties can he settled.

(c) It is not necessary that each defendant have an interest in all the relief claimed in the action.

Restriction on joining 23. If the Court or the Registrar finds that joining may complicate or delay proceedings, they may order separate proceedingS; or any other procedure.

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Striking out and addition of parties 24. The Court or the Registrar may - at any stage of the proceedings, upon application by a party or in the absence of such application, and on any conditions they find appropriate - order the name of a party improperly joined as plaintiff or defendant to be struck out, or that the name be added of a person who should have been added as plaintiff or defendant, or whose presence in Court is necessary in order to enable the Court to reach an efficient and complete decision on all the questions involved in the action.

Application to change party 25. An application to acid, strike Out or change a part y may he submitted to the Court or to the Registrar by motion; it may he made before the Court or the Registrar without prior notice, while the hearing is in progress.

Procedure on changing party 26. (a) If a party has been added or changed, the statement of claim shall he altered as necessary, unless the Court or Registrar orders otherwise; if a defendant has been added or changed, then a summons and a copy of the corrected statement of claim shall he served upon the new defendant, and - if the presiding judge or the Registrar think it appropriate -a copy of the corrected statement of claim shall also be delivered to the original defendants.

(Ii) When a party has been added or changed, the proceedings shall be deemed - for purposes of prescription - to have begun with the corrected statement of claim.

Judgment in favor of part of the parties 27. An action shall not be impeded only by the fact that parties have been added to it wrongly or have not been added, but the Court or the Registrar may hear the matter as far as it concerns the parties actually before them, and judgment may he given - without changes - in favor of some of (he plaintiffs who were found entitled to relief and in accordance with their rights, or against some of the defendants who were found liable and in accordance with their liability.

Title Two: Representation

Plaintiff or defendant represents other plaintiff or defendant 28. (a) When there are several plaintiffs, one or several of them may be authorized by one or several of the others to appear, present arguments and act in any proceeding in their name; the same holds true for the authorization of one defendant by another.

(J) Authorization shall be in writing, signed by the authorizing party and attached lo the file.

One represents all interested parties 29. (a) If a large number of persons is interested in an action, then some of them may - upon application by a plaintiff, if they are plaintiffs, and upon application of a plaintiff or a defendant, if they arc defendants, and with permission of the Court or the Registrar -represent all interested persons in that action; if the other interested parties did not know of the action, the Court or Registrar shall inform them of its submission by personal notification or by public announcement, if personal notification is impractical for any reason satisfactory to (he Court or the Registrar, as the Court or the Registrar shall order in each instance.

(h) Any person represented in an action in the manner said in suhregulation (a) may apply to the Court or the Registrar to make him a party.

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Representation of body corporate 30. If a party is a body corporate, then its manager or one of its officials, who was properly authorized for this purpose, may do in the name of the body corporate anything which the body corporate would be able to do, were it an individual.

Representation by Attorney General 31. II' the Attorney General or his representatives arc authorized by any enactment to represent a person in Court on any matter, then they are also authorized - notwithstanding any Court procedure regulation - to initiate a proceeding in his name, to submit in the represented person's name any application to a Court, just as the represented person himself would have been able or obligated to do under any enactment.

Title Three: Legally Incompetents

Custodian and close friend 32. (a) A legally incompetent may sue by a custodian or by a close friend; he may also defend himself in law by a custodian.

(b) The Court or the Registrar authorized to hear the action may appoint a guardian ad litem for a person in need of a guardian, to represent him fully in all proceedings before the Court.

Joining legally incompetent 33. A legally incompetent shall not he joined as a plaintiff, unless he has a guardian for that action, and no person shall he joined as a guardian ad litem in the legally incompetent's name without his guardian" written agreement.

Interruption ()I' action in absence of guardian 34. If the plaintiff is a legally incompetent who has no guardian or whose guardian is abroad, then the plaintiff shall apply to the Court or the Registrar immediately after action is introduced that they appoint a guardian ad litem for the defendant; if he proposes a specific person as guardian ad litem, he shall attach that person's written agreement to his application; the plaintiff must not continue the action until a guardian as aforesaid has been appointed.

Arrangement, compromise and payment in action against legally incompetent 35. If a legally incompetent - or another person on his behalf - brought a claim alone or together with others, then no arrangement, compromise or receipt of monies paid to the Court Treasury - whether before, during or after the action is heard - shall he effective in any connection with his claims, unless the Court approved it; no money collected or adjudged in respect of his claims - whether by way of judgment, arrangement, compromise, payment to the Court Treasury or in any other manner - shall be paid to the plaintiff's representative unless the Court so ordered.


Title Four: Change of Parties

No adjournment as long as cause exists 36. An action shall not be adjourned because one of the parties died or went bankrupt, as long as the cause of action remains; if one of the parties died between the conclusion of hearings and the sentence, the action shall not be adjourned even if the cause no longer exists, but judgment may he pronounced.

Change of owners 37. An action shall not be prejudiced because a property was transferred or disposed of in the course of the hearings, or because a right or an interest was disposed of, transferred or created in a property, and the Court or the Registrar may allow the action to be continued by or against the person to whom the property or the right has come.

Court order to continue

38. If a party died or went bankrupt or if his property was disposed of by force of law, the Court or the Registrar may order - if they so find necessary in order to settle fully all questions related to the matter - that some or all the administrators of the estate, the heirs, the trustees or any other proxy of the party become parties, or that notification be delivered to them in the manner prescribed below and on the conditions found appropriate by the Court or the Registrar, and they may order the case to continue as they see fit.

Continuation order may be given ex parte

39. When it appears necessary to join a new party or to alter the status of a party -whether for the causes said in regulations 36 to 38, or because an interested person was found after the case began - then an order to continue the case between the parties - those continuing and those which are new - shall be given ex parte on an application submitted to the Court or the Registrar by one party and based on the contention that the entitlement or the obligation was transferred or disposed of to an interested person found as aforesaid.

Service of order given ex parte

40. An order made under regulation 39 must he served - as long as there is no different instruction from the Court or the Registrar - on the continuing parties and on each new party, together with notification in accordance with Form 3, unless the applicant himself is the only new party, and - from the said delivery - the order shall obligate the persons to whom it was delivered, subject to regulations 42 and 43.

Statement of claims by new or additional party

41. (a) The administrator of the estate of a deceased person or his heir, who became a party under regulation 39, may submit an additional statement of claim due to the transfer of rights to him.

(h) The official receiver or a trustee in bankruptcy, who became a party under regulation 39, may submit an additional statement of claim, whether or not due to the transfer of the bankrupt's rights to him.

(c) The statement of claims submitted under suhregulation(b) shall take the place of (he original statement of claims; if no new statement of claims is submitted, the old one shall remain in effect.

(d) A statement of claims under this regulation must be submitted within 30 days after the day on which the order was made, if it was made on application by a new party, or within 30 days after the day on which it was served on him, if not made on his application.

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Right to apply for cancellation of order 42. A person on whom an order said in regulation 3' ► was served or his guardian may apply to the Court or the Registrar within 30 days after the service - if the order was made by them - to cancel or alter the order, and if he is a legally incompetent who has no guardian he may do so within 30 days after the day on which a guardian ad litem was appointed for him, and before the 30 da y period has passed the order shall not be in effect for that person.

Entitled person who does not continue 43. If a party died and the cause of action remains, but the person entitled to continue does not do so, then the defendant or the party against whom it was possible to continue may apply to the Court or the Registrar to obligate the entitled party to continue. the action within a prescribed period; if he does not continue, judgment may he given in favor of the defendant or of the person against whom it was possible to continue.

CHAPTER FIVE: GROUNDS, CLAIMS AND THEIR UNIFICATION

Action shall include full relief 44. (a) An action shall include all the relief to which (he plaintiff is entitled for the grounds for the action, but a plaintiff may waive part of the relief in order to bring an action within the area of a Court's jurisdiction.

(Ii) If a plaintiff has not included or has waived part of the relief, he shall not subsequently bring another action for that part.

Failure to claim one of many reliefs 45. II a person is entitled to several reliefs, he may claim all or some of them; however, if he did not claim all of them, he shall not subsequently claim a relief which he has not claimed, unless the Court permitted him to do so.

Unification of grounds for action 46. (a) A plaintiff may unite several grounds in one action, whether against one or against several defendants; several plaintiffs may unite several actions in which they have a joint interest, whether against one or against several defendants - all, as long as there is not other provision on the matter.

(h) The action of joint plaintiffs may be united with the separate actions of some or all of those same plaintiffs against the same defendant.

(c) When grounds have been united, then Ihe jurisdiction of a Court shall depend on the amount or value of all subjects of the action on the day of its submission.

Claims by or against proxy 47. (a) The claim by or against a person in his capacity of manager of estate, trustee or other proxy shall not he joined to another claim against him personally, except by permission of the Court.

(b) The provisions of suhregulation(a) shall not apply to the claim by or against a manager of an estate, if the other claims arose on the subject of the same estate in connection with which he made a claim or a claim was made against him, or if they are claims to which he is entitled or in respect of which lie is obligated together with the deceased person, whose estate he manages.

