Authorities

 Israel - Central Authority (Art. 2) and practical information
Address

Central Authority(ies):

the Director of Courts

Contact details:

Address:

The Director of Courts
Directorate of Courts
Legal Assistance to Foreign Countries
22 Kanfei Nesharim
POB 34142
Jerusalem 95464
Israel

Telephone:

+972 (2) 655 6847

Fax:

+972 (2) 655 6887

E-mail:

[email protected]

General website:

https://www.court.gov.il/heb/home.htm
http://index.justice.gov.il/Pages/default.aspx

Contact person: Adv. Liat Youssim
Languages spoken by staff:

English, Hebrew

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. No prior authorisation needed.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into French, English and Hebrew. However, a translation to Hebrew or English will help to speed up and facilitate the processing of the request.

Please note that requests intended for residents of the Palestinian Authority should be directed through the Director of Courts. This authority forwards the requests to the Palestinian Authority. However, the Palestinian Authority has issued regulations for the requests for inhabitants of the areas under Palestinian Authority jurisdiction:

a. The requests are to be translated into Arabic and Hebrew.
b. The request will include the full name (four names) of the recipient.
c. The request will include the Identification Number of the recipient.
d. The request will include the full address as far as possible.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Israel has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

Less than 2 months on average.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed (no declaration).

Information about domestic rules on the taking of evidence: 

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Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

A list is required. The questions should be specific enough to be addressed in court.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No, unless requested by the requested authority.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

No.

Can the witness be made subject to further examination and recall?

Yes, but a second request is necessary.

Are there sanctions for non-appearance of witness?

Such witness might be subject to the contempt of court legislation, and a compulsory attendance order may be issued against him.

Must interpreters who assist with the witness examination be court-certified?

No.

How is the testimony transcribed?

The testimony is printed.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. See Competent Authority.

Article 17

Applicable. See Competent Authority.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. There is nothing in the Convention to exclude a video-link. This new medium seems to be covered by the Convention as much as any other pre-existing medium.

Technology used:

Secured video-link.

Level of interpretation required:

The relevant authority relies on the parties or their counsel for the interpretation.

Simultaneous or in sequence interpretation:

Sequence interpretation.

Interpretation required in which jurisdiction?

Only required in the requested State.

Who pays for the interpretation?

The court.

How would a request for evidence be handled if witness not willing?

It has never happened before.

Chapter II

Are there legal obstacles to the use of video links?

No. There is nothing in the Convention to exclude a video-link. This new medium seems to be covered by the Convention as much as any other pre-existing medium.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

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Useful links:

The Judicial Authority

(This page was last updated on 18 June 2014)

Conventions