In this article you will find a sample statement of claim but more importantly a detailed explanation of how to write a statement of claim correctly according to the new civil procedure regulations. This matter has become particularly important because preparing a statement of claim incorrectly and not in accordance with the regulations of civil procedure may lead to it not being accepted by the court's secretariat, as long as you do not correct the errors.
It is important to understand that the content of the statement of claim will always change from case to case, according to the relevant facts of each case, but the structure of the statement of claim will always remain the same. It is also important to be careful about the length of the statement of claim according to the court to which you will submit the claim – this matter will be detailed later.
Before you start reading the article, you are invited to review a recent example regarding the submission of a statement of claim according to the new civil procedure regulations .
Also for your reference is an example of the wording of a statement of defense before the new civil procedure regulations .
Our office offers writing services for pleadings and defense (and of course full representation throughout the entire court process). As much as you are interested in lawyer Eddie Blitstein preparing a pleading for you in a correct manner that will increase your chances of success in court, you are welcome to contact our office by phone.
What is a statement of claim?
The statement of claim is a document in which the plaintiff details his claims against any defendant. As part of the statement of claim, the plaintiff must detail the facts, the relevant legal grounds (for example, which laws or regulations the defendant violated), as well as the claimed remedies. A plaintiff who did not specify any remedy in the statement of claim will not be able to demand it at a later stage
Submitting a statement of claim to the court starts a legal process (except for exceptions, such as a class action which begins with the submission of an application for approval of a class action, to which the statement of claim is attached as an appendix).
A claimant who drafted and filed a statement of claim will be obliged to conduct the entire procedure according to the factual description and legal grounds that he wrote in his statement of claim. If the plaintiff tries to assert new claims that were not written in the statement of claim, the defendant will be able to assert a " front expansion " claim and the court will be entitled to reject the plaintiff's new claims (even if they are true and relevant).
At the same time, this does not mean that after submitting the lawsuit to the court, it cannot be amended in any case. In cases where the plaintiff has forgotten a material detail or evidence, he may submit a request to amend the statement of claim and the court may approve the request and order the submission of a revised statement of claim.
In these cases, the court may order the plaintiff to pay court costs in favor of the defendant because filing an amended statement of claim requires filing an amended statement of defense, and this involves time and money for the defendant . For this reason it is important to know how to write a statement of claim correctly – this way you will avoid paying unnecessary legal expenses .
How do you write a statement of claim?
As of January 1, 2021, the Civil Procedure Regulations, 2018 – 2018 came into force, which stipulates how to correctly draft a statement of claim. Incorrect wording of the statement of claim may lead to it not being accepted at the court's secretariat, until the deficiencies are corrected, so it is important to make sure to draft Correct and in accordance with the regulations.
Also, it is 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 statement of claim must be divided into three parts
Rule 9(c) of the Civil Procedure Regulations, 2018 states that the statement of claim must be divided into three parts: 1. Title; 2. Summary of the claims; 3. Details of the claims.
Title of statement of claim – first part
Section 10 of the regulations determines what must be specified in the title of the article
A statement of claim will include in its first part only these details and according to the order detailed below:
(1)the judicial court to which the statement of claim is submitted;
(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)name and contact information 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 litigants is an incompetent or a minor, as defined in the Legal Qualifications and Guardianships Law – specifying this fact, or if any of the litigants is a corporation – specifying this fact and the method of its incorporation;
(8)the type of claim and subject matter, according to a list that the director of the courts orders;
(9)the list of all the requested remedies and the value of the subject of the claim, except in the claim for compensation due to bodily injury and in the claim arising from the Law on Compensation for Victims of Traffic Accidents;
(10)the amount of the court fee that must be paid while referring to the detail in the supplement to the fee regulations according to which a fee must be collected;If the claimant is exempt from a fee, he will refer to the regulation that exempts him from payment according to the fee regulations;
(11)The existence of an additional proceeding in a court or tribunal, in connection with a similar factual tract to which the plaintiff is a party or was a party;
(13)The defendant's subpoena is drawn up according to the wording of Form 2 in the first appendix, unless it is a summons directly to a lawyer;
This is how the first part of the statement of claim should look:
Part two of the statement of claim – the summary of the claims
If it is a statement of claim submitted to the Magistrate's Court, this part shall not exceed two pages only. If the statement of claim is submitted to the district court, this part shall 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 according to the order detailed below:
(1)a concise description of the litigants;
(2)the relief sought in summary;
(3)the summary of the facts necessary to establish the cause of action and when it arose;
(4)The facts that confer authority on the court.
