Legal Proceedings in Israel During War

Managing Legal Proceedings in Israel During Wartime

The ongoing conflict in Israel has fundamentally disrupted cross-border litigation, stranding overseas residents who face mandatory court appearances. While Israeli law traditionally requires physical presence, courts are exercising discretionary powers to permit video conference testimony or appearance.

Israeli courts have shifted their stance on remote testimony since the conflict began. Recent rulings acknowledge that widespread flight cancellations and security risks justify video conference proceedings. Nevertheless, applicants must still demonstrate that travel would be impossible or impose severe hardship—requiring detailed evidence rather than mere assertion.

While courts recognise that conflict and transport disruption create barriers, applications must still meet legal requirements and include evidence. Judges acknowledge the war risks, difficulties of travelling and costs, but demand specific documentation rather than vague references to wartime conditions.

Regulation 72 of the Israeli Civil Procedure Rules 2018 governs these remote testimony applications. Courts may approve overseas video evidence when three conditions are satisfied: attendance would impose genuine hardship on the witness; their testimony is essential to the case; and the foreign jurisdiction permits cross-border evidence gathering.

The expense of travel has become a consideration for judges, when flights are available. A recent ruling illustrates this change: the court approved video testimony after noting that “his arrival in Israel involves considerable financial expense and could create difficulty and place the traveller at risk.”

English law presents no obstacles providing video testimony to Israeli courts. The English law imposes neither procedural requirements nor notification obligations on individuals who voluntarily participate in remote Israeli proceedings.

Remote hearings carry the same legal weight as physical court appearances. Participants must arrive punctually and maintain proper courtroom behaviour, with photography, recording, or disruptive conduct strictly prohibited.

Israeli law requires remote litigants to testify from their lawyer’s office, with courts ruling that “litigants themselves who are required to appear must attend their lawyer’s office” during video proceedings. This legal requirement ensures professional standards, reliable technology, confidentiality protection, and a formal setting without household interruptions.

This article is for informational purposes only and does not constitute legal advice. Individuals should not rely on this information without seeking professional legal counsel tailored to their specific circumstances.

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