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The Magistrates’ Court
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See:
Courts Law [Consolidated Version], 5744-1984, Sections 43-53.
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In Israel there are twenty-nine Magistrates’
Courts.
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In Israel there are twenty-nine Magistrates’
Courts. Approximately 220 judges serve in these courts.
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Jurisdiction:
The Magistrates’ Court sits as a court
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of first instance in criminal and civil matters.
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Criminal matters: Magistrates’ Courts hear criminal
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cases, subject to certain exceptions, from
offences, the penalty for which is only a fine, up to offences punishable
with imprisonment not exceeding seven years. Magistrates’ Courts may hear
criminal cases of offences punishable with imprisonment exceeding seven
years, at the decision of a District Attorney, but the Court may not impose
a sentence of imprisonment exceeding seven years.
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Civil matters: In regard to civil matters, the
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Magistrates’ Courts deal with the following:
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civil claims (other than claims relating to immovable property) where
the amount of the claim or the value of the subject matter does not exceed
one million Israeli shekels at the filing of the claim. This sum may be
increased by order of the Minister of Justice in consultation with the
President of the Supreme Court, and confirmed by the Knesset’s Law and
Justice Committee;
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counter-claims to a civil claim, as prescribed by law;
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claims concerning the possession or use of immovable property, or the
partition of immovable property, or the partition of the use, of immovable
property, whatever the value of the subject-matter of the claim, excluding
claims concerning long-term leases and other claims relating to immovable
property.
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Judges:
Magistrates’ Courts are usually composed
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of a single judge. The Magistrates’ Court sits
with three judges if, in respect of a particular matter, the judge dealing
therewith or the President of the Magistrates’ Court direct that the proceedings
shall be before three judges.
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Appeal:
Judgments of the Magistrates’ Court are
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appealable to the District Court as of right;
other decisions of the Magistrates’ Court in civil matters are appealable
to a District Court where leave to appeal has been granted by a District
Court judge.
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Family Court
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The Magistrates’ Courts serve also as Family
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Courts. By virtue of the Family Courts Law, 5755-1995
the court has been assigned jurisdiction in matters of personal status,
and in regard to civil claims between family members or in regard to the
estate of a family member, where the action is founded upon a dispute within
the family. In regard to family-related matters and civil claims between
family members, the court’s jurisdiction is not limited by the sum or the
value of the claim.
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Judgments of the Family Court are appealable
to the
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District Court and are heard by a single judge.
Appeals on judgments in matters of paternity, maternity, adoption, custody
rights and the return of abducted children are heard by a panel of three
judges.
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Small
Claims Court
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See: Courts
Law [Consolidated Version], 5744-1984, Sections 59-67.
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Magistrates’ Courts, empowered in this regard by
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the Minister of Justice, serve as Small Claims
Courts.
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Powers:
The Small Claims Court hears civil claims
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filed by a plaintiff individual (as opposed
to a company) for sums not exceeding 8,000 Israeli shekels or for the giving
of an order for the exchange of a commodity, its repair, or the cancellation
of a transaction, where the value of the commodity, the repair, or the
sum of the transaction does not exceed 8,000 Israeli shekels. The Minister
of Justice may amend this sum with the confirmation of the Knesset’s Law
and Justice Committee. The Small Claims Court also hears counter-claims
upto this sum or for such orders. The Small Claims Court may not deal with
claims that are within the exclusive jurisdiction of another court.
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Claims that are within the jurisdiction of the
Small
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Claims Court need not necessarily be filed
in the Small Claims Court. They may equally be filed in the Magistrates’
Court.
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If the Small Claims Court considers the hearing
of a
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case to be unsuitable for the Small Claims
Court or if the plaintiff has already filed in the same court five claims
that year, it may decide not to hear the case or counter-claim and transfer
it to the Magistrates’ Court. |
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Procedure:
The Small Claims Court is not obliged |
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to follow the rules of procedure and evidence
which are regularly applied in the courts, and it operates as it sees fit
in order to reach a just and swift decision. |
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Representation:
Parties to a hearing in the Small |
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Claims Court represent themselves. A party
may not be represented by an attorney unless the Court has assented thereto
and for special reasons that are specified. |
Appeal:
A judgment of the Small Claims Court is |
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appealable before the District Court, if leave
to appeal is granted by a District Court judge. The appeal is heard by
a single judge. |
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Municipal
Court |
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See:Courts
Law [Consolidated Version], 5744-1984, Sections 54-58. |
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In the places designated by the Minister of
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the Magistrates’ Court also serves as a Municipal
Court. The Municipal Court is competent to try a person in regard to offences
committed under the Municipalities Ordinance, the Local Councils Ordinance,
the Planning and Building Law, 5725-1965, and the regulations, orders and
bye-laws enacted in their regard, as well as offences committed under the
laws specified in the Third Schedule of the Courts Law [Consolidated Version],
5744-1984. |
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Traffic
Court |
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See: Traffic
Ordinance (New Version), Sections 25-26. |
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A traffic judge, whether appointed for a limited
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period or permanently, is appointed in the same fashion
as a Magistrates’ Court judge and has the status and powers as are vested
in judges of Magistrates’ Courts. |
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The Traffic Court is competent to hear cases
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regarding the commission of traffic offences, and offences
relating to vehicles, as specified in various laws. |
Judgments of the Traffic Courts are appealable,
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generally, before a single District Court
judge. |
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Tenancy
Tribunal |
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See: Tenants’
Protection Law [Consolidated Version], 5732-1972, Sections 138-149. |
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A Tenancy Tribunal is comprised of a Magistrates’
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Court judge sitting alone, its place of session
prescribed by the Minister of Justice. The judge may designate, from a
list of experts provided by the Minister of Justice, an expert to submit
an opinion on a matter under consideration by the Tribunal. The Tenancy
Tribunal is competent to hear cases concerning the rent of dwellings and
of business premises, the reduction of rent, and services and repairs in
regard to leased property. A judgment of a Tenancy Tribunal is appealable
in the same way as any Magistrates’ Court judgment. |
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Execution
Office |
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See: Execution
Law, 5727-1967. |
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Judgments or other decisions of the Courts and
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the Tribunals in a civil matter can generally
be executed by the Execution Offices. The judgment creditor may submit
to any Execution Office an application for the execution of the judgment
against the debtor. |
At every Magistrates’ Court, there is an Execution
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Office, headed by a Chief Execution Officer.
Every Judge and Registrar of a Magistrates’ Court is vested with the powers
of a Chief Execution Officer. |
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