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Separation of hearings 48. If the Court or the Registrar Finds - at their own Mitiative or on the defendant's application - that there is no convenient way of hearing or deciding together on grounds that have been united in one action, it may order the action to be limited to those grounds which may conveniently be heard or decided together, or the hearings to be separated, or the hearings to be held in some other manner that seems suitable to them, and it also may order the changes connected therewith.

CHAPTER SIX: STATEMENT OF DEFENSE AND OTHER ARGUMENT

Title One: Statement of Defense

Submission of statement of defense 49. A defendant required to submit a statement of defense shall do so within the time set in the summons.

Address for submission 50. In his statement of defense the defendant shall indicate his ID number and an address for the delivery of Court documents, which shall he -

(1) the defendant's place of residence, if he appears in his own name; (2) the office of the defendant's attorney - if an attorney appears for him;

(3) the place of residence or business of the person appointed as qualified to receive Court documents tinder regulation 478.

Defense of possessor in action on real estate .5 . In an action on real estate the person who submits a declaration that he is in possession of that real estate - whether himself or through tenants - may appear - with permission of the Court or the Registrar - to defend himself, even if he was not listed as a defendant in the action and if no summons was delivered to him; having received permission to appear and to defend himself, he shall submit a statement of defense in response to the plaintiff's claim, and he shall be listed as a defendant in all subsequent proceedings.

Title Two: Set Oil and Counterclaim

Defendant's right to set off and to counterclaim 52. A defendant may set off every right and claim against the plaintiff's claim, or to submit (hem in a counterclaim, whether or not they concern monetary damage; a set off or counterclaim shall have the same effect as a counter action, and a Court may give final judgment both on the original claim and on the counterclaim.

Counterclaim and count (Tres pm mse 53. When a defendant takes his stand on an argument that can be the basis of a counterclaim, he shall explicitly state in his statement of defense that he does so by way of a counterclaim; the provisions that apply to a statement of defense shall apply to the response

- to a counterclaim.

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New defendants in counterclaim 54. If the defendant raised a counterclaim in his statement of defense, which raises questions between him and the plaintiff together with others, he shall specify in the title of his statement of defense - in the manner required for statements of claim - the names of all persons who would be specified as defendants if the counterclaim had been submitted by way of a counteraction, and he shall submit his statement of defense to the Court in order to have it delivered to all those among them who are not yet parties to the action, and that during the time during which he was required to submit his statement of defense in response to the plaintiff's statement of claim.

Delivery of copy to new defendant 55. If a party was added by a conterclaim, as said in regulation 54, he shall be asked to submit a statement of defense by being served a copy of the statement of defense and of counterclaim, together with a summons in accordance with the regulations that regulate the delivery of Court documents to the defendant; the statement of defense and counterclaim shall be treated like the statement of claim with which the action was begun.

New defendant to submit statement of defense 56. A person who is not yet a party and who was served a said statement of defense and counterclaim shall submit a statement of defense as if the statement of defense and counterclaim were a statement of claim, and if he does not submit a statement of defense he shall be treated like a defendant who did not submit a statement of defense.

Counterclaim in interrupted action 57. When a defendant has raised a counterclaim, it may he heard even if the plaintiff's claim was stayed, interrupted, quashed or dismissed.

Claim against unlawfully joined defendant 58. If a person was joined unlawfully or unnecessarily as a plaintiff and a defendant raised a counterclaim, then the defendant may pursue the counterclaim against the other parties - except for that plaintiff - notwithstanding the unlawful joining and notwithstanding any consequent proceeding. ^411'

Application to quash counterclaim 59. If a defendant raised a counterclaim and the plaintiff - or:onot her person specified in the above manner as party to the counterclaim - argues Ilidt it should not be decided by way of a counterclaim, but rather as a separate action, hO' may .4 at any time before the statement of response is submitted - apply to the Court to tittatili thej counterclaim or to (mkt- a separate hearing, and after hearing the application the

C. pr Registrar may order as they

find just.

Adjudgment of balance 60. if a counterclaim has been proved and a balance was found to be to the defendant's credit, the Court may adjudge the balance to the defendant, or grant him other relief to which he is entitled.

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Title Three: Statement of Response and Additional Arguments

Statement of response to statement of defense 61. A plaintiff may submit a statement of response to a statement of defense; the time for its submission - unless extended by the Court or the Registrar - is, in a District Court, within 15 days after the day on which the statement of defense or the last statement of defense when there arc several defendants was delivered to him, and in a magistrate's Court within 8 days as aforesaid; if the plaintiff did not submit a statement of response the substantial facts specified in the statement of defense shall be deemed to have been denied and to he in disput e.

Statement of response to counterclaim 62. If a counterclaim has been submitted against a plaintiff, he shall submit a statement of response to it at the times specified in regulation 19.

Additional pleadings 63. No further pleadings shall be submitted after the statement of response, unless the Court or Registrar so permitted on conditions deemed appropriate by them.

New reasons and arguments 64. No new claim argument is to be raised in the statement of response, and no argument of fact is to be raised which does not agree with the same party's previous arguments.

Addition of particulars upon the Court's requirement 65. The Court or the Registrar may at any time require additional and more detailed particulars of any matter mentioned in or related to pleadings, and it may require factual particulars to he submitted by affidavit: it may also make orders on costs and other matters derived from its demand for additional particulars, as it sees fit.

Granting time for finding additional particulars 66. If particulars were delivered in response to an application by a party, that party shall be allowed time to submit pleadings after the delivery of the particulars, equal in length to the time at his disposal when he asked for the particulars, unless an order by the Court or the Registrar prescribes otherwise; except for the provision of this regulation, an order to deliver particulars does not stay proceedings or give an extension, unless it includes a different provision.

CHAPTER SEVEN: PLEADINGS - GENERAL PROVISIONS

Title One: Form and Content

;Iullinlission of pleadings 67. Pleadings shall be submitted by delivery to the Court, in order to be attached to the action file, and a sufficient number of copies must he submitted for the Court and for service on each of the opposing parties, and those shall be served according to the addresses for the delivery of Court documents; it is . n4t. necessary to deliver a copy to a party who has authorized another party to sue or to defend on his behalf.

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Form of pleadings 68. Pleadings shall he printed or t ypewritten on onl y one side of smooth sheets of white paper, with right hand margins of at least live centimeters, in which two holes shall be punched at a distance of 8cm from each other.

Technical objection 69. No technical objection shall be raised against pleadings, based on any fault in form.

Labeling of pleadings 70. Pleadings shall he titled with the appropriate name, hear the number of the action file and the date of its submission, and be signed by the submitting party, and - if prepared by an attorney - by the attorney.

Pleadings shall specify only substantive facts and not evidence 71. (a) Pleadings shall only contain a presentation of the substantive facts on which die party bases his claim or defense, as the case may be, but not the evidence to prove them.

0-9 If necessary, pleadings shall be divided into numbered sections; dates, amounts and numbers arc to be expressed in numerals.

Dependence on different facts

72. (a) If a party bases his pleadings on different arguments based on separate and different facts, he shall explain them - as far as possible - separately and distinctly.

(b) Pleadings shall not include alternate factual arguments against the opposing party, unless their proponent declares that the actual facts are not known to him; the provisions of this regulation shall not prevent alternate legal arguments.

New defense argument 73. A defense argument, which was found by the defendant after the action was brought or by the plaintiff after the statement of defense that includes a counterclaim was submitted, may be used in the statement of defense or in the statement of response, as the case may be.

Legal provision 74. (a) If pleadings argue that a legislated obligation has been violated, they shall cite the enactment that is the basis for the claim.

(b) Pleadings may cite any legal provision on which the party proposes to base his argument, but a party shall not be prevented from basing himself on a legal provision because he did not cite it in his pleadings.

List and contents of documents 75. (a) A party shall list in his pleadings - or in an attached list - all the documents on which he bases himself, whether or not they are in his possession.

(b) If the contents of a document play a substantive role in a case, the pleadings must include the text of that document or of its relevant sections, or they must he attached.

Argument of substantive notification 76. When anyone argues that notification was made to anyone concerning some fact or matter, and if the argument is substantive to the case, it shall suffice that the person claims it to he a fact; however, if written notification was given, the text of that written notification must he quoted in, or attached to WC . pleadings.


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Argument of intention or knowledge 77. When anyone argues the presence of bad faith, intention to defraud, knowledge or similar allegations of a person's thought, it shall suffice that he claims it to be a fact, and he does not have to specify the circumstances from which that can he concluded.

Argument that requires particulars 78. When any party argues the presence of false representation, deceit, malice or unfair influence, and in every other instance (hat requires particulars, the particulars and their dates shall he specified in the pleadings.

Argument of contract or tie 79. Whenever it is to be concluded from a series of letters or conversations or other circumstances that there is a contract or tie between parties, it shall suffice that the party argue (he existence of that contract or tie, basing himself generally on the letters, conversations or other circumstances, without specifying them; if he proposes to base his case alternatively on several contracts or lies derived from those circumstances, he may do so.

