Sample claim according to the new regulations – how do you write it correctly?

What is a claim?

A statement of claim is a document in which the plaintiff details his or her claims against a defendant. In the statement of claim, the plaintiff must detail the facts, the relevant legal grounds (for example, which laws or regulations the defendant violated), and the remedies claimed. A plaintiff who did not specify any relief in the statement of claim will not be able to demand it at a later stage.

Filing a lawsuit to the court where legal proceedings begin (with exceptions, such as Class action lawsuit which begins with the submission of a request for approval of a class action lawsuit, to which the statement of claim is attached as an appendix).

תובע שניסח והגיש כתב תביעה יחויב לנהל את כל ההליך על פי התיאור העובדתי והעילות המשפטיות שהוא כתב בכתב תביעתו. אם התובע ינסה לטעון טענות חדשות שלא נכתבו בכתב התביעה, הנתבע יוכל לטעון טענת "Front extension" ובית המשפט יהיה רשאי לדחות את טענותיו החדשות של התובע (גם אם הן נכונות ורלוונטיות).

However, this does not mean that after the claim has been filed with the court, it cannot be corrected under any circumstances. In cases where the plaintiff has forgotten a material detail or evidence, he may file Request to amend the statement of claim And the court may approve the request and order the filing of an amended statement of claim. In these cases, the court may order the plaintiff to pay legal costs in favor of the defendant because filing an amended statement of claim requires Filing a defense amended, and this involves time and money for the defendantFor this reason, it is important to know how to write a claim correctly - this way you will avoid paying Legal expenses Unnecessary.

How do you write a claim?

החל מה-1.1.2021 נכנסו לתוקף תקנות סדר הדין האזרחי, התשע"ח – 2018 אשר קובעת כיצד לנסח נכון כתב תביעה. ניסוח לא נכון של כתב התביעה עשוי להוביל לכך שהוא לא יתקבל במזכירות בית המשפט, עד לתיקון הליקויים, ולכן חשוב להקפיד לנסח נכון ובהתאם לתקנות.

It is also important to pay attention to the length of the statement of claim, as there is a page limit depending on the court to which the statement of claim is submitted.

A claim must be divided into three parts.

תקנה 9(ג) לתקנות סדר הדין האזרחי, תשע"ט – 2018 קובעת שאת כתב התביעה יש לחלק לשלושה חלקים: 1. כותרת; 2. תמצית הטענות; 3. פירוט הטענות.

Title of the statement of claim – Part One

Section 10 of the regulations determines what must be specified in the title of a document.

A statement of claim will include in its first part only these details and in the order detailed below:

(1) The judicial instance to which the lawsuit is filed;

(2) The plaintiff's name and identity number;

(3) The name of the plaintiff's attorney if he is represented, including his license number;

(4) Address and contact details of the plaintiff and his lawyer;

(5) The name of the defendant, and his identity number if it can be ascertained;

(6) Address and contact details of the defendant – if they can be ascertained;

(7) If any of the parties is legally incompetent or a minor, as defined in the Legal Capacity and Guardianship Law – an indication of this fact, or if any of the parties is a corporation – an indication of this fact and the manner of its incorporation;

(8) The type of claim and subject matter, according to a list ordered by the Director of Courts;

(9) A list of all requested remedies and the value of the subject matter of the claim, except in a claim for compensation for bodily injury and in a claim based on the Compensation for Road Accident Victims Law;

(10) The amount of the court fee that must be paid, with reference to the item in the appendix to the Fees Regulations according to which a fee must be collected; if the plaintiff is exempt from a fee, he will refer to the regulation that exempts him from paying it according to the Fees Regulations;

(11) The existence of another proceeding in a court or tribunal, in connection with a similar factual tract to which the plaintiff is or was a party;

(13) The defendant's summons to appear in court is prepared according to the wording of Form 2 in the first appendix, unless it is a summons directly to a lawyer;

This is what the first part of the lawsuit should look like:

Part Two of the Statement of Claim – Summary of the Claims

If the claim is filed with the Magistrate's Court, this section will not exceed two pages. If the claim is filed with the District Court, this section will not exceed three pages.

In this regard, Regulation 11 states as follows:

In the second part of the statement of claim, the litigant will detail only these matters and in the order detailed below:

(1) A concise description of the parties;

(2) The relief sought is concise;

(3) A summary of the facts necessary to establish the cause of action and when it arose;

(4) The facts that give the court jurisdiction.

This is what the second part of the statement of claim should look like:

Part Three of the Statement of Claim – Details of the Claims

If the statement of claim is submitted to the Magistrate's Court, this section will not exceed nine pages, and if to the District Court, this section will not exceed 12 pages.

In this section, the plaintiff must set out his claims in detail (what exactly is being claimed, when the events relevant to the claim occurred, and any other material factual details).

In this regard, Regulation 14(a) states as follows:

The third part of the statement of claims will include the details of the facts that serve as the basis for the statement of claims and any additional information, the purpose of which is to assist in clarifying the dispute and focusing on the differences between the parties.

This is what the third part of the statement of claim should look like:

You can find an example of a claim form for download in PDF format. hereOr here Example of a financial claim.

A lawsuit should not include all evidence and appendices.

כתב התביעה בסדר דין רגיל (תביעות מעל 75 אלף ש"ח) לא צריך להתייחס לכל הראיות והמסמכים שיש ברשותכם. שלב הגשת הראיות הוא בשלב הגשת Affidavit of first witness.

In this regard, Regulation 15 states as follows:

(A) Only these documents will be attached to the statement of claims and they will be appendices to the statement of claims:

(1) A copy of a material document and any other document used as a basis for the claim in the statement of claims; if the document is not in his possession, it shall be indicated by whom or where it is located, to the best of the party's knowledge;

(2) An opinion from a medical expert that the litigant intends to rely on during the trial.

(3) In a claim for compensation for personal injury, the plaintiff will attach to the claim a waiver of medical confidentiality, prepared according to the wording of Form 1 in the first appendix.

(on) Notwithstanding the provisions of Sub-regulation (a), a party may attach to the pleadings an opinion from an expert who is not in a medical matter.

If you intend to submit A lawsuit in a speedy trial (דיון מהיר = תביעה עד 75 אלף ש"ח) חלים כללים שונים, ובמקרים אלה כן צריכים להגיש את כל המסמכים לכתב התביעה.

Along with the lawsuit, the defendant must be served with a summons.

The wording of the summons is this:

Since _________ has filed this lawsuit against you, you are invited to file a defense within sixty days from the date this summons was served on you, and in a claim involving medical negligence within one hundred and twenty days from the date said summons was served on you, and for a fast-track hearing – within forty-five days from the date said summons was served on you.

לתשומת לבך, אם לא תגיש כתב הגנה אזי לפי תקנה 130 לתקנות סדר הדין האזרחי, התשע"ט-2018, תהיה לתובע הזכות לקבל verdict Not in front of you.

Please note – this summons corresponds to a lawsuit in a regular court procedure, and therefore there is a reference to the filing of Statement of defense in a financial claim or civil within sixty days. This time period may vary depending on the type of procedure.

Can I file a lawsuit online?

Lawyers can file lawsuits in various proceedings via the website The Law NetAnyone who is not a lawyer and does not possess a smart card or has not registered For a government personal area, can only file a small claim online. The Judiciary has published a guide How to do this.

In other cases, you will need to come to the court secretariat with four copies: one copy to scan into the Net-Hashtab system, a hard copy for the judge, one copy for the defendant (if there is more than one defendant, copies must be prepared for all other defendants), and one copy will remain with you.

What should be done after filing at the court secretariat?

If you are not represented by a lawyer, the court clerk will usually take care of mailing the documents you submitted to the defendant. My recommendation is not to rely on the clerk and to take care of providing the documents to the defendant yourself. You can do this by Registered mail with delivery confirmation But it is better and faster to do this with a courier who will have the defendant sign a delivery confirmation.

Remember, as long as the defendant has not received the documents, the proceedings do not actually begin, and in any case, you will not be able to obtain a judgment.

Do I need to do anything else after filing the claim?

Filing a lawsuit does not usually end the dispute, so it is very important to pay attention to whether the defendant is doing anything else that could assist you in managing the lawsuit, and to document this. Also, you may receive documents after filing the lawsuit that are very relevant to your claim. In these cases, there may be no escape from filing a motion to amend the lawsuit, because it is not certain that you will be able to use them (depending on the documents and when exactly they will reach you).

In any case, do not expect the court to do the work for you. This is a naive approach, and if you do not take care to protect your rights, it is not at all certain that you will find justice within the walls of the court.

Be sure to document everything in writing or through recorded conversations and be careful not to provide any data to the defendant after filing the lawsuit that could assist him in managing his defense. Filing the lawsuit only begins the process and many things can change from the date the lawsuit is filed until the verdict is issued (usually years will pass from the beginning of the process to its end).

Need professional assistance in managing and filing a claim? Contact us now. Claims lawyer.

Frequently Asked Questions Regarding a Complaint

Lawyer services regarding filing a lawsuit

Our office provides legal services to clients who are interested in legal assistance for the purpose of drafting a statement of claim only or drafting a statement of claim and full representation in legal proceedings.

It is important to remember that it is very important to draft a statement of claim correctly from the start. In addition to the fact that amending a statement of claim that was drafted incorrectly may harm the plaintiff financially (because the plaintiff will have to pay a lawyer to amend the statement of claim, and because the plaintiff will have to pay legal costs to the opposing party who will have to file an amended statement of defense), amending the statement of claim will also return the proceedings to their beginning and thus lead to a significant delay in achieving the plaintiff's goals (the court may allow the defendant to file Defense within 60 days from the date of receipt of the amended statement of claim).