Hence, although in the past the procedural framework established in the case law of assault by way of a civil proceeding by way of an injunction was appropriate to the substance of the proceeding, it is clear that today a proceeding of a regular civil action is not an appropriate procedure for such an investigation.
- I will note that the new Procedure Regulations, and the rulings that followed them, not only did not provide a response to the cancellation of the opening incentive, but also explicitly determined that the use of Regulation 54 of the New Procedure Regulations, in cases where there is no express possibility to do so, cannot be a substitute for the process of incentivizing the opening. In this regard, see Dr. Yaakov Shaked, "Civil Procedure" (2026):
"The court added in the Abbasi case that Regulation 54 was not intended to serve as an alternative to all situations in which, according to the old regulations and according to the practice according to which it was customary, it was possible to take a main proceeding other than by way of filing a statement of claim, such as incentivizing opening. "
- However, the new Rules of Procedure allow the court to determine the procedural framework in which the civil lawsuit will be conducted, including setting short timetables, as well as providing other provisions to streamline the proceeding and adapt the proceeding to a decision on the substance of the disputes before it. A source for this authority can be found, inter alia, in Regulation 176(a) of the New Regulations, which states:
"176.( a) The court may at any time give instructions to any matter in the proceedings and to correct any defect or error in any proceeding, including a matter decided in accordance with Regulation 33(d), if it deems it necessary to do so in order to achieve the purpose of these Regulations. "
Specific authority to change the date set by law, including the date for filing pleadings, can be found in Regulation 176(b), which also allows shortening the deadlines set in the Regulations for special reasons: