Lawsuits

Unlike other common law jurisdictions, all judicial proceedings in Israel are bench trials. This means that there is no right to a trial by jury. Different kinds of lawsuits go to different courts depending entirely on the financial sum of the claim or the specific subject matter. 

Small Claims Court

This court is designed for minor civil and consumer disputes. It involves cases such as landlord-tenant security deposit disagreements. The maximum monetary claim limit is updated annually. It offers a fast-track process where lawyers are generally not allowed to represent parties, keeping litigation costs low. 

Magistrate’s Court 

The Magistrate’s Court serves as the primary court for most civil matters. It handles all civil claims that are valued up to 2.5 million ILS. It also retains exclusive jurisdiction over disputes regarding the use, possession, and division of real estate, regardless of the property’s financial value. 

District Court 

The District court acts as the trial court for any civil claims valued above 2.5 million ILS. It also handles complex property ownership disputes and intellectual property claims, and serves as an appellate court for decisions coming out of the Magistrate’s Court. 

The High Court of Justice & State Branches 

The Supreme Court handles civil appeals by right from the District Court. However, when sitting as the High Court of Justice, it rules on the relations between branches of state, petitions against government authorities, and constitutional questions that cannot be referred to standard civil courts. 

To successfully initiate litigation in Israel, plaintiffs must typically follow a procedural timeline: 

• Pre-Action Conduct: Before filing, the plaintiff usually sends a formal demand letter. Demonstrating that you attempted to resolve the issue out of court is highly valued by Israel judges.
• Filing the Complaint: You must submit a clear statement of claim alongside your score evidence. There is usually a court fee of 2.5% of the claim amount for standard civil courts which must be paid upfront. 
• Serving the Claim: Formal delivery of the claim can be challenging. This is especially true if the plaintiff is located abroad or if the defendant is difficult to locate.
• The Defense: The defendant is given a set timeframe, usually of 30-60 days, to submit their statement of defense. 
• Pre-Trial: The court schedules a preliminary hearing to simplify issues. Israeli courts heavily favor alternative dispute resolution, and judges will frequently push parties toward formal mediation to avoid a lengthy trial.

Because Israeli courts place an incredibly high value on the “right of access to the courts,” judges are statistically very hesitant to grant an early dismissal on the threshold, even for weak claims. As highlighted in many studies, this policy heavily crowds the judiciary’s calendar. Because judges face intense administrative pressure to clear these massive caseloads quickly, they will aggressively push both parties toward formal mediation or compromise to avoid a lengthy trial.

If mediation fails, the case moves to the formal trial phase. Unlike common law systems abroad, trials in Israel do not happen in one continuous block of days. Instead, hearings are spread out over several months.

• Evidentiary Hearings: Both parties present their witnesses and experts. Cross-examinations are conducted directly in front of the judge.
• Summations: After evidence is presented, attorneys submit written or oral closing arguments summarizing their legal positions.
• The Verdict: The judge reviews the files and issues a comprehensive written ruling.

A standard civil trial in the Magistrate or District Court generally takes between 1 to 3 years from the initial filing to the final judgement. The time is dependent on the complexity of the evidence and court scheduling availability. 

• The Language Barrier: All official court pleadings and evidence must be submitted in Hebrew. If your contracts or emails are in English, they usually require Hebrew translations to be admissible. 
•  Is Your Case Financially Viable: Before rushing into court, you must first evaluate the economic viability of a legal case in Israel. In some legal areas like torts or labor law, your legal chances might be high, but court fees and litigation costs could actually outweigh the final payout. 

Unlike some jurisdictions where the losing party automatically covers all of the winner’s legal bills, Israel courts award very conservative, nominal legal fees. Because the losing party rarely faces a penalty that reflects the true market cost of the litigation, plaintiffs face very little financial risk when filing low-probability or nuisance claims. For a foreign litigant, this means you must build a strategy that accounts for the fact that you may not fully recover your legal expenditures, even if you win the case.

Winning your court case is only half the battle. If the defendant refuses to comply with the judge’s ruling, you should take action to enforce the verdict.

Israel operates a centralized judgment enforcement system known as the Execution Office. Through this governmental body, plaintiffs can apply for various sanctions against non-compliant debtors. These sanctions can include bank account freezes, asset seizures, and travel restrictions. 

If you already hold a court ruling from outside of Israel, our firm can assist you through the formal legal process of domesticating and enforcing foreign court rulings in Israel to collect your debts locally.  

Our law office specializes in representing international clients in complex commercial litigation, contract disputes, and administrative law. Don’t navigate the complex Israeli landscape alone. 

At Decker, Pex, & Levi, our litigation department is headed by our founding partner, Attorney Michael Decker. A member of the Israel Bar Association since 2008, Michael has over fifteen years of experience in commercial law, corporate disputes, and civil litigation. 

Michael has successfully represented multinational businesses and individuals across all levels of the Israeli court system. His experience extends to the Supreme Court, where his petitions have successfully led to legislative changes. Contact Michael Decker and his team today for a professional evaluation of your civil claim.