Filing a defense within 60 days of receipt Claim (and not from the date of filing the statement of claim with the court secretariat), this is an obligation imposed on the defendant by virtue of the Civil Procedure Regulations that came into effect in 2021 (the new regulations). Until these regulations came into effect, in most cases the deadline for filing a statement of defense was only 30 days, which led to many requests for an extension to file a statement of defense, very close to the end of the 30 days available to the defendant.
In order to prevent additional extension requests, the legislature decided to allow filing a defense within 60 days, but in practice it is still possible to submit a request for an extension of time for filing a defense, so in practice there may be cases in which Defense Will also be submitted after 60 days.
Filing a defense within 60 days – the legal source
המקור החוקי להגשת כתב הגנה תוך 60 יום קבוע במסגרת תקנה 9(ב) לתקנות סדר הדין האזרחי, תשע"ט – 2018, אשר קובעת כך:
(on) A defense shall be filed within sixty days from the date of service of the statement of claim. to the defendant, and in a claim involving medical negligence, the defense will be filed within 120 days from the date the claim is served on the defendant; The court may extend the aforementioned deadlines if it is convinced that there are reasons justifying this.
Please note that this regulation also applies to claims involving medical negligence and states that in these cases: Filing a defense will be made within 120 days. Medical malpractice claims are more complex claims, which usually involve significant amounts of money, and require the filing of Expert opinion, and therefore allow the defendant more time to prepare and file a defense, and again, with the aim of preventing or reducing future requests for an extension of time to file. Statement of defense in a financial claim Or civilian.
Filing a defense in a speedy hearing
There is another procedure mentioned in the Civil Procedure Regulations, which is called Quick discussion. מדובר בתביעה המוגשת לבית המשפט בסכום שאינו עולה על 75 אלף ש"ח. במקרים אלה מערכת בית המשפט נוקטת בהליך מזורז יותר, אשר אחד ממאפייניו הוא הגשת כתב הגנה תוך 45 ימים, ולא תוך 60 ימים.
This matter is regulated within the framework of Regulation 80(a) of the Civil Procedure Regulations, which states as follows:
(a) A defense in the expedited hearing track shall be filed within forty-five days from the date the statement of claim is served on the defendant.
Filing a defense in a lawsuit to evict a tenant
A lawsuit to evict a tenant is a shortened procedure that aims to combat the phenomenon of tenants who do not pay rent and do not vacate the apartment. As part of this procedure, all that can be claimed is the eviction of unruly tenants. As part of a separate lawsuit, you can claim financial compensation for the damages that the tenant caused you (non-payment of rent, damage to the apartment, non-payment of bills, etc.).
Filing a defense in this proceeding will be done within 30 days. This is stipulated in Regulation 81(b), which states as follows:
(b) A defense in a lawsuit to evict a tenant shall be filed within thirty days from the date of service of the lawsuit.
Filing a defense in a small claims case
Another popular procedure is small claims. Small claims are not governed by the Civil Procedure Code because lawyers are not permitted to represent in this procedure, which is intended for people without legal training. For this reason, the rule regarding filing a defense within 60 days does not apply to this procedure.
הוראת הדין הרלוונטית לצורך הגשת כתב הגנה במסגרת תביעה קטנה זוהי תקנה 4(ב) לתקנות שיפוט בתביעות קטנות (סדרי דין), תשל"ז-1976. תקנה זו קובעת כך:
(b) In a summons, the defendant will be summoned File a defense within 30 days of the date of service of the order., and to appear for trial on the date specified in the summons – if he has filed a defense as stated.
This means that filing a defense in a small claim will be done within 30 days of receiving the invitation (which is attached to the claim).
What happens if a defense is not filed within 60 days?
If the defendant received the statement of claim but did not bother to file a statement of defense The plaintiff is not obligated to send the statement of claim to him again. Or remember him.
To the extent that the plaintiff has a delivery confirmation signed by the defendant (or in certain cases a delivery confirmation signed by a person related to the defendant), the plaintiff may apply to the court and request to receive verdict In the absence of a defense, that is, the verdict will be given based solely on the statement of claim.
In the vast majority of cases, the court will grant the request and it will indeed be granted. Judgment in the absence of a defenseAfter receiving the judgment, the procedure ends and the plaintiff may, within 30 days from the date of the judgment, resort to enforcement proceedings, if the defendant does not comply with the provisions of the judgment.
In the event that the defendant receives a judgment in the absence of a defense, he has two options:
It is better to start with a request to annul a judgment in the absence of a defense because the very filing of this request extends the deadline for filing an appeal, until after the decision on the request for annulment. This is stipulated in Regulation 137(c) of the Civil Procedure Regulations, which states as follows:
(c) The deadline for filing an appeal against a decision given ex parte, regarding which a request for annulment was submitted under Regulation 131, shall be counted from the date of filing of the decision in the request for annulment.
Filing a defense within 60 days – court rulings
Filing a defense within 60 days is an important obligation that has been the subject of numerous court rulings (Example of a defense letterThe courts have also previously referred to the various procedures and relevant deadlines for filing a defense.
