מורשת המשפט בישראל

The Jewish Legal Heritage Society

Civil Procedure in Jewish Law INTRODUCTION 1. Definition of Civil Procedure 2. The Extent of Insistence on Procedural Rules 3. The Status of the Judge in a Hearing 4. Civil Procedure and a Subject in Jewish Law 5. The Rules of Procedure in Israeli Rabbinical Courts 6. Subject and Purpose of this Book   Chapter One: THE COURT AND ITS PROCEDURES   1. Required Number of Judges 2. Times of Court Sitting 3. Setting on Court Calendar   Chapter Two: PARTIES AND THEIR REPRESENTATION   1. Who is a Party? 2. Joinder of Parties 3. Representation of Party by Another (in Cases of Multiple Parties) 4. Attorneys 5. Incompetents as Parties 6. Substitution of Parties   Chapter Three: COURT VENUE   1. Parties Who Dwell in the Same Place 2. Parties Who Dwell in Different Places 3. Agreement on Court Venue 4. Place of the Contract Making or its Performance 5. Place of Defendant’s Assets 6. Place of the Occurance Sued Upon 7. Claim in Respect of Real Property 8. Suspicion of a Party’s Gaining Undue Advantage as a Factor in Determining Venue 9. Non-Litigious Matters   Chapter Four: PLEADINGS   1. Rejection of Written Pleadings 2. Agreement on Written Pleadings 3. Statement of Claims 4. Statement of Defense 5. Counterclaim 6. Statement of Particulars in Maintenance Action   Chapter Five: SERVICE OF PROCESS   1. Execution of Service – By Whom? 2. Form and Content of the Process 3. Serving the Process 4. Refusing to Litigate 5. Non-Serving of the Process   Chapter Six: TIME OF THE HEARING   1. Fixing the Time if Hearing 2. Postponing hearings 3. Advancing Hearings   Chapter Seven: IMMEDIATE DISMISSAL OF THE CLAIM, ITS CANCELATION, POSTPONEMENT, OR ABANDONMENT 1. Immediate Dismissal of the Claim 2. Canceling or Postponing of the Claim by the Plaintiff 3. Abandonment of the Claim   Chapter Eight: FAILURE TO APPEAR AT THE HEARING   1. Non-Appearance of Both Parties 2. Plaintiff’s Non-Appearance 3. Defendant’s Non-Appearance   Chapter Nine: THE HEARING   1. Public Hearing 2. Equality of Parties During the Hearing 3. Continuity and Expeditiousness of the Hearing 4. Substitution of a Judge During the Hearing 5. Commencement of the Hearing   Chapter Ten: COMPROMISE SUGGESTION TO THE PARTIES   1. Court’s Obligation to Suggest Compromise at the Beginning of the Hearing 2. Exertion of Pressure on the Parties to Agree to a Compromise 3. Until what point is the Court Authorized to Suggest a Compromise? 4. Right of Parties to Retrace Agreement to Compromise 5. Forcing a Compromise on the Parties   Chapter Eleven: THE ORAL HEARING (ARGUMENTS)   1. Right to be Heard 2. Order of the Hearing 3. The Obligation of a Party’s Personal Presence at the Time of the Hearing 4. Hearing Arguments Outside the Courtroom 5. Arguments by Means of Interpretation 6. Obligation to Present Truthful Arguments 7. Alternative Arguments 8. Particularized Arguments 9. Retraction and Amendment of Arguments 10. Evaluation of Arguments by the Court\ 11. Oaths of the Parties 12. Summary of Arguments 13. Obligation of the Court to Repeat the Parties’ Arguments   Chapter Twelve: WITNESSES AND EVIDENCE   1. Summoning of Witnesses 2. Warning and Swearing of Witnesses 3. Eliciting Testimony 4. A Witness Retracting His Testimony 5. The Time for Producing Evidence 6. Objection to Evidence   Chapter Thirteen: EXAMINATION OF PARTIES AND WITNESSES   1. The Court as Responsible for the Examination 2. A Party’s Non-Clear Evidence 3. Examination of a Party on his Admission 4. Examination of a Party by the Other Side 5. The Court Aiding a Party in His Arguments 6. Examination of Witnesses 7. The Court Aiding a Witness 8. Court’s Initiative in Summoning Witnesses 9. Request to Examine Documents that Serve as Evidence 10. Request for Disclosure of Documents 11. Medical Examinations   Chapter Fourteen: PROTOCOL   1. Obligation to Maintain a Protocol 2. Maintenance of the Protocol – by Whom? 3. Purpose of the Protocol 4. The Need for Agreement of the Litigants 5. Amendment of the Protocol   Chapter Fifteen: THE JUDGEMENT   1. Obligation of the Judge to Determine the Case 2. Negotiation Among the Judges 3. The Time for Filing the Judgment 4. Form and Content of the Judgment 5. Reading the Judgment 6. Serving the Judgment on the Parties 7. When is a Judgment Capable of Execution? 8. Interpretation and Amendment of the Judges 9. Changing a Judgment in Light of Changed Circumstances 10. Ex-Parte Judgments   Chapter Sixteen: INCIDENTAL RELIEF: INTEREST, LINKAGE AND COSTS   1. Awarding Interest and Linkage 2. Costs   Chapter Seventeen: TEMPORARY RELIEF: ATTACHMENT OF PROPERTY, PRELIMINARY INJUNCTION AND NE EXEAT REGNO   1. Attachment of Property 2. Preliminary Injunction 3. Ne Exeat Regno 4. Who is Authorized to Award Temporary Relief? 5. Holding the Hearing Ex-Parte or Before all Parties? 6. Authority of the Court to Require Posting of Security   Chapter Eighteen: NON-FINALITY OF JUDGMENTS   1. New Evidence 2. Occurrence of New Facts After the Judgment 3. Existence of a Judicial Determination in a Matter of Doubt 4. New Arguments 5. Mistake in Judgment 6. New Judgment   Chapter Nineteen: THE APPEAL   1. Authority of a Court to Determine a Matter After its Determination by Another Court 2. Binding Authority of the Rabbinical High Court of Appeal 3. Waiver of the Right to Appeal 4. Appeal by Right and Appeal by Leave 5. What May be Appealed? 6. Times 7. Filing the Appeal 8. Bases of the Appeal 9. Contentious Appeals 10. Reply to Appeal and Counter-Appeal 11. Stay of Judgment 12. The Hearing on Appeal 13. Additional Evidence on Appeal 14. The Judgment on Appeal

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