Precondition SO. A party does not have to specify in his pleadings that a certain precondition, which is necessary for his case, exists; if a party wishes to argue that that precondition does not exist, he must raise that point explicitly in his pleadings, or else it will be understood from all the pleadings that all (he necessary preconditions for his case exist.

Lawful assu ► ption {I. In his pleadings a party does not have to argue a point of fact which by Law is in his favor, or on which the burden of proof rests on the opposite side, unless that point of fact was previously explicitly denied; for example - the existence of consideration for a hill of exchange, the plaintiff arguing on the strength of the bill alone without citing the consideration as a fundamental reason for his suit.

Identification of real estate 82. (a) In an action on real estate the statement of claim shall include a description of the real estate, enabling it to be identified, as far as possible by borders or by numbers in the Lands Register or by a map, and if there is a claim from any side to register an interest in real estate, then a map of the real estate, certified by the Survey Department, must be attached to the statement of claim; if (he subject under consideration is a registered parcel, the Court or the Registrar may exempt from submission of a map and may order a certified copy of the registration in the Lands Register or some other method of identifying that parcel to he submitted.

(h) When a certified map has been submitted, a copy of it shall be delivered to the party that opposes the registration of all or part of the real estate, and the Court or the Registrar may make any order it finds appropriate on the expenses involved in the preparation, verification and delivery of the map.

Silence means agreement 83. Any argument as to fact, which has not been denied explicitly or implicitly in a statement of defense or statement of response, or about which disagreement has not been expressed shall be deemed an agreed argument, unless it was raised against a person who is legally incompetent; however, the Court may - at its discretion - require that said facts he proven otherwise than by the said agkement.


21

Damages do not require rebuttal 84. Notwithstanding the provisions of regulation 83, there is no need for rebuttal on the amount of damages, and this shall always be deemed to be in dispute unless explicitly agreed to, whether or not a statement of defense or a statement of response has been submitted.

Explicit denial 85. A general denial shall not suffice, and a party must explicitly deal with every argument of fact, the truth of which he does not accept, except for arguments on damages.

Full denial 86. When a party in his pleadings denies an argument of fact made by the opposing party he shall not do so evasively, but must answer to the point; for example, if it has been asserted That he has received a certain sum of money, it shall not suffice to deny that he received that amount, and he must deny that he received that amount or any part of it, or else state what amount he did receive; if the argument was circumstantial, it shall not suffice that he deny it only in connection with those circumstances.

Denial of a party's right as presumptive representative 87. If a party wishes to deny another party's right to make a claim as a presumptive representative - whether in a bankruptcy or in another matter - or if he wishes to deny the existence of a partnership or a partner's right to make a claim on its behalf, he shall deny those things explicitly.

Denial of contract 88. If a statement of claim argued the existence of a contract, then the general denial, by the opposing party, that a contract existed means the denial that an explicit contract existed or the denial of facts from which the existence of an implicit contract can be concluded, but it does not mean denial of the contract's legality or of its existence from the legal point of view.

Contradictory arguments and surprise arguments must be explicit 89. A plaintiff or a defendant, as the case may lie, must present in his pleadings everything which can show the action or the counterclaim to be baseless, or that the transaction is void or can be voided legally, and also every defensive or responsive argument which - if it was not included in the pleadings - can surprise the opposing party or which can raise questions of fact which do not stem from the previous pleadings, such as deceit, prescription, discharge, payment, performance or facts that reveal an illegal act.

Denial where admission is in order 90. If the Court concludes that an argument of fact, which was denied or not admitted, should have been admitted, then it may make any order it finds just in connection with excessive expenses caused by the denial or the non-admission.

Title Two: Amendment of Pleadings

Order to amend 91. (a) The Court or the' Registrar may, at any time, order any matter in pleadings to he struck out or amended, if it is unnecessary or shameful or likely to interfere with,


confuse or delay an orderly hearing of the action. The Court or the Registrar may also order pleadings, in respect of which the provisions of these regulations were not observed, to be struck out or amended.

(b) A party may request the Court or Registrar to make an order as said in subrcgulation (a) only after he requested the other party - within 15 days after the last statement of defense or of response was delivered, whichever was later - to correct or strike out the matter or the pleadings.

Permission to correct 92. The Court or the Registrar may, at any time, permit each of (he parties to change or correct his pleadings in a manner and on conditions that appear just, and every such correction shall he carried out as necessary in order to enable the Court to reach a decision on the questions which really are the questions in dispute between the parties. The correction or addition of a factual argument requires submission of an affidavit Ihat certifies the facts.

Submission of corrected pleadings 93. Corrected pleadings shall he submitted within IS days, if the Court or Registrar did not set another time.

Response to corrected pleadings 94. When a party has submitted corrected pleadings, die opposing party shall respond or correct his own pleadings without asking permission, and that within the period at his disposal at that time for the submission of his pleadings or within 15 days after the day on which the corrected pleadings were delivered to him; whichever is later, unless the Court or the Registrar set another time. The correction or addition of a factual argument requires submission of an affidavit that certifies the facts.

No response to correction 95. II the opposing party submitted his pleadings before a correction was delivered to him, and if he does not respond to the correction or does not correct his pleadings within the said lime, he shall be deemed to take his original pleadings to he the response to he correction.

No correction after order 96. When a party was granted an order permitting a correction, and he did not make (he said correction within the set time, he shall not be permitted to make the correction after the said time unless the Court or the Registrar extended it.

Title Three: Judgment in the Absence of a Defense

Defendant did not submit statement of defense 97. (a) If a defendant did not submit a statement of defense within the set period, Then the Court or the Registrar shall make a judgment in his absence on the basis of the statement of claim alone; if the claim was not for a fixed amount of money, then the Court may - for special reasons that shall be recorded - require from the plaintiff full or partial proof of all or part of his claim before judgment is pronounced; if the claim was heard by a Registrar and if the Registrar finds that judgment should not be given without hearing witnesses, he shall transfer the case CO the Court.

(b) The defendant shall not be summoned to the hearing, even if the plaintiff is

CIVIL LAW PROCEDURE REGULATIONS (Fowl/i Edition) 23

required to furnish proof, unless the Court so ordered for special reasons which shall he recorded.

Some defendants did and some did not plead 95. A sentence in the absence of a party as said in regulation 97 may he executed without prejudice to the plaintiff's right to continue the action against defendants who did submit statements of defense.

Plaintiff who did not submit contrary response ()9. A plaintiff who did not submit a contrary response shall he treated lice a defendant who did not submit a statement of defense.

CHAPTER EIGHT: PAYMENT AT THE THRESHOLD

Striking out in limine 100. The Court or Registrar may, at any time, order the statement of claim against some or all the defendants to be struck out in limine, for one of these reasons:

(I) the statement does not show cause for a claim; (2) it appears to the Court or the Registrar, h om the statement, that the claim

is a nuisance or vexatious; (3) the value of the subject tinder dispute is missing and the plaintiff did not

correct the statement within the set period; (4) the fee paid is insufficient and the plaintiff did not pay the required fee

within the set period.

Dismissing in limine 101. (a) The Court or the Registrar may, at any time, dismiss an action against some or all the defendants, for one of these reasons:

(1) a verdict; (2) lack of jurisdiction;

(3) any other reason which convinces it that the action against that defendant can he dismissed in limine.

(h) The Court or Registrar shall not accept an application to dismiss for lack of jurisdiction, if it finds that the matter should he transferred to a qualified Court, in accordance with section 37 of the Courts Law 5717-1957.

CHAPTER NINE: INTERROGATORIES AND DISCLOSURE OF DOCUMENTS

Title One: Admissions

Notification of admission 102. A party may make notification, in his pleadings or otherwise in writing, that he agrees to sonic or all of the factual statements of an opposing party.

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Demand to agree to a fact or document 103. (a) A party may - in a document drawn up in accordance with Forms 4 or 5 -demand that the opposing party agree to a certain fact or document, with justified reservations; such agreement shall he only in favor of the part y who made the demand and for purposes of the present action.

(b) Agreement to facts shall be drawn up in accordance with Form 6. (c) If a party refused to agree to a fact or did not agree to it within seven clays

from the day on which the demand was delivered to him, or within an additional period granted him by the Court or the Registrar, or if he refused to agree or did not agree to a document within 48 hours after he was allowed to examine it or within an additional period as aforesaid, than he shall pay the costs involved in proving the fact or document, no matter what the costs of the case, unless the Court or Registrar ordered otherwise.

(d) If there was no demand to agree to a document, the Court shall not order the payment of costs expended to prove a document, unless the Court finds that refraining from this demand saved expenses.

Permission to correct admission 104. The Court may - at any time and on conditions it finds just - allow a party to correct

his agreement to a fact or to retract it.

Title Two: Interrogatories

Disclosure by Interrogatory 105. Upon application by a party, the Court or Registrar may make an order according to Form 7, which allows him to deliver to some or all of the other parties an interrogatory drawn up according to Form 8, but he shall specify in the margin of that interrogatory, who among the other parties is required to answer which questions.

'nine for interrogatory 106. A copy of the interrogatory and notification of the application for permission shall be delivered to the interrogated persons at least seven days before the day set for hearing the application, except when the Court or the Registrar decided to forego this requirement.

