Judgment in the absence of defense – in which cases can it be obtained?

What is a default judgment?

verdict In the absence of a defense, it is usually a judgment given when the party did not defend itself against the lawsuit, that is, did not file a defense. Defense On the date specified in the provisions of the law. Claims over 75 thousand shekels must be submitted Defense within 60 days From the date of receipt of The statement of claimOn the other hand, within the framework of A lawsuit in a speedy trial (Fast-track hearing) A defense must be filed within 45 days of receiving the lawsuit.

However, failure to file a defense is not the only case in which a judgment can be obtained in the absence of a defense, and this article will review additional cases in which it will be possible to demand a judgment in the absence of a defense, even if the defendant actually filed a defense.

Judgment in the absence of a defense – in a situation where no defense is filed

As already noted, the most common case for receiving Judgment in the absence of a defense It is indeed a situation in which The defendant did not file a defense.In order to avoid this situation, it is advisable to file a defense at all costs, even if it has been prepared and submitted. Defense without a lawyer.

It is possible to demand the acceptance of a judgment in the absence of a defense under Regulation 130. Civil Procedure Regulations, which states as follows:

A defendant who did not file a defense within the deadline set for this purpose Or the defense letter was deleted.The court may require the plaintiff to provide sufficient proof of the claim, in whole or in part, or to render a judgment based solely on the statement of claim.

According to Regulation 130 of the Civil Procedure Regulations, a judgment may be obtained in the absence of a defense in two situations:

1. The defendant did not file a defense within the prescribed time.
2. The defendant's defense was struck out by a judicial decision.

It is also important to note that the court is not required to immediately issue a ruling in the absence of a defense, but the judge may require the plaintiff to provide sufficient proof of the claim, in whole or in part.

Judgment in the absence of defense in light of the failure to comply with document disclosure procedures

In any claim for an amount exceeding 75 thousand shekels, the parties are obligated to follow due process. Document disclosure and answering questionnaires (a stage known as conducting preliminary procedures).

This issue is regulated in Article 60 of the Civil Procedure Regulations, which states as follows:

A. Proper discovery and review procedures constitute a basic condition for the existence of a proper and fair judicial process; if the court finds that a litigant has not properly fulfilled his obligation under this chapter, it may immediately order him to pay the costs. And in special cases, even deleting his statement of claims.

C. Without derogating from the provisions of Sub-regulation (a), a party who fails to disclose a document that must be disclosed or who fails to comply with a request to examine a document that he has disclosed, shall not be entitled to submit the document as evidence on his behalf in that action, except with the permission of the court after it has become apparent that the party had reasonable justification for his omission, and if the document in question is detrimental to the party's case, the court may To order the deletion of the statement of claim or statement of defense, as the case may be, and if he did not so order, he will order that he be charged with costs unless he finds special reasons not to do so.

Pay attention – Deleting a defense Or a writ of claim is an extreme remedy and the court will usually prefer to rule on the liability of a non-existent party. Document discovery procedures Legal expenses (Sometimes in very significant amounts). In order for the court to order the deletion of a statement of claims, the party's contempt must be particularly serious (for example: ignoring repeated decisions that require the party to comply with the procedures for the disclosure of documents or the response to the questionnaire).

Judgment in the absence of a defense due to failure to appear for the hearing

A litigant is obligated to attend hearings in his case, and usually before the hearing a judicial decision is issued that explicitly states this matter. A defendant who does not attend the hearing risks the court His letter of defense will be ignored.The judge is authorized to do so by virtue of Regulation 75 of the Civil Procedure Regulations, which states as follows:

75. If a party fails to appear and no reasonable excuse is given for the failure to appear, the following provisions shall apply:

1. If the plaintiff does not appear, the court will strike out the statement of claim or dismiss the claim if it finds special reasons for dismissal;
2. If the defendant did not appear and the plaintiff did appear, the plaintiff may prove his claim, and will be entitled to the relief he requested based on the evidence received.

Pay attention – The defendant's failure to appear does not necessarily automatically lead to a default judgment, but the plaintiff may prove his claim and receive the required relief. This means that if the court is not impressed with all of the plaintiff's claims, at least part of his claim may not necessarily be accepted.

Judgment in the absence of defense due to failure to submit briefs

Submission of summaries which is the last stage in any lawsuit. The parties summarize all their arguments throughout the legal process. A party who does not submit summaries is considered a party who did not appear for the hearing, And the court may ignore his defense letter.

As you read in the previous paragraph, the meaning of the words is that the court may accept the claim based solely on what is stated in the claim.

This matter is regulated within the framework of Regulation 74(c) of the Civil Procedure Regulations, which states as follows:

Failure to submit written summaries of the arguments on time is considered failure to appear for the hearing.

Judgment in the absence of defense due to non-payment of the expert's fee

In certain legal proceedings, the need to appoint an expert and submit a Expert opinion To the case. Insofar as it concerns the appointment of an expert by the court, an equal division of the payment of the fees is usually determined by the parties.

A party who does not pay the expert's fee risks having his pleadings struck out by virtue of Regulation 92(c) of the Civil Procedure Regulations, which states as follows:

92. (a) The court may order the fees and expenses of an expert on behalf of the court and the manner of their payment, including in the matter of answering questions of clarification and investigation in court, and impose them on the parties or on any of them.

(c) A party fails to comply with an order under this regulation, The court may delete its pleadings. Or postpone the hearing of the claim to another date until he complies with the aforementioned order.

That is, if the defendant has not paid the expert's fee and the court orders the deletion of his defense, the plaintiff will be entitled to obtain a judgment in the absence of a defense.

Cancellation of a judgment rendered in the absence of a defense

Receiving a verdict in the absence of a defense is not the end of the matter for the defendant, because the defendant may file a Request to annul a judgment in the absence of a defenseThe matter is regulated within the framework of Regulation 131 of the Civil Procedure Regulations, which states as follows:

If the court has given a decision ex parte and the party against whom the decision was given has filed a motion to annul it within thirty days of the date on which the decision was served on him, the court may annul it, under such conditions as it deems appropriate; this provision shall not apply to an application to the court under Regulation 33(d).

That is, a defendant may file a motion to set aside a judgment in the absence of a defense (or after his defense has been struck out), within 30 days of the date the judgment was served on him. Keep in mind that setting aside a judgment in these circumstances is not a simple matter in light of the Supreme Court's recent rulings. In these cases, it is highly advisable to consult with a lawyer who is familiar with the provisions of the law and the latest rulings.

In conclusion

The most common situation in which a judgment is rendered in the absence of a defense is when the defendant does not file a defense. However, there are additional cases stipulated in the Civil Procedure Regulations that allow the court to strike out the defendant's defense, allowing the plaintiff to prove his claim and obtain a judgment in accordance with the statement of claim alone.

Acceptance of a judgment in the absence of a defense is not the end of the matter, and the defendant may file a motion to set aside such a judgment. If the motion is denied, the defendant may file Appeal against the verdict And the matter will be examined again by the appellate court.

Frequently Asked Questions Regarding a Default Judgment