Stack Exchange Network

Stack Exchange network consists of 175 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

Questions tagged [civil-procedure]

The tag has no usage guidance.

1
vote
0answers
30 views

Benefit from Court Awarded Real Estate

Regarding real estate that is awarded to a Jew in a non-halachic court, at the initiation of the awardee, by use of the discretionary powers of a judge, on a basis that has no concordance with Jewish ...
11
votes
2answers
786 views

Is it possible to have a Jewish wedding after a civil ceremony?

My (legal) husband and I had a small courthouse wedding ceremony, which was done entirely for practical reasons after my cancer diagnosis. Neither of us are as frum now as we were raised, but having a ...
2
votes
1answer
36 views

How many witnesses have to concur - two or three?

Devarim 17:6 says that the testimony of two or three witnesses should be used to determine the death penalty for someone who was found to have bowed to idolatry. Rash"I implies that all the witnesses ...
2
votes
0answers
40 views

Is a Bet Din allowed to refuse to consider a case?

Frequently, in U.S. courts, a judge can decide not to hear a civil case if he feels that "it's a waste of the court's time" or he doesn't feel that there's sufficient evidence on either side, or ...
6
votes
1answer
153 views

Can one be compelled to testify?

Can a witness be compelled to testify? The Torah says you must testify [Lev. 5:1] but the Talmud says punishment for not doing so can only come from God [Bava Kamma 55b]. You may not want to testify ...
1
vote
0answers
36 views

In modern Beis Din, can one Toen VeChozer VeToen?

The Gemara (Bava Basra 31a) says that one can change his claim (somewhat) as long as he didn't leave court, since we suspect that someone taught him new claims: ומודי עולא היכא דא"ל של אבותי ולא של ...
4
votes
2answers
187 views

Why do Jews use lawyers in beis din?

Why do Jews who go to Beis Din to resolve a financial disagreement, often use "lawyers" (to'ein) to argue their respective sides. If the dayanim are capable shouldn't they be able to just heard the ...
2
votes
1answer
104 views

Does halacha have the concept of “standing to appeal” a court decision?

A blog post published today by Shoshanna Keats Jaskoll in the Times of Israel discusses a case in which a local rabbinical court (beit din) in Tzfat, Israel granted a divorce to a woman on behalf of ...
2
votes
2answers
61 views

Changing the requirements of a monetary case

In Sanhedrin 23: Rashi: נמצאת כת שניה קרובים או seems to imply that if the בעל דין states that he has 2 sets (4 people) of kosher עדים that he now is required to bring forth 2 sets of kosher עדים. It'...
7
votes
2answers
236 views

Beis Din - peshara and Za.B.L.A

In an actual Beis Din case these days, if someone is summoned to Beis Din, can the nitva (respondent) insist on using a different Beis Din than the plaintiff sent the hazmana (summons) from? Does ...
5
votes
3answers
98 views

Damages and two defendants — how would a beit din resolve?

A friend recently sat on a jury in a civil case where there were two defendants in the case of an injured party, each claiming the other was responsible, and the jury had to decide. I'm curious how a ...