Restriction On questions 107. When deciding on an application for permission, the Court or Registrar shall weigh every proposal that the interrogated person deliver particulars or agree to facts or disclose documents on some or all of the matters under consideration, and permission shall only be granted for questions on the subject under consideration, and it shall not suffice that they are admissible at the verbal cross examination of a witness.

Bodies corporate and the State 108. If the interrogated person is a body corporate, then the Court or the Registrar may, upon the interrogator's application, permit. an interrogatory to he delivered to a member or official of the bod y corporate; when the State is required to answer, the order shall show which official shall answer.

Reply by affidavit 100. (a) The reply to an interrogatory shall be by an affidavit in accordance with Form 9, and it shall he submitted within seven days from the delivery of the interrogatory or within another period permitted by the Court or Registrar.

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(b) An objection to answering a question shall he included in the affidavit of reply to the questions.

Order to reply or to reply further 110. If an interrogated person did not reply or did not reply satisfactorily, (hen the interrogator may apply to the Court or Registrar for a mandatory order that requires the interrogated person to reply or to reply further, as the case may be, and a said order may require to reply either by affidavit or by verbal interrogation, as the Court or the Registrar shall order.

Use of reply to questions I 1 1. During the hearing every party may use some of his opponent's answers to questions as proof, without submitting his other answers; however, if the Court finds that there is a connection between the other answers and the answers submitted as proof, to the point where the one most not be used without the other, it may order that the other answers also he submitted.

Title Three: Disclosure of Documents

Order to disclose documents 112. Upon application by a party the Court or the Registrar may make an order ordering another party to disclose, by affidavit drawn up in accordance with Form I I, which documents relevant to the subject under contention are or were in his possession or under his control or were located by him after he searched for them; the Court or the Registrar may refuse such application or postpone it or issue another order deemed appropriate, whether generally or for certain categories of documents.

Order to disclose certain document 113. Whether or not an order to disclose documents was made or an affidavit on documents was submitted, the Court or Registrar may - at any time and upon application by a party - issue an order in accordance with Form 12, ordering another party to disclose by affidavit whether a certain document specified in that application is or was in his possession or under his control, and if not - when it left that control and what happened to it.

Demand to examine mentioned documents 114. If a document is mentioned in the pleadings or affidavits of a party, then the Other party may require him at any time, in writing according to Form 13, to show the document to him or to his attorney for examination and copying.

Conditions for acceptance of evidence 114A. If a party fails to reveal a document that must he revealed under regulation 112, or does not respond to a demand under regulation 114, he shall not have the right to submit that document as evidence on his behalf in that action, unless the Court so permitted after being convinced that the party had reasonable justification for his refusal; having permitted the document's submission, the Court may make any order on costs and other matters.

Response to demand for disclosure of mentioned documents 1 15. (a) If a demand under regulation 114 was delivered to a party, he shall respond within seven days after its delivery according to Form 14, indicating at what time - within


seven days from the delivery of the response - the documents which he agrees to reveal may he examined or copied, whether in his attorney's office or elsewhere, and specifying the documents which he refuses to reveal and the reasons for that refusal.

(h) If a person has received a request under regulation 114 to examine the books of a hank or of a business, he niay - rather than allowing the person who made the request to examine the hooks themselves - supply him with a copy of the books' contents, certified by the manager of the hank or the business, or by the manager of the branch in which (hose books are kept; delivery of a said copy shall not prevent the Court or the Registrar from requiring the person who examined the copy and compared it with the original to verify the certification by affidavit, and to indicate there whether or not (he original hooks include erasures, additions or changes, and it shall not prevent them from ordering an examination of the original hooks.

Order to examine documents 116. If a party refused a request delivered to him under regulation 114, the Court or the Registrar may - on application by the party that made the request - issue an order for the examination and copying of the documents in the place and manner found appropriate by I hem.

Application to examine documents that were not mentioned 117. A party may apply to the Court or the Registrar for an order to examine and copy documents of a party which were not mentioned in his pleadings and affidavits; the application shall he based on an affidavit that indicates (lie examination of which documents is requested, that the applicant is entitled to examine and to copy them, and that they are in the possession or under (he control of his opponent.

Certified copies 118. Application having been made under regulations 116 or 117 to examine the hooks of a hank or a business, the Court niay order not an examination, but the delivery of copies of those hooks' contents, as said in regulation 115(b).

Title Four: General Provisions

Privilege119. If application has been made for an order to deliver a questionnaire or to examine documents, and if an argument of privilege was raised in respect of a certain question or document, then the Court or the Registrar may not accede to the application in respect to that question or document, and for that purpose it may examine the document in order to decide whether that argument is justified; the above shall not derogate from the State's right to refuse to disclose a document.

Precondition for order 120. (a) A party shall not he entitled to apply to the Court or the Registrar for an order on the delivery of a questionnaire or on the disclosure of documents, unless he approached the opposing party within 30 days after the submission of the last statement of defense or of response - whichever was later - and asked him to respond to a questionnaire or to disclose the documents by affidavit, and the opponent did not respond to the request within 30 days from its delivery to him.

(h) A Court or Registrar shall not issue an order for the delivery of a

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questionnaire or the disclosure of documents or the examination of documents, unless they hold that that is necessary in order to make fair hearings possible or to save expenses, and it may refuse permission to deliver a questionnaire or to disclose documents if the application was not submitted within 15 days after the opposing party's response under subregulation(a).

(c) The issue of an order under this regulation shall not be grounds for a delay in hearings before the Court.

Applicability to legally incompetent 121. The Court or Registrar may issue an order for the delivery of a questionnaire or the disclosure of documents against a party who is legally incompetent, or against his representative.

Violation of order 122. If a part y does not comply with an order to answer a questionnaire or to disclose documents or to allow documents to he examined, then - if he is the plaintiff - the Court or

the Registrar shall quash his action, and - if he is the defendant - the ('curl or Registrar shall quash his statement of defense and he shall be treated like a person who has not submitted a statement of defense; however, the Court or the Registrar may extend the period for compliance with the order.

CHAPTER TEN: INVESTIGATION, ACCOUNTINGS AND EXAMINATION OF ASSETS

Order on examination or accounting 123. (a) At any time after an action has been submitted, the Court may order an investigation or an accounting to be carried out, even when it appears that special or additional relief is requested or that a special issue must he heard and that - in their respect - proceedings should continue in the ordinary way; having given a said order, the Court may issue instructions and appoint persons to perform the investigation or accounting, as it sees fit.

(h) In its order for an accounting to be made and in every subsequent order the Court may issue special instructions on the manner of performing the accounting or its audit, and it ma y especially instruct that - in making the accounting - the hooks, in which the accounts under consideration were kept, shall be prima facie evidence of the truth of their contents, while giving interested opponents an opportunity to contend them as they sec fit.

Examination of asset on behalf of party 124. The Court or the Registrar may - at any time after the action has been submitted and on conditions set by them - order one party to allow an opposing party - including an expert on his behalf - to examine the asset or the object, in respect of which the action raised a question; if the party fails to comply with the order, the provisions of regulation 122 shall apply, mutatis mut andis.

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CHAPTER ELEVEN: EXPERTS

Definitions 125. In this chapter -

"expert" - a physician, medical expert, a person whose vocation is expertise on a scientific, research, artistic or professional subject;

"medical expert" - a physician designated as an expert and included in the list of physicians published under regulation 34 of the Physicians Regulations (Designation of Experts and Examinations) 5733-1973.

Expert Who consulted 12(i. An expert who gave consultation or prepared an opinion within the sphere of his expertise for any person shall not he called by the Court as expert on that matter when that person is a party.

Medical opinion 127. If a party wishes to prove a medical matter to support any of his arguments, he shall attach to his pleadings a medical certificate or an expert's opinion, as the case may he, which is drawn up under section 24 of the Evidence Ordinance (New Version) 5731-1971 (hereinafter: opinion); however, the Court or the Registrar may exempt a party from attaching an opinion, and that for special reason which shall be recorded.

Medical examination and submission of opinion on behalf of other party 128. (a) If a party has submitted an opinion on a medical matter, another party may send him - within 30 days alter the day on which the opinion was delivered to him - a written request that the subject of the opinion he subjected to examination by a physician or medical expert on his behalf; however, he shall inform the party who submitted the opinion that he will deliver to him - at his request - the opinion of the physician or medical expert on his behalf within a reasonable period after the examination.

(h) If a party wishes to take issue with his opponent's arguments, he shall submit to the Court - within 60 days after the day on which the opinion was delivered to him or within a longer period set by the Court or Registrar - an opinion on his behalf in a number of copies equal to the number of copies of his pleadings; however, the Court or the Registrar may exempt a party from submitting opinions, and that for special reasons which shall he recorded.

Opinion of expert on behalf of party 129. If a party wishes to present expert testimony on a nonmedical point to support any of his arguments, then he shall submit to the Court the opinion of an expert on that subject at the times and in the number of copies prescribed therefor in Law Procedure Regulations(Expert Testimony) 5715-1954.

