Procedures Relating to the Immunity of Public Employees
- Tort law also grants immunity to other types of defendants. Thus, for example, immunity is granted to the judiciary and minors from liability in torts as detailed Sections 8-9 to the Ordinance (for the various opinions expressed regarding the nature of the immunity for judges, see Avnieli, at pp. 82-83 and in the references therein). In addition, tort law recognizes various defenses against the imposition of liability in torts, which do not amount to immunity (see, for example, Sections 4-6 to the Ordinance; For the distinction between immunity and protection see Avnieli,
at pp. 79-80). In contrast to the unique clarification tracks established regarding the immunity of public servants in Amendment 10 to the Ordinance and the regulations enacted in its wake, a unique deliberative track similar to the clarification of other immunities and protections such as those set forth in sections 6-4 and 9-8 of the Ordinance was not determined . Therefore, the way to ascertain the existence of the conditions establishing those immunities or protections is the "regular" way of clarifying threshold claims raised in a civil proceeding in the Civil Procedure Regulations. 5744-1984 (hereinafter: the Civil Procedure Regulations), and in any event, the rulings and tests that have been decided regarding the dismissal of claims in limine apply to these proceedings. Thus, for example, if the court is of the opinion that the ground raised for the purpose of adjournment in limine requires factual clarification and the hearing of evidence, it may order that this inquiry be incorporated into the framework of the hearing of the proceeding on its merits, or it may order that a separate hearing be held on that issue only at the beginning of the proceeding (see, for example, Civil Appeal 35/83 Hassin v. Feldman, IsrSC 37(4) 721 (1983); Civil Appeals Authority 1120/06 Adv. Lauer v. A.M.S. Building and Development Company inTax Appeal (in liquidation), [published in Nevo], paras. 10-11 (April 16, 2007); Uri Goren, Issues in Civil Procedure 377-378 (Eleventh Edition, 2013) (hereinafter: Goren)).