.


coteret


Jurisdiction:

Judges

Appeal

Family Court

Small Claims Court

Municipal Court

Traffic Court

Tenancy Tribunal

Execution Office



  The Magistrates’ Court
   
  See: Courts Law [Consolidated Version], 5744-1984, Sections 43-53.
   
  In Israel there are twenty-nine Magistrates’ Courts.
 
In Israel there are twenty-nine Magistrates’ Courts. Approximately 220 judges serve in these courts.
 
 
  Jurisdiction: The Magistrates’ Court sits as a court
 
of first instance in criminal and civil matters.
   
  Criminal matters: Magistrates’ Courts hear criminal
  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.
   
  Civil matters: In regard to civil matters, the
  Magistrates’ Courts deal with the following:
   
-
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;
-
counter-claims to a civil claim, as prescribed by law;
-
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.
   .
  Judges: Magistrates’ Courts are usually composed
  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.
   .
  Appeal: Judgments of the Magistrates’ Court are
  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.
   
   .
  Family Court
   
  The Magistrates’ Courts serve also as Family
  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.
   
  Judgments of the Family Court are appealable to the
  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.
   
   .
  Small Claims Court
   
  See: Courts Law [Consolidated Version], 5744-1984, Sections 59-67.
   
  Magistrates’ Courts, empowered in this regard by
  the Minister of Justice, serve as Small Claims Courts.
   
  Powers: The Small Claims Court hears civil claims
  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.
   
  Claims that are within the jurisdiction of the Small
  Claims Court need not necessarily be filed in the Small Claims Court. They may equally be filed in the Magistrates’ Court.
   
  If the Small Claims Court considers the hearing of a
  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.
   
  Procedure: The Small Claims Court is not obliged
  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.
   
  Representation: Parties to a hearing in the Small
  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
  appealable before the District Court, if leave to appeal is granted by a District Court judge. The appeal is heard by a single judge.
   
   .
  Municipal Court
   
  See:Courts Law [Consolidated Version], 5744-1984, Sections 54-58.
 
  In the places designated by the Minister of Justice,
  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.
   
   .
  Traffic Court
   
  See: Traffic Ordinance (New Version), Sections 25-26.
   
  A traffic judge, whether appointed for a limited
  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.
 
  The Traffic Court is competent to hear cases
  regarding the commission of traffic offences, and offences relating to vehicles, as specified in various laws.
  Judgments of the Traffic Courts are appealable,
  generally, before a single District Court judge.
   
   .
  Tenancy Tribunal
   
  See: Tenants’ Protection Law [Consolidated Version], 5732-1972, Sections 138-149.
   
  A Tenancy Tribunal is comprised of a Magistrates’
  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.
   
  . 
  Execution Office
   
  See: Execution Law, 5727-1967.
   
  Judgments or other decisions of the Courts and of
  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
  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.