Expert on behalf of the Court 13O. (a) The Court or the Registrar may - at any time and alter having given the parties an appropriate opportunity to present their arguments - appoint one or more experts on a point in dispute between the parties.

(b) Repealed

Remuneration and expenses of expert 131. (a) The Court may set an expert's remuneration and expenses and the manner


29

of paying them, and - subject to regulation 187(b) - it may impose them on the parties or sonic of them and it may prescribe the extent of participation of each of them.

(h) The Court or Registrar may, at any time, order the parties or one of them to deposit amounts deemed appropriate by the Court or the Registrar to cover an expert's remuneration and expenses, or to pay them to the expert directly, and at the end of the case the Court shall decide who shall bear those costs; if a party did not comply with instructions under this subregulation, the Court or the Registrar may quash his pleadings or postpone hearing the action until he complies with the said instruction.

(c) In hearings on custody of a minor or of his adoption the Court may prescribe that an expert's remuneration and expenses be paid by the Slate Treasury.

Powers and obligations of medical expert 132. If a medical expert was appointed by a Court or Registrar, he may require a party to make available for examination any person who should he examined in order to support his pleadings; lie may require a party to enable him to hear the opinion of the physician or medical expert who gave an opinion on behalf of the party, and to receive from any person or institution - for examination and copying - the medical records that refer to the person who should he examined as aforesaid; and he shall make any examination and hear the opinion of any said physician or medical expert, if a party so requested, and lie shall alai study the said records, if they were submitted to him on behalf of a party.

Application for instructions 133. An expert appointed by a Court or Registrar may, at any time, apply to the Court or Registrar, in writing or orally, for instructions on performance of his function.

Opinion of expert appointed by the Court 134. ( a) If an expert was appointed by a Court or Registrar, he shall submit his opinion within thirty days after his appointment, unless the Court or Registrar instructed of herwise.

(b) The opinion shall be submitted in a number of copies, as the Court or Registrar ordered, and the Court shall deliver them to the parties.

(c) A party may, in writing and through the Court, request the expert's clarification of his opinion.

Additional medical examination 135. A Court or Registrar may order a medical expert to reexamine a person whose examination is required under this title, and to submit an additional opinion; they may also order a party to make a person who should be examined as aforesaid available for reexamination by another medical expert.

Amendment of pleadings 136. Within 15 days alter the delivery to him of the expert's opinion, a party may amend his pleadings in the light of the medical opinion's contents, and that without requesting permission from the Court ; if the party is the plaintiff, he may amend the requested relief, either increasing or decreasing, expanding or narrowing it.

Violation of regulations 137. (a) If a party failed to comply with the provisions of regulation 127 or regulation 128(1)), and if the Court or...Registrar did not exempt him thereof, then the Court shall not admit medical evidence on his behalf on the subject referred to.

(h) If a party failed to comply with requests under regulation 128(a) or 132, or

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with an instruction of the Court or the Registrar under regulation 135, or if he complied insufficientl y and there was no reasonable justification for his lack of compliance, then the Court shall not admit medical evidence on his behalf on the subject referred to.

(c) If a party did not do as said in regulation 120, then the Court shall not hear evidence of an expert on behalf of that party, unless it found it right to do so for special reasons, which shall he recorded.

CHAPTER TWELVE: DIFFERENCES ()I' ()PINION

Difference of opinion and agreement 138. If parties have agreed on what point - whether factual or legal - they are divided, and That point is to he decided by the Court, then they may formulate it and agree that - after the Court has decided the issue one way or (he other - one of the following shall happen:

(I) one of them shall pa y the other an amount of money, fixed by agreement or to he set by the Court or in a manner prescribed by the Court ;

(2) one of them shall be recognized as being entitled to a certain right or liable to a certain obligation, as specified in the agreement;

(3) one of them shall deliver to the other, or to the order of the other, a certain asset, which is specified in the agreement and is in contention in the action;

(4) one of them shall perform, or shall not perform, a certain act specified in the agreement and relevant to the matter under contention in the action.

Difference of opinion and hearings on it 130. When the Court finds - having studied the matter - finds that the following three conditions apply:

(I) the agreement said in regulation 138 was duly signed by the parties;

(2) the parties have a real interest in a decision on the said question;

(3) the question is suitable for hearing and decision; it shall hear the question and decide according to the terms of the agreement.

CHAPTER THIRTEEN: PRELIMINARY HEARINGS

Authority to order preliminary hearings 14 ► . It a judge finds in connection with any action which he is about to hear, or if the president or the deputy president of any Court finds in connection with a certain category of actions, that the subject of contention and ways of hearing it should be clarified before the case is heard in order to make the hearings more efficient, simpler, shorter and faster, then they may order preliminary hearings to he held before a judge or before a Registrar who is a judge (hereinafter: preliminary judge).

Time 141. Preliminary hearings shall not be held before the last date for the submission of statements of defense has passed.

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Notification to parties 142. Notices of preliminary hearings and their date shall he delivered to the parties at least 15 days in advance.

Authority of preliminary judge 143. A preliminary judge is authorized -

(I) to examine whether pleadings are properly drawn up, to permit or order their correction, to eliminate from them anything unnecessary to the case, to clarify which questions really are disputed by the parties and to make a list of points in dispute;

(2) to decide to join or strike out parties, to notify third parties and to issue instructions on hearing an action submitted by way of notification to a third party;

(3) to decide on the provision of additional particulars, admission of facts and documents, presentation of questionnaires, disclosure and examination of documents, conduct of examinations and accountings, examination of assets, and appointment of experts;

(4) to grant temporary relict;

(5) to order a party that a witnessed called by him shall first submit an affidavit on his testimony or that a point in dispute he proven by affidavit, even if other affidavits on that matter already were submitted; if a party fails to submit a said affidavit, then (he provisions of regulation 1(M shall apply;

(6) to prescribe, after clarification with the parties, ways of proving pleadings and of deciding the admissibility of evidence, and also to issue instructions on taking testimony on the matter outside the Court's jurisdiction or abroad, and instructions on giving evidence by way of a certificate by a public official, a public document, an expert opinion or a physician's certificate, all within (heir meaning in the Evidence Ordinance (New Version) 5731-1971, instead of verbal testimony;

(7) to prescribe stages of hearing the action and the order in which factual and legal issues arc to be clarified, as well as matters to he clarified separately;

(8) to quash a claim in limine on the basis of one of the reasons said in regulations 100 and 101;

(9) to make judgment - including partial judgment - in the action, to the extent that it became clear that the defendant has no defense against the claim;

(10) to issue any procedural instruction which will make the hearings simpler and easier.

Powers under regulations 144. In the matters said in regulation 143 the preliminary judge shall have all the powers of the Court under any enactment, and he may decide them without requiring a party's application.

Pending applications 145. If applications that touch on any matter enumerated in regulation 143 were pending before the Court, then the preliminary judge may hear and decide them.

Testimony by parties 146. A preliminary judge may - on his initiative or upon application by a party - order that a party or a person ordered to appear under regulation 147 shall testily before him on some or all the matters in dispute.

Appearance 147. (a) A preliminary judge may order that a certain party - and if it is a body corporate, its director, business manager or other functionary - appear in person, all as the

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judge decides; he may also instruct that a certain party, whose presence is not necessary for the hearing, be excused from appearing.

(h) Non-appearance for preliminary hearings shall be treated like non-

appearance for the trial.

Testimony, announcement and judgment in preliminary hearing 148. The testimony and announcement of a party, recorded at a preliminary hearing, and decisions of the preliminary judge shall be treated like testimony, announcements and decisions at the trial.

Results of preliminary hearings 149. (a) If a matter was decided at preliminary hearings it shall not he reopened at the trial, and the trial shall he conducted according to decisions at the preliminary hearing, unless the Court that hears the action decides to change any of them, for special reasons which shall he recorded and when it is necessary in order to prevent injustice.

(I)) The Court or Registrar shall not entertain any application which the party could have brought before the preliminary hearing, unless they decide to do so for special reasons which shall be recorded and when it is necessary in order to prevent injustice.

Dale of hearing 1%. When the preliminary hearing has been concluded, a date shall be set for the hearing.

CHAPTER FOURTEEN: HEARINGS

Title One: Date of Hearings

Setting date for hearings without preliminary hearings 151. (a) In the absence of preliminary hearings, the date for hearings shall be set 30 days after the day set for the delivery of the statement of defense or of the last statement of defense, but the Cour( or the Registrar may set a date for hearings even it the aforesaid 30 days have not passed.

(b) The date set shall be displayed on the bulletin board of the Court or publicized in some other manner prescribed by the Minister of Justice; notification of the date shall be sent to the parties at least 15 days before the date, unless the case is urgent.

Postponement 152. (a) The Court may postpone the hearing Io a date and place, and under conditions it deems appropriate, if it finds that it is just and proper to do so; however, if it has begun to hear evidence, it shall continue to do so day after day, until all the witnesses have been questioned, unless it finds a postponement necessary, for reasons that shall be recorded.

(b) If a hearing has been postponed, the Court or Registrar shall set a date for its continuation, and they may make any order they find proper on expenses caused by the postponement.

