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Evidence

Below are readers' questions about 'Evidence', which we have chosen to answer. Further , and more detailed ,information on Israeli family law issues that relate to evidence is found on our main site at http://www.family-laws.co.il/other-topics-evidence

How will a court regard lack of consistency in testimony during proceedings?

Where a party to proceedings,or one of his/her witnesses, is inconsistent in his/her evidence,whether this relates to written testimony (affidavit) or oral testimony (cross examination at a hearing), then this will count against that side. The greater the contradiction and inconsistency, the greater its negative effect regarding credibility.

How can a person who is abroad give an affidavit or declaration that will be accepted in family law proceedings in Israel?

Firstly , the affidavit can be in a foreign language, and later translated into Hebrew ,if required, though English affidavits are often accepted by courts in Israel, without a further translation. Furthermore, there are several options regarding the required authorisation of your signature,and declaration of truthfulness as to the contents of the affidavit.The most preferred by courts in Israel being authorisation of the signature by an Israeli Diplomat or Consul abroad - i.e. via the consular services of an overseas Israeli Embassy. This way the authorisation is in Hebrew. Another option is for a notary abroad to authorise your signature and declaration of truthfulness, and then for the 'Apostille' stamp to be obtained, abroad,to confirm the genuineness of the notary's signature/approval.  The least preferred option is authorisation by a local lawyer abroad, according to local law overseas.

You must make sure you have suitable means of identification when you go to get  your signature on an affidavit authorised - passport, or I.D. etc.

I am Roman Catholic. My wife has brought custody proceedings against me at the family court, claiming I am abusive towards the children. Could things I said in 'confession' to my priest about asking for forgiveness for the harsh way I have given them be forced out of him in court, and used against me?

No! Even if your priest  is summonsed as a witness, in the custodyp proceedings brought by your wife, absolute privilege applies to what you said to him. The court cannot force information out of him, though he can decide to volunteer things. Priests are renouned for respecting the confidence of 'confession', and people confide in them because they know that their secrets will be kept.

I am frightened that very personal things I have said to a rabbi may be forced out of him by my husband's lawyer as part of divorce proceedings at the rabbinical court. If the rabbi does give testimony, can he be forced to reveal those things?

No! Absolute privilege applies to things said to a rabbi, or any religious figure of similar standing such as a priest. A rabbi cannot be made to reveal 'secrets' or confidential information by a rabbinical court. He 'holds' the privilege, and can divulge this information, wholly in part, if he chooses, but cannot be forced to do so. Unless this privilege existed, and were respected, people would be loathe to confide in rabbis.

 

 

Can a lawyer be made to divulge things that a client told him, as part of his representation, as evidence against that client , in civil proceedings involving him?

No - but only partial 'privilege' (or confidentiality) applies. A lawyer can be obliged to reveal technical details such as the identity of a client, and the type of legal services and fees agreed upon . He/she does not  have to give evidence in court as to things said to him , or documents given to him, by his client, in connection with professional services he supplies. These constitute  privileged information between lawyer and client, and are confidential and protected.

Can a parent of one of the adult parties to proceedings at the family court be made to provide print-outs of his bank account?

No, if the parent is not a party to the proceedings, has not been added to them, and no order has been made to this effect. If , however, the parent is formally added as a party to proceedings, and ordered to produce documentation by the court, because, for example, one of the parties claims that the other spouse has tried to divert money from a joint account, into the parent's account, to deprive the other party of his/her rights in it, then it would be possible.