Three legal areas / Abuse of legal process

Abuse of legal process

Assessing possible abuse of legal process requires a defined procedural act, its context, party submissions, and judicial decisions. A procedural defect does not by itself establish abuse.

7 articles

Articles in this section

01

The procedural act

Record its date, stated purpose, supporting material, and alleged effect on the other party.

02

Legal framework

Examine the civil procedure rules and separately the rules governing enforcement proceedings.

03

Finding or allegation

Distinguish what a registrar or court decided from what a party alleges or remains unresolved.

Legal framework

Procedure, affidavits and lawyers' duties

01

Good faith in proceedings

The Civil Procedure Regulations, 5779-2018 (regulations 3 and 4) require parties and their counsel to conduct proceedings in good faith and fairly, and the court may sanction abuse of procedure.

02

Affidavits

Under section 15 of the Evidence Ordinance [New Version], 5731-1971, an affidavit is made before a lawyer or judge, who must first warn the declarant to tell the truth and that a false statement is punishable. The lawyer attests that the declarant signed before them.

03

Enforcement proceedings

Proceedings under the Execution Law, 5727-1967 are conducted before a registrar of the Enforcement and Collection Authority. Before most enforcement steps the debtor must be served with a warning, and disputes about service are decided by the registrar.

04

Lawyers' discipline

Section 61 of the Israel Bar Association Law, 5721-1961 defines disciplinary offences, including conduct unbecoming the legal profession. The Bar's district ethics committees examine complaints, and the Professional Ethics Rules, 5746-1986 add specific duties.

A general summary for orientation, not legal advice. The binding text is the current version of the law.