Indefinite postponement 153. (a) The Court or Registrar may postpone hearings indefinitely, and if it has done so every party may apply to have the case 'Owned to the list of pending cases.


33

(h) If hearings have been postponed indefinitely and return of the case to the list of pending cases has not been requested within six months of the last postponement, then the Court or the Registrar may notify the parties to come and offer reasons why the action should not he quashed; if no reason satisfactory to the Court or the Registrar has been given, the action shall be quashed.

Title Two: Interruption and Renewal of Action

Interruption of action 154. (a) If a plaintiff or a defendant who submitted a counterclaim wishes to interrupt die action, or to retract part or all of his action, he shall make application to that effect to the Court or the Registrar, and if lie wishes to do so in the course of the hearings, his application may he without prior notice.

(h) The Court or Registrar may, on conditions they find appropriate, allow the applicant to do as he desires, and having done so, they shall also rule on costs.

(c) If the Court rejects the application and the plaintiff or the defendant who submitted the counterclaim did not continue the action, then the Court may dismiss it.

New action 155. If an action has been interrupted and a new action submitted for the same or a similar cause, before the costs of the interrupted action have been paid, then the Court may, if it thinks it proper to do so, order the new action to be stayed until after the said costs have been paid.

Quashing action for lack of activity 156. IF a Court is unable to hear or to continue hearing an action because of lack of activity on the part of a party, then the Court or the Registrar may - at their own initiative -notify the parties or any person determined by the Court and in a manner prescribed by it, to appear and explain why the action should not be quashed; if no reason is given to the Court's satisfaction, the action shall be quashed.

Title Three: Appearance and Argument

Nonappearance for hearing 157. The following shall he done on the date set for a hearing or a postponed hearing:

(1) if due notice was given and none of the parties appeared, the Court may -subject to this regulation - postpone the hearing to another date or quash the action;

(2) if the plaintiff appeared, but the defendant did not appear after due notice was given him, then the plaintiff may prove his claim as far as the burden of proof rests on him, and then lie shall he entitled to the requested relief and to any other suitable relief;

(3) if the defendant appeared, but the plaintiff did not appear after due notice was given him, then the Court may, upon application by the defendant quash the action or postpone it; if he submitted a counterclaim, he may prove it as far as the burden of proof rests on him, and then he shall he entitled to the requested relief and to any other suitable relief.


Procedure at hearing in the absence of agreement on Facts

158. (a) If the defendant did not agree to the facts presented by the plaintiff, the procedure shall he as follows:

(1) the plaintiff may begin presentation of his case and shall present his evidence, including written evidence, and after him the defendant may present his case and present his evidence; the Court may, at its discretion, allow the plainlil t to bring evidence in rebuttal;

(2) after the evidence has been presented the plaintiff may sum up his arguments, and after him (he defendant may sum up his arguments, unless the Court ordered -for special reasons that shall be recorded - a different order of summing up;

(3) repealed (4) if there are several plaintiffs or several defendants, then the Court

shall determine the order of their summations;

(5) repealed (6) the Court may allow a party who has summed up previously to reply

to the summing up of his opponent, if it finds that this is necessary in order to clarify the arguments presented to it.

(h) The Court may - at its own initiative or upon a party's application - require I he parties to testify before it before other witnesses testify.

Procedure at hearing when facts are admitted 159. 11 the defendant admitted the facts presented by the plaintiff and argues that - by law or by the facts presented by the plaintiff - the plaintiff is not entitled to the requested relief, then the defendant shall open and the order of argument shall he the opposite of that said in regulation 158.

Ways of summing up 160. (a) The parties shall sum up verbally, as soon as possible after the evidence was presented; however, (he Court may order that they sum up in writing in respect of the entire case or of a certain question indicated by it, and that either in addition to or in place of verbal summing up.

(h) A said order shall specify the order of summing up as said in regulations 158 and 159, whether verbal or in writing, and all other matters which, in the Court's opinion require ordering because of that order.

(c) If a said order was made, (hen the party who must sum up first shall do so within a lime set by the Court after the clay on which he received the order, and the other party shall sum up within a time set by the Court after the day on which he received the opposing party's summing up.

(d) If a party did not submit his summing up at the set time, he shall he treated like a party who did not appear at the set time for a hearing, unless the Court issued another instruction.

Agreed verdict 161. (a) If the parties agreed to a verdict according to an agreed text, the Court or

the Registrar may give the said verdict. (h) The provisions of subregulation (a) shall also apply if the parties only agreed

on subject matter, but not on costs; in this case the Court or the Registrar shall assess and prescribe costs in the verdict.


Title Four: Testimony

Admonition of witness 162. (a) The Court or the Registrar shall admonish the witness before his testimony, in a language understood by him, that he must testify only the truth and the whole truth and (hat he will be liable to punishments set by law if he does not do so; the witness shall reply that he understands the admonition and undertakes to act accordingly.

(b) If the Court or the Registrar have reason to believe that swearing the witness may help in uncovering the truth, then the Court - at its own initiative Or upcin request by a party - may swear him; however, (lie witness, having said that he does so for reasons of religion or conscience, may refrain from swearing, but declare by affirmation, unless the Court is convinced that the witness' reasons were not presented in good faith.

Swearing of clergyman or member of religious order 163. If a clergyman or a member of a religious order objects to being sworn under regulation 162(b), otherwise than by his bishop or the head of his religious order, shall go to his bishop or the head of his religious order in order to be sworn to answer all questions presented to him in Court truthfully, and when he returns with a certificate from the authority who swore him certifying that he so swore, shall be treated like a person who was sworn before the Court.

Direct, cross and redirect examination 164. The party who called a witness shall first subject him to direct examination; the other parties may then cross examine him and the party who called (he witness may then again examine him in redirect examination, on matters that stem from the cross examination.

Objection to questions 165. If there is any objection to a question put to a witness, the opponent shall give reasons for his objection and the party who wants to ask the question shall reply; the Court shall decide whether (he question is acceptable and it may, at its own initiative, and it must, if one of the parties so requested, record the question, the decision and the parties" reasoning on this subject.

Court's authority to question witness 166. At any stage of the hearing, the Court may put to the witness any question it thinks appropriate, and it may at any time recall a witness who already has testified.

Authority to have any person present testify 167. The Court may require any person present to testify or to show a document in his possession or under his control on that occasion.

Authority to require facts to be proven by affidavit 168. The Court or the Registrar may, at any time, order a party that a witness called by him shall first submit an affidavit on his testimony or that some point of fact be proven by affidavit, even if other affidavits on that point already were submitted; if a party fails to submit a said witness' affidavit under this regulation or under regulation 143, he shall not be allowed to call that witness or to prove that fact, unless the Court is satisfied - on the basis of the party's application supported by his affidavit - that the affidavit was not submitted for justified reasons.

CIVIL LA I1' PROCEDURE REGULATIONS (Fourth Edition) 36

Testimony by affidavit

169. (a) Testimony may be given by affidavit also in proceedings that are not according to a statement of claim.

(b) A witness' affidavit, submitted to a Court, shall he in place of his direct examination, but the Court may - in special circumstances - decide that the witness also testify in person in direct examination, on subjects determined by the Court.

Demand that party disclose documents 170. A party may at any time, in writing according to Form 15, demand that another party

disclose, at a hearing, documents which are in his possession or under his control.

Right to question witness immediately 171. (a) If a witness is about to leave Israel, or the Court or the Registrar are satisfied that there is another sufficient reason to take his testimony immediately, then the Court or the Registrar may - upon application by one of the parties or by the witness and at any time after the action has been submitted - take the testimony or order that it be taken by a Court official or by another person appointed for that purpose.

(b) The parties shall he informed, in a manner though( adequate by the Court or the Registrar, of the date set for taking the testimony.

(c) The testimony shall he taken in the manner in which testimony is taken in Court ; it shall he read to the witness, and if he agrees that it is correct he shall sign it, and it shall also be signed by the judge, Registrar, official or other aforesaid person; the testimony shall then he attached to the Court protocol and it shall he treated like testimony taken in Court.

(d) If objection is made to a certain question while testimony is taken as aforesaid, then the question, the objection, reasons for and against and the answer shall be recorded; the Court shall decide at the hearing whether the question is to be accepted or what shall be done with it.

Religions dignitary

172. When the testimony of a religious dignitary is required for the decision of an action, it shall be taken at his residence or at another place that appears to be convenient, or in the judge's office, before the judge or before another person deemed qualified and appointed for this purpose by the Court, and that in the manner in which testimony is taken from a witness who is about to leave Israel; the provisions of regulations 171(h) to (d) shall apply to such testimony.

Authority to examine 173. The Court has the authority to examine - at any stage of the hearings - any property

or object, in respect of which a question arose.

Protocol 174. The protocol on the matter before them shall he written by the judge or the Registrar, or in another manner prescribed by the judge or the Registrar, as the case ma y hc, whether by a recorder or stenographer appointed for this purpose, or by a recording instrument or other mechanical means.

