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Frequently Asked Questions – Hague Evidence Convention Issues under Israeli Law

 
   
 

Yes, Israel has been a party to the convention since 1979. Top of Page

Israel’s central authority under the convention is the Directorate of Courts, 22 Kanfei Nesharim Street, Jerusalem, 95464 Israel. Top of Page

Yes. Under Israel’s Legal Assistance Among States Law (1998), an Israeli court may appoint a private lawyer to oversee the process of gathering evidence. Top of Page

No, in order for Israel’s Directorate of Courts to process a letter of request, the letter must be signed by a judicial official. For these purposes, counsel to a litigant is not a “judicial official.” Top of Page

Because the process involves both the Directorate of Courts and an Israeli court, it should be assumed that the work of the DOC and the court in summoning witnesses will typically take at least six weeks from receipt by the DOC of the signed letter of request. Top of Page

No, but Israeli law does permit American-style depositions in the context of a letter of request under the Hague Evidence Convention. Top of Page

Israeli law as to privilege is similar (but not identical) to the law of many common law countries. These privileges include the attorney-client privilege and the doctor-patient privilege. Top of Page

Yes, and the Israeli witness will typically be permitted to be represented by counsel in raising such objections with the Israeli court. Top of Page