What does delay mean?
Delay in the legal sense means performing a legal action after a significant period of time that may lead to a certain violation of the rights of the parties to the legal process.
Do not confuse delay with Claim of limitationWhileStatute of Limitations Establishes a list of cases in which the litigant will be barred from filing a claim after a certain period of time (i.e., the claim may be Eliminated outright), there is no similar provision relating to delay.
On the other hand, the courts interpret the meaning of delay according to the circumstances of the case, and it is possible that in certain circumstances a delay will lead to the dismissal of the proceeding, but in the majority of cases a delay will lead to a specific and focused decision regarding the rights of the parties to the proceeding, or at least with respect to one of them (for example: due to a delay by one of the parties, the opposing party is granted relief in proving one of its claims).
אם בוחנים את טענת ההתיישנות לעומת שיהוי אז לרוב טענת ההתיישנות היא טענה "חזקה" יותר.
In practice, if one of the parties raises a claim of statute of limitations in his pleadings, the claim of delay will usually be detailed later and will be an alternative claim. In this way, a party who raises these claims increases the chance that the court will accept at least part of his claims and leniently treat him in some way.
Why might a delay in filing a request for leave to appeal or a request for temporary relief lead to the dismissal of the proceeding?
When it comes to temporary relief, this usually arises due to a certain urgency. For example: a litigant wishes to file Civil lawsuit or Financial claim and asks Seize the bank accounts of the defendant because the plaintiff fears that the defendant will siphon off the funds to third parties, and the plaintiff will not be able to get reimbursed from the defendant after receiving verdict.
If the plaintiff submits his application for Temporary relief Long after the claim is filed, this may be considered a delay, as such requests should be filed as soon as possible. This delay may cost the applicant their application being denied.
If the applicant did not submit the application as soon as possible, from the court's perspective this may be a sign that the application is not really necessary or that there is no need to grant it.
The same is true with respect to a request for leave to appeal. Sometimes a request for leave to appeal is filed against a decision that is decisive in a matter that may be very time-sensitive. That is, as time passes, the decision for which leave to appeal is sought becomes theoretical and not necessary. In these cases, if Request for leave to appeal If submitted late, the application will be rejected.
Court ruling
לפניכם פסיקת בית המשפט המחוזי (רע"א 60381-03-25 ולרי ויסיאגין נ' אריק בן חמו) שממחישה מדוע חשוב לפעול מהר ולא להתמהמה בהגשת בקשות:
The applicant's conduct with regard to the application in question is clearly one of procrastination and extreme delay. As is known, a delay in filing a request for leave to appeal is sufficient to justify its rejection. (רע"א 6861/21 מדינת ישראל – בי"ח זיו נ' פלונית (קטינה) [נבו] (2.1.2022), כבוד השופט (כתוארו אז) י' עמית, פסקאות 6-5; רע"א 6819/15 אהרן נ' רובע 1 בע"מ [נבו] (18.12.2015), כבוד השופט נ' סולברג, פסקאות 37-36, 40). Not only that, but this is the case if it is a request for leave to appeal regarding a temporary relief.
In this regard, it was determined that the mere delay in submitting a request for leave to appeal a decision regarding interim relief justifies its rejection. (רע"א 8873/05 בנק לאומי לישראל בע"מ נ' אלחדף [נבו] (20.9.2005), כבוד השופטת ע' ארבל, פסקה 6). This rule is in line with the prevailing rule regarding delay in a request for interim relief, according to which, as is well known, the delay itself is sufficient to justify the rejection of the request for interim relief. (ראו מתוך רבים: רע"א 6024/17 אברהמי נ' עיריית בני ברק [נבו] (3.8.2017), כבוד השופטת א' חיות, פסקה 4; רע"א 9410/16 אלג'לאד נ' אבו חמדה [נבו] (29.12.2016), כבוד השופט י' דנציגר, פסקה 7). הטעם לכך הוא פשוט, כי די בעצם השיהוי בהגשת הבקשה "כדי להעיד על אי נחיצותו של הסעד" (רע"א 8716/15 מימון נ' רייטר [נבו] (28.12.2015), כבוד השופט נ' סולברג, פסקה 24).
In addition to the significant delay in all matters concerning the applicant's conduct in the proceedings in question, as detailed above, there is no reason to interfere with the decision of the lower court. As is known, the issue of granting temporary relief is at the discretion of the trial court, and therefore the appellate court generally does not interfere with decisions in these matters, except in exceptional cases, such as if it is found that this is necessary to prevent injustice or irreversible damage...
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The request was rejected.
In conclusion
According to customary law, a litigant must exhaust his rights inGood faith And without detracting from the harm to the opposing party. Sometimes when a party delays, it may cause harm to the opposing party or make the hearing of his claim or request unnecessary.
In these cases, the court may dismiss the request outright and determine that the delay of the party who filed the request indicates that there is no urgency or need to hear the request on its merits.
