Interlocutory & Discretionary Appeals · Legal briefing

Interim Decisions & Leave-to-Appeal Limits

By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:

The practical dilemma

A witness or evidence-order decision is disputed, but counsel explains that immediate review may be restricted.

The legal position

Distinguish a final judgment from another decision. Leave is generally required for the latter, and the 2009 Courts Order excludes certain types, with exceptions. Witness and evidence decisions are not all treated identically. Interim objections may generally be raised on final appeal, subject to special rules, including certain jurisdiction and arbitration matters. An unavailable application may add costs without advancing the case. Official source 1 Official source 2

Your next step

Classify the decision and review the order, exceptions and special law. Record the harm and whether later correction is possible. Identify an available immediate route and preserve the issue for final appeal where appropriate.