במסגרת תא"ח 32844-03-20 טטיאנה משצ'נינובה נ' ישראל אהרוני (פסק דין מיום 15.10.2020) It was determined, among other things, as follows:
המועדים להגשת כתבי טענות מדורגים במעין "סולם" או "פרמידה" שבקצה העליון שלה פינוי המושכר:
A. In the basic stage – the deadline for a defense in a regular procedure, in a matter other than medical negligence, is enshrined in Section 9(b) and is 60 Day from the date of invention. This is a generous, and relatively relaxed, date. Given the wording of the section, which provides relatively broad discretion for extending the deadline.
B. In the interim stage – there is a deadline for filing a defense in a speedy hearing, which is not a leased eviction, which is set at 45 days from the date of filing. See Section 80(b) – entitled Special Provisions and Appointments.
C. At the final and highest stage – at the top of the pyramid, the deadline for filing a defense in a lawsuit to evict a tenant is only 30 days from the time of filing, according to Section 81(b) of the new regulations.
A party who does not comply with the provisions of the law and does not act to file a defense within 60 days risks the legal secretary not accepting the defense for the case. In such a case, the court will not necessarily overturn the legal secretary's decision. This issue is reflected in the תאד"מ 8971-09-21 ראמז חמאד נ' דוד המאירי (Decision dated November 26, 2021):
כתב ההגנה הוגש באיחור: טוען הפונה, כי "בכל הכבוד הראוי – ובלשון העם: כתב הגנה הוגש באיחור ?, אז ?" (סעיף 23). הוא מטעים זאת בכך שכל עוד לא ניתן פסק דין והתיק פתוח, אין מניעה מקבלת כתב הגנה בכל עת. הפונה חולק – במרומז – גם כן על סמכותו של המזכיר המשפטי להורות על דחיית קבלת כתב הגנה מאחר ולא הוגש במועד (סעיף 26). למעשה, הפונה אינו חולק על העובדה לפיה המסמך הוגש באיחור, אלא תוהה לעניין הנפקות של כך.
With all due respect, I cannot accept this thesis proposed by the applicant. According to Regulation 9(b) of the regulations, a defense must be filed within 60 days. From the date the statement of claim is served on the defendant, and in a claim involving medical malpractice, the statement of defense will be filed within 120 days. In an expedited hearing track, the statement of defense will be filed within 45 days.
In my opinion, the period granted for submission is mandatory. Exceeding it requires the permission of the court. [ראו תקנה 9(ב) סיפה, עת נאמר: "בית המשפט רשאי להאריך את המועדים כאמור אם השתכנע כי קיימים טעמים המצדיקים זאת", ובכלל, ראו תקנה 176(ב): "… נקבע בתקנות אלה או בכל חיקוק זמן לעשיית דבר או להימנע מעשיית דבר או מדד להיקף כתב טענות, יחול האמור כל עוד בית המשפט לא הורה אחרת מטעמים מיוחדים".
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This and more. It seems that the importance of an initial document in a proceeding, such as a defense, cannot be overstated. When it is not submitted for one reason or another, the flow of the proceeding is delayed with all the attendant consequences. Although the parties often reach direct agreements between themselves to allow time for its submission (and they remain outside the walls of the court), let us not forget that there is another vertex in the legal process – the court, whose workload is heavy and whose time is no less valuable than the time of the parties. Meeting deadlines is of utmost importance.
In conclusion
Filing a defense within 60 days is mandatory under the Civil Procedure Regulations, which came into effect in 2021. Filing a defense within 60 days is possible within the framework of Civil lawsuit or Financial claim In an amount exceeding 75 thousand shekels.
If it is a claim within the framework of a speedy hearing or a small claim, the deadlines for filing a defense are 45 days and 30 days, respectively.
It is important to be familiar with the provisions of the law in order to know in which cases action must be taken to file a defense within 60 days and in which cases the deadline for filing a defense is shorter or longer (for example: a response to a request for approval can be filed Class action lawsuit within 90 days). It is also important to know what to write in a defense letter, including Preliminary arguments.
Anyone who is unfamiliar with the provisions of the law risks receiving a verdict without a defense. In such cases, the defendant will have to provide weighty explanations and arguments in order for the verdict against him to be overturned, otherwise he will be forced to file an appeal to a higher court, and even then there is no certainty that the appeal will be accepted.
Submission Defense without a lawyer It is also possible.
Frequently Asked Questions Regarding Filing a Defense within 60 Days
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In what cases is filing a defense within 60 days possible?
Filing a defense within 60 days from the date of service of the statement of claim is possible in claims conducted under ordinary law (claims over 75,000 shekels).
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What happens if a defense is not filed within 60 days?
In such a case, the defendant may receive a judgment in the absence of a defense.
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What happens if filing a defense within 60 days is not possible?
Sometimes situations arise where it is not possible to file a defense within 60 days, for example, in the event of illness of the defendant or his attorney. In such a case, a short extension to file a defense can be requested. Usually, this extension is coordinated with the plaintiff's attorney (at the very least, his position should be accepted).
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Is filing a defense within 60 days also relevant for a small claim?
No, in a small claim, a defense must be filed within 30 days.
