Court ruling8/10/2026

How to Set Aside a Judgment Entered in the Absence of a Defense in Civil Proceedings in Israel

If a defendant does not file a statement of defense within the prescribed period, the court may enter judgment in the defendant’s absence. An article published on the Din website explains two grounds for setting aside such a judgment; the source does not describe the circumstances or specific outcome of any particular case.

Key facts

•Deadline for filing the application: 30 days from the date the judgment was served
•Legal provision: Regulation 201 of the Civil Procedure Regulations, 5744-1984
•Grounds: setting aside as a matter of justice or setting aside at the court’s discretion
•Article publication date: 14.05.2009
•No specific case or monetary sums were mentioned

Deadline for Filing the Application

According to Regulation 201 of the Civil Procedure Regulations, 5744-1984, cited in the source, an application to set aside the judgment had to be filed within 30 days from the date it was served on the defendant. The court could, on such terms as it determined, set aside a decision issued upon an application by one party or because the other party failed to file court pleadings.

Setting Aside as a Matter of Justice

If the statement of claim was not duly served on the defendant, and the defendant therefore did not know about the proceeding and did not file a statement of defense, the judgment entered against the defendant is considered defective. The same applies when the defendant fails to appear because no summons to appear before the court was received. In these cases, the source describes setting aside the judgment as a duty imposed on the court.

Setting Aside at the Court’s Discretion

If there was no procedural defect, setting aside the judgment is subject to the court’s discretion. The court considers the reason for the failure to appear or file a statement of defense, as well as the prospects that the applicant’s arguments will succeed. The second factor is more important: the applicant must show a potential defense and that reconsideration could lead to a different outcome.

Costs Instead of Leaving the Judgment in Place

When there are reasonable prospects for a defense, the court generally tends to adjudicate the dispute on its merits, even if the failure to appear resulted from a misunderstanding, inattention, or some degree of negligence. The harm and additional effort incurred by the plaintiff because of the delay may be compensated by ordering the applicant to pay legal costs. The source includes references to Civil Appeal 64/53 Cohen v. Yitzhaki and Civil Appeal 32/83 Appel v. Kafah.

What this means for you

For a person who learns that a judgment was entered without their participation, the validity of service and the date the document was received are important. If service was duly effected, weight will be given to the explanation for the default and to the actual prospects of the defense; the court may also condition setting aside the judgment on payment of the other party’s costs. The article was published in 2009 and describes the rules that were in force at that time.

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