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PROSECUTION PROCESSESLitigation Procedure
Anyone appealing to the Beit Din will file his lawsuit at the Beit Din’s offices. In the statement of claim the plaintiff will elaborate the facts underlying the lawsuit and the assistance he is demanding (for a detailed description see Judicial Proceeding).
When the lawsuit is filed the plaintiff will sign a bill of arbitration, which authorizes the Beit Din to rule in the matter. The importance of the plaintiff and defendant’s signing the bill of arbitration is in making the Beit Din’s statutory arbitrator status binding.
The Stages Between Filing the Lawsuit and the First Hearing
After the lawsuit has been filed the Beit Din will turn to the defendant and invite him to argue the case before them. A summons is sent to the defendant, as well as a copy of the statement of claim and the bill of arbitration that he must sign. The rest of the Beit Din’s documents are also sent to him. A summons is sent to the plaintiff as well.
The Time Leading Up to the First Deliberation
In cases where both sides have reached agreement, the Beit Din’s administrative office will schedule the soonest possible date, about two weeks after the pleadings have been submitted.
In cases where only the plaintiff has pled, the deliberation is scheduled to take place about 40 days after the lawsuit is filed. The defendant will be asked to sign the arbitration bill within 14 days, and to submit a statement of defense within 30 days. After the defendant has responded to the Beit Din’s summons, a reminder will be sent to the plaintiff regarding the commencement of the deliberation at the scheduled time.
In Cases Where the Defendant Refuses to Appear in Court
In cases where the defendant refuses to appear in the rabbinical court, the court may issue a writ of prohibition against the defendant in which it permits the plaintiff to actualize his rights in any way necessary, including by appealing to civil courts.
In cases where the defendant agrees to litigate according to Torah law, but chooses a different court, the Eretz Hemdah - Gazit rabbinical court, with the plaintiff’s consent, will transfer the deliberation of the lawsuit to that court.
The Validity of the Court’s Decision
The court’s decision has halachic validity, as well as legality vested in it by the arbitration law. Therefore, when it is necessary, it is possible to validate the court decision in district court, as well as to implement it in the execution office.
The court’s legal fee is1,25% of the plaintiff’s claim, and no less that 500 NIS.
If the Beit Din makes use of an expert, both sides will cover the cost of the consultation.
If, for any reason, the deliberation does not take place, the legal fee will be 200 NIS.
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