Correction of protocol

175. Upon application by a party and after having given the other parties opportunities to have their say, the Court may at any time correct anything recorded in a protocol, even

CIVIL LAM' PROCEDURE REGULATIONS (Fourth Edition) 37

after judgment has been given, and the same holds true for the Registrar when I he protocol records a matter that is before him.

Attachment of documents 176. The pleadings and every document related to the case shall be attached to the protocol and constitute part of it.

Continuity of hearings 177. If a judge is for any reason unable to conclude hearings, another judge may treat testimony recorded under these regulations as if he himself had heard or recorded the testimony, and he may carry on from the stage which his predecessor reached.

Title Five: Summoning Witnesses

Summoning witnesses 178. (a) Alter the date has been set for an action, the Court or the Registrar shall send - upon the demand of a party - summonses to witnesses, either in order to testify or to produce documents; a summons shall specify the time and place at which the summoned person is required to appear and for what purpose; if he is required to produce a document, the document shall be described in the summons with sufficient precision, and it shall be specified there that the summoned person may have the document produced without doing so in person.

(al) A public servant shall not be summoned to give oral testimony, if his testimony can be obtained by way of a certificate of a public servant or of a public document, within their meaning in the Evidence Ordinance (New Version) 5731-1971; if the evidence is of a kind that cannot be given by a said document, then the party shall apply to the Court that it summon the public servant to give verbal testimony.

(b) If the Court informed a party that the summons requested by it cannot be served on the witness for lack of particulars or their imprecision, then the party shall deliver

n! to the Court without delay all the particulars necessary for the requested service; if he did not do so, then the Court may refrain from delaying hearings in order to summon the witness.

Security for expenses of witnesses 179. When a party asks that a witness he summoned, he shall send to the Court - before the summons is issued and during the prescribed period - an amount of money or give other securit y to the satisfaction of the Registrar or of the Court's head secretary, to cover the expenses of the summoned person on his way to and from the Court and for the day of his presence there, and on the instructions of the Registrar also an additional sum of money or other security for whatever additional days of presence that may be necessary; if the money NUS not paid or the security not given, the summons shall not be sent.

Payment of expenses or notification of deposit 180. Where the summons can be served in person, it shall be accompanied- as far as possible - by a voucher on the amount paid to the Court as aforesaid, and at the Registrar's instruction he may only he informed that the amount has been deposited and that it will he paid to him upon his appearance.


Witnesses summoned at request of prisoner 181. If a party who is a prisoner asks that a witness he summoned, and if the social services certify that at that time lie is unable to undertake to cover the witness's expenses, then (he Court or Registrar may postpone the required payment and the remuneration of witnesses and experts shall be paid by the State Treasury; amounts paid as af o resaid shall be treated like Court fees, payment of which was postponed, and the Law Court Regulations (Fees) 5736-1976 shall apply to them, 'In g alls mutandis.

Time for service of summons

182. (a) A summons shall be served long enough before the date set in it for the summoned person's appearance or for the presentation of a document, to give him adequate lime for preparation and to come to the specified place or to produce the document.

(b) If a party requested the summoning of a witness less than 15 days before the date set for hearing the case, the Court or the Registrar may refuse to issue the summons; if a summons was issued, the witness' noncompliance with the summons shall not be cause for postponing the hearing, except for special reasons that shall he recorded.

Summons to produce document

183. II a person was summoned only in order to produce a document, he shall be deemed to have complied with the summons if he causes the document to be produced, even if he himself did not produce it.

Fine of imprisonment for noncompliance 184. The provisions of section 42A of the Courts Law 5717-1957 shall apply to a person who was summoned to testify and did not appear, or was ordered to produce a document and did not do so.

Appearance until end of hearings

185. (a) A person who was summoned and appeared must come to ever y session until hearing the action is concluded, unless the Court issued another instruction.

(h) Upon application by one of the parties and after all Ilic necessary expenses were paid through the Court, the Court may require a person who was summoned and appeared to give sufficient security for his appearance at the next session or at any other session until hearing the action is concluded; if lie did not give the said security, the Conti may order his arrest..

( c) The provisions that apply for purposes ()I'megulation 184 shall apply - as far as they are applicable - also to a person who appeared according to a summons and subsequently ceased to appear without legal justification and in contravention of subregulation (a).

Release of witness because parties are absent

186. If a person arrested under the provisions of regulation 184 was brought before the Court or a Registrar while under arrest, and if - because some or all the parties are absent - he cannot testify or produce the document in accordance with his summons, then the Court or Registrar may release him against sufficient security to assure his appearance at the time and place determined by the Court or the Registrar.

Remuneration and expenses of witnesses

187. (a) When a person complied with a summons to testify in Court, the Court or the Registrar may order that he be paid (ravel expenses from his residence to the Court and back, as well as payment for his time and the costs of his stay, as the Court or the Registrar

CIVIL LAW PROCEDURE REGULATIONS (Fourth Edition) 3o)

find appropriate; if a person was summoned to testify as an expert, he shall be paid - in addition to the expenses of his travel and stay, remuneration as the Court or Registrar thinks appropriate.

(b) The Stale Treasury shall not be obligated to pay under subregulation (a) remuneration and expenses that exceed the rates stated in schedule two; this provision shall also apply to the remuneration of an expert for an examination, opinion or testimony, notwithstanding the provisions of regulation 131.

No duplicate payments 185. Before issuing an order for payment to a witness for travel expenses, time and expenses of his stay, the Court or Registrar shall find out whether orders on the said payment were made in respect of another case on the same day or postponed from the previous to the same day, whether in That Court or in another one that sits in the same locality; a witness shall not he entitled to these payments if they have been adjudged to him for another case as aforesaid.

Party is required to testify

189. As far as they can be adapted, provisions on witnesses shall apply to a party who is required to testify or to produce a document.

CHAPTER FIFTEEN: JUDGMENT AND DECREE

Delivering judgment OF other decision 190. (a) At the end of hearings in all proceedings or thereafter, as soon as possible under the circumstances, the Court shall pronounce judgment or make another decision, as die case may be; the decision shall he in writing, signed by the judges who sat in the case.

(b) The Court's decision shall be by a majority of the judges who sat in the case, but each of them may record a dissent, with his reasons for it; in the absence of a majority decision, the president of the Court shall decide.

(c) The date of the pronouncement shall be deemed the date of the decision. (d) The Court of the first instance shall give its decision no later than 30 days

after the end of the hearings; it the decision was not given by the said date, notification thereof and the reasons for it shall he communicated to the president of the Court.

Partial judgment

191. The Court may, at any stage of the hearings, issue a judgment on one of the claims in the action or on part of a claim, and to give the plaintiff part or all of the relief for all or part of the claim, or to refuse it, whenever the Court finds that the continuation of the hearings cannot change the evidence in respect of the substantial facts or the questions up for decision on the said claim or relief.

Contents of judgment 192. The judgment on an action in which a statement of defense was submitted shall include a condensed statement of the case, the Court's findings on substantial facts, the questions up for decision, the decision and its reasons.

Pronouncement of decision

193. AI the pronouncement of the Court's decision onl y the part that specifies the relief or the decision made on the matter in question shall be read out.

CIVIL LA II' PROCEDURE REGULATIONS (Fourth Edition) 4(1

Pronouncement of decision by another 194. A judge or Registrar may read out a decision made and signed, but not read out by another judge or another Registrar of the same Court.

Signing annther's decision 195. If a judge or Registrar left office after he read out a decision, but before he signed it, or if he is prevented from signing it by sonic other reason, whoever takes his place may sign it in his place.

Right of appeal 196. (a) When a Court gives a judgment, against which appeal is by permission of that Court, it shall decide in its judgment whether it permits to appeal against it or not; if it failed to do so, it shall he taken that it refused permission to appeal.

(h) If a Court gave permission to appeal immediately after judgment was pronounced, it shall he taken that permission was given in the body of the judgment.

Judgment on negotiable instrument, the original of which exists 197. (a) In an action, the reason for which is a negotiable instrument, the original of which exists, or in which a said instrument serves as evidence, judgment shall he given only after the original instrument has been submitted to the Court.

(h) The Court or the Registrar may return the instrument to the plaintiff after a rubber stamp has been affixed to it, hearing the name of the Court to which the action was submitted and the number of the action file.

Decrees198. (a) A decree may he drawn up on the basis of a decision that was given, including the number of the file, the names and addresses of the parties, the relief and other decisions on the matter under discussion, and an order on costs; the decree may be drawn up according to Form 16, and it shall be signed by a judge or Registrar; the date on which the decision is pronounced shall be the date of the decree

(h) When a decree has been delivered to a party, the decision itself shall he deemed to have been delivered to him.

Judgment on real estate 199. (a) In an action, the subject of which is real estate, the decision and the decree shall include a description of the real estate, sufficient for its identification; if the real estate can be identified by its borders or by numbers in the Lands Register or on a governmental survey map, the borders and numbers shall be specified.

(h) If the Court ordered a registration in the Lands Register, it shall specify whether or not section 12 of the Taxes (Collection) Ordinance applies to that registration; it it did not so specify, the said section 12 shall be deemed to apply to the registration, unless the opposite is proved.

