Yes, Israel has been a party to the convention since 1979.
Israel’s central authority under the convention is the Directorate of Courts, 22 Kanfei Nesharim Street, Jerusalem, 95464 Israel.
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.
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.”
No, a letter of request in English is acceptable.
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.
Prior to 2021, Israeli civil procedure rules did not include the option of a pre-trial deposition. The rules were amended (effective Jan. 1, 2021) to allow depositions upon the agreement of all parties.
Even prior to 2021, Israeli law has permitted – and continues to permit – American-style depositions in the context of a letter of request under the Hague Evidence Convention.
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.
Yes, and the Israeli witness will typically be permitted to be represented by counsel in raising such objections with the Israeli court.