Can a small claims action be filed for personal injuries?
Created at: 13/01/2025Yes, a small claims lawsuit can be filed for personal injury. However, it should be noted that compensation will not exceed NIS 38,900 (as of January 2024). Such claims are filed without a stated sum, as the extent of the damage will be definitively assessed only within the proceedings (by medical experts and the court); […]
Is a refund of the filing fee for a small claims action permissible upon dismissal of the claim?
Created at: 13/01/2025Reimbursement of the filing fee depends on the procedural stage. The guiding principle is that the court will not order a refund of the filing fee except in exceptional circumstances. This also depends on the stage at which the request to dismiss the claim is made (for example, if a hearing has already been held, […]
What documents are required to be included in a small claims court action for personal injury damages?
Created at: 13/01/2025What documents should be attached to a small claims lawsuit for personal injury? Any document supporting the claim’s allegations, including: Consistent medical records related to the alleged injury; Documents supporting psychological harm (wherever emotional distress and/or pain and suffering are claimed); Documents supporting past or future loss of earnings (such as a payslip showing the […]
Is it permissible to file a small claims action jointly with other individuals (who will also be plaintiffs)?
Created at: 13/01/2025Yes. Multiple plaintiffs are permitted in the same case, provided all are private individuals and the total claim does not exceed the statutory limit (NIS 38,900, as of January 2024).
Is the plaintiff obligated to serve the defendant with the complaint?
Created at: 13/01/2025Generally, no. It is the court clerk’s responsibility to effect service of the writ and summons on the defendant (and also on the plaintiff). However, the plaintiff may not remain passive: if the court clerk has not served the defendant with the writ within 60 days of the scheduled hearing, the plaintiff must serve the […]
How do I address the judge?
Created at: 13/01/2025Addressing the Judge: The judge should be addressed as “Your Honor” or “Mr./Madam Justice” in the third person. For example, if referencing a prior order, instead of saying “You ordered…”, one should say “Your Honor ordered…”. When addressed by the judge, or addressing the judge directly, stand, speak respectfully and courteously (formal language is not […]
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