Adjudication of interest 200. If a Court or Registrar obligated a party to pay interest, it shall set its rate; if it did not set the interest rate or decided that legal interest must he paid, then the maximum rate permitted under any enactment shall he paid.

Rescind decision ex parte

If an decision was made ex parte or if it was made in the absence of pleadings from the other party, and if the party against whom the decision was given applies for its rescission

CIVIL LA1VPROCEDURE REGULATIONS (Fourth Edition) 41

within 30 days after the day on which the decision was served on him, then the Court or the Registrar who handed down the decision it may rescind it, on conditions they find appropriate concerning costs and other matters, and they may - if necessary - stay or cancel its execution; if a decision, by its very nature cannot be rescinded only in respect of that party, it may also be rescinded in respect of some or all the other parties.

PART THREE: SPECIAL MATTERS

CHAPTER SIXTEEN: SUMMARY PROCEDURE

Claims by summary procedure 202. The following claims may he submitted by the plaintiff according to summary procedure:

(I) claims for a fixed sum of money, wit h or without interest, which derive from -

(a) a contract or other explicit or implicit obligation, prOvided there is written evidence thereof;

(h) an obligation to pay a fixed amount of money, its cause being an explicit legislative provision;

(2) claims of a local authority to pay a fixed amount of money due to it under any enactment - by virtue of its being a local authority - as property tax, impost, fee or participation;

(3) claims to vacate real estate or rental property to which the Tenants Protection Law (Consolidated Version) 5732-1972 does not apply, provided there is written evidence thereof.

Primmer of submission 2(13. A statement of claim said in regulation 202 shall bear the title "Summary Procedure", copies of (he documents or of accounts submitted as evidence shall be attached to it, and it shall be served on the defendant together with a summons according to Form 17.

Application for right to defend 204. When a statement of claim said in regulation 203 has been submitted, the defendant shall not defend himself unless he has applied for and was given permission by the Court or the Registrar.

Application for permission requires affidavit 205. A defendant's application concerning the right to defend shall be supported by an affidavit that specifies whether he proposes to argue against all or only part of the plaintiff's claim, and if against a part - against which; notwithstanding the provisions of regulation 522, the Court or Registrar may order, for reasons that shall be recorded, that the defendant shall not be questioned on his affidavit.

In absence of defense, judgment to be given for plaintiff 206. If the defendant or one of the defendants - within 20 days after the day on which the summons was served on him or within, jr longer period set in the summons by the Court or the Registrar - did not apply for permission to defend, or if he applied for permission to defend and the Court or Registrar refused it, then the plaintiff is entitled to receive a judgment

CIVIL LA fY PROCEDURE REGULATIONS (Fourth Edition) 42

against the defendant as said in regulation 97; if the document presented as proof under regulation 203 is a negotiable instrument, then the provisions of regulation 197 shall apply.

Attachment order 207. (a) II an application for the right to defend was submitted, then the Court or the Registrar may - upon the plaintiff's application - make an ex parte order that some or all of the defendant's assets he attached, and they may exempt the plaintiff from providing security; the application may he oral and there is no need to submit an application by summary procedure.

(h) The provisions of title one in chapter twenty-eight shall apply, mutatis mut andis, to an attachment under this regulation.

Judgment on part of the claim 208. If the defendant's defense concerns only part of the plaintiff's claim or if the defendant admits part of the plaintiff's claim, then the plaintiff is immediately entitled to receive a judgment on the part that is not in dispute, subject to any instruction the Court or

Registrar may find appropriate to issue on a stay in execution, the obligation to pay to the treasury of the Court an amount of money collected by attachment, on costs or on any other matter, and the defendant may he given permission to defend against the remainder of the plaintiff's claim.

Judgment against some defendants 209. Permission to defend may he given to some of the defendants, and a judgment under this chapter may he given against the others; the judgMent may he executed without affecting the plaintiff's right to continue the action against any defendant who received permission to defend.

Right to defend may be conditional 210. The right to defend may be accorded unconditionally, or it may he made conditional on the payment of monies to the Court Treasury, on the provision of security, on the time and manner of (lie hearing or on any other condition, as the Court or Registrar find appropriate.

Affidavit is statement of defense 211. When permission to defend has been given, the affidavit under regulation 205 shall he treated like a statement of defense that has been submitted, unless the Court or the Registrar issued different instructions.

Abbreviated hearing by agreement 212. When an application for the right to defend is heard, the Court may at the same time - with the agreement of (he parties - hold die hearing on the claim itself.

Continuation of action 213. When the right to defend has been accorded, whether conditionally or unconditionally, the Court or Registrar may issue any instruction on pleadings, issues and additional proceedings, that appears reasonable and necessary, and the Court or a Registrar who is a judge may also order preliminary hearings to he held hefore him and, having done so, he shall have all the powers of a judge at a preliminar y hearing.

Cancellation of judgment 214. The Court may - upon appikation submitted within 30 days after the day on which a judgment was served upon a defendant - cancel a judgment given under this chapter, if it


finds that an oral summons was not served or for some other sufficient reason which shall be recorded, and when necessary it may stay or cancel execution; if the judgment was made by a Registrar, then (he Registrar may also cancel it as aforesaid.

Permission to defend

215. If the Court or the Registrar cancelled a judgment under regulation 214, then they may grant the defendant the right to defend, if they found reasonable grounds for doing so On conditions which to them appear appropriate.

CHAPTER SEVENTEEN: THIRD PARTY

Notification to third parties in certain actions 216. If an action was brought by the submission of a statement of claim and if a statement of defense was submitted, then a defendant may deliver to any person - including a person who is a party to the action - third party notification in the following cases:

(1) when the defendant argues against the third party, that he is entitled to participation or indemnification from him for any relief adjudged against hint in the action;

(2) when the defendant argues against the third party, that he is entitled to relief from him in connection with the action, essentially like the relief requested by the plaintiff:

(3) when a question or issue between a defendant and a third party, which relates to the subject of the action, is essentially like the one under dispute between the plaintiff and defendant and also should be resolved between them and the third party.

Notice to third party in other actions 217. (a) In an action other than that said in regulation 216 a party may - within 30 days after the day on which the statement of claim was served on him or within a longer period set by a Court or Registrar - apply to the Court or Registrar for permission to give notice to a third party in the cases enumerated in the said regulation, as if he were the defendant.

(h) The Court or the Registrar may accede to the application after having given the other parties their say, or they may refuse it, and they may also give instructions to replace pleadings or give any other or additional instruction, as the facts of the matter necessitate.

Notification to third party when debt is paid 218. In an action under regulations 216 and 217 a party may continue the previously given notification to a third party, and - in an action under regulation 217 - he may apply to the Court for permission to make said notification also when the plaintiff has received a judgment in his favor against some of the defendants or when the debt to him already has been paid by them, but before judgment has been given in respect of the other defendants and before the question of participation or indemnification has been decided.

Notification from a third party 219. The provisions of regulations 216 and 217, as the case may he, also apply to a person on whom third party notification was served by a party or by a third party, as if he were a defendant; the same holds for...a person to whom notification was made under this regulation.

CIVIL LA IV PROCEDURE REGULATIONS (Fourth Edition) 44

Content of notification and service 220. (a) Notification to a third party shall be drawn up according to Form 18, specify the nature of the action of the party against the third party and its reasons, and shall be served on the third party; to the notification shall be attached copies of (lie pleadings submitted in the action, if they have not been served earlier; a copy of the notification shall he submitted to the Court and shall be delivered to the other parties in the action.

(b) Notification to a third party shall be served by the party - in case of regulation 216 - within the period set for the submission of his statement of defense, unless the Court or Registrar set another date, or - in the case of regulation 217 - within the period set by the Court or Registrar in their decision.

Defense of third party 221. If (he third party wishes to dispute the action submitted against the party who gave notification, or the contents of the notification to him, he shall submit a statement of defense within 30 days from the day on which (he notification was served on him, or within a longer period set by the Court or Registrar; if he did not submit a statement of defense he shall he deemed to have admitted the effect of the judgment against the party, whether reached by agreement or otherwise, and of the judgment for the opposing party.

Provisions on hearings of action and notification 222. The Court or Registrar shall - at their own initiative or upon application by a party - quash notification to a third party, if they find that it was not made in one of the instances enumerated in regulation 216, and the y may order that the subject of the notification be heard at the hearings on the action or - if They are of the opinion that its discussion then could unnecessarily complicate hearings of the action - after the action has been heard and after judgment on it has been pronounced, and for this purpose they may issue instructions on procedure in (he action and the notification, as they see fit.

Judgment conditional on notification 223. (a) The Court or Registrar, as the case may be, may pronounce judgment against (lie third party at hearings on the action, after their conclusion or after judgment on the action; however, the party who made the notification may request that the pronouncement of judgment against the third party be delayed until alter he has complied with the judgment against himself in the same action.

(b) In any case, judgment against a third part y shall only be executed with the permission of the Court or of the Director of Execution and after the party who gave the notification complied with the judgment against himself in (lie same action.

(c) If the third party did not submit a statement of defense and a judgment was pronounced against him, then the provisions of regulation 201 shall apply.