“)b) The court may give instructions as to the scope of a statement of claim; If the time is set in these regulations or in any legislation to do anything or to refrain from doing anything or a measure of the scope of a statement of claims, the aforesaid shall apply as long as the court has not ordered otherwise for special reasons."
- Hence, in my opinion, when a lawsuit is filed whose essence is an attack on a decision or judgment of an internal institution of an association or sports association, there is no room to hear it like a regular civil lawsuit, and other procedures must be determined, in a reasoned manner, mainly a short time for filing a statement of defense and scheduling an upcoming hearing.
I will note that the filer of the claim is expected to file a request on the matter immediately upon filing the claim, in order to bring to the attention of the court the essence of the proceeding in question. In any event, in my opinion, the court may set these short deadlines even without a request.
- In addition, in claims of this type, the essence of which is not a factual clarification, in most cases there is no reason to conduct preliminary proceedings and hear evidence. Hence, it is appropriate for the court to give instructions on these issues as well. However, it should be remembered that waiver of preliminary proceedings and waiver of hearing evidence is an exception in a civil action proceeding, and even if the court has the authority to do so, this must be done only after granting the parties the right to comment regarding the waiver of preliminary proceedings and the presentation of evidence and the conditions for this, see, in the analogy of Civil Appeal 8735/22 Asphalt M.S.I. In Tax Appeal v. Mixing Stone and Asphalt Minerals in Tax Appeal [Published in the Nevo Database] (March 26, 2026).
- To summarize the deliberative chapter, I would like to clarify that an attack on a decision or judgment of an internal institution of an association or sports association will be done by way of a civil lawsuit. It is appropriate that the filing of such a lawsuit be accompanied by a request to set shortened deadlines for filing statements of defense and to schedule an urgent hearing.
The court may shorten the deadlines for filing pleadings, as well as prescribe shortened procedures for hearing the claim, including waiving preliminary proceedings and hearing merits, after receiving the parties' response to this matter.