This is what the second part of the statement of claim should look like:
Part three of the statement of claim – details of the allegations
If the statement of claim is submitted to the Magistrate's Court this part shall not exceed nine pages, and if to the District Court this part shall not exceed 12 pages.
In this part, the plaintiff must list his claims in detail (what exactly are they suing for, when did the events relevant to the statement of claim take place, and any other essential factual details).
In this regard, Rule 14(a) states as follows:
The third part of the statement of claims will include the details of the facts that serve as a basis for the statement of claims and any additional information, the purpose of which is to help clarify the dispute and focus the divisions between the litigants.
This is what the third part of the statement of claim should look like:
A statement of claim should not include all the evidence and appendices
The statement of claim in ordinary court (claims over 75 thousand NIS) does not need to refer to all the evidence and documents in your possession. The stage of submitting the evidence is the stage of submitting a first witness affidavit .
In this regard, Regulation 15 states as follows:
(a)Only these documents will be attached to the pleadings and they will be the appendices of the pleadings:
(1)A copy of an essential document and any other document used in the basis of what is alleged in the pleadings;If the document is not in his possession, it will be indicated by whom or where it is located, to the best of the party's knowledge;
(2)An opinion of a medical expert that the litigant intends to rely on during the trial.
(3)In an action for compensation due to bodily injury, the plaintiff shall attach to the statement of claim a waiver of medical confidentiality, drawn up according to the wording of Form 1 in the first appendix.
(b)Notwithstanding what is stated in sub-regulation (a), a party may attach to the pleadings the opinion of an expert who is not in the field of medicine.
If you intend to file a claim in a fast-track procedure (fast-track trial = claim up to NIS 75,000), different rules apply, and in these cases you do need to submit all the documents for the claim.
Along with a statement of claim, a summons must be issued to the defendant
The wording of the subpoena is this:
Since _________ has filed this statement of claim against you, you are invited to submit a statement of defense within sixty days from the date this order was issued to you, and in a claim concerning medical malpractice within one hundred and twenty days from the date that such order was issued to you, and for a fast-track hearing – within forty-five days from the day that such order was issued to you .
For your attention, if you do not file a statement of defense, then according to Rule 130 of the Civil Procedure Regulations, 2018, the plaintiff will have the right to receivea judgmentin your absence.
Please note – this subpoena corresponds to a statement of claim under ordinary legal procedure, therefore there is a reference to the submission of a statement of defense within sixty days. This period of time may vary depending on the type of procedure.
Can a lawsuit be filed online?
Lawyers can submit pleadings in various procedures through the Net Law website . A person who is not a lawyer and does not possess a smart card or has not registered in a government personal area , can only file a small claim via the Internet. The judiciary has published a guide on how to do this.
In most cases, you will have to come to the court secretariat with four copies: one copy to be scanned into the court net system, a hard copy for the judge, one copy for the defendant (if there is more than one defendant, copies should be prepared for all the other defendants), and one copy will remain with you.
What should be done after the filing at the court secretariat?
If you are not represented by a lawyer, the court clerk will usually send the documents you submitted to the defendant by mail. My recommendation is not to rely on the secretariat and take care of producing the documents yourself for the defendant. It is possible to do this by registered mail with a delivery confirmation , but it is better and faster to do it with a courier who signs the defendant on a delivery confirmation.
Remember, as long as the defendant has not received the documents, the procedure does not actually start and in any case you will not be able to get a verdict.
Do we need to do anything else after filing the claim?
Filing the lawsuit does not usually end the dispute, so it is very important to pay attention to whether the defendant does anything else that can help you in managing the lawsuit, and document the things. Also, you may receive documents after filing the claim that will be very relevant to your claim. In these cases, there may be no escape from submitting a request to amend the claim, 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.
Make sure to document everything in writing or through recorded conversations and be careful not to provide any data to the defendant after the lawsuit is filed that could assist him in managing his defense. The filing of the claim only begins the procedure and many things can change from the time the claim is filed until the judgment is rendered (usually years will pass from the beginning of the procedure to its end).
Do you need professional help in managing and filing a claim? Contact a claims lawyer now .
