Human Rights Alert (NGO) ‫סייג לזכויות האדם‬

Joseph Zernik, PhD ‫ד"ר יוסף צרניק‬

PO Box 31440, Jerusalem 91313, Israel; jz12345@earthlink.net ; 91313 ‫ ירושלים‬31440 ‫תד‬

03-01-16 Regulations of the Courts in Israel (Access to Court Records to

Inspect and to Copy) –2003

The common law right of the public to access court records, to inpsect and to copy, is
condiered the most effective safeguard of the integrity of the courts. The right has been
recognized in English law for centuries. In the United States, it was reaffirmed in Nixon
v Warner Commuications, Inc (1978), as part of the Amendments to the US
Constitutions, in particular – the First Amendment.

In Israel, the right to inspect court records was formally promulgated only in recent years
(2003).

The Regulations state:

2. Public inspection of the Index of All Cases
a. Every person is permitted to inspect the Index of All Cases in the Office of the Clerk of the
Court.
b. Every person is permitted to permitted to inspect the decisions of the courts, unless they
are sealed in compliance with the law.
3. The right to inspect court records by parties in a case.
Party in a case is permitted to inspect the court file in his/her case after completing ”Notice of
Inspection” (Form #1 in the Appendix), unless prohibited by the Court.
4. The right to inspect court recorsd by non-parties in a case
a. Every person is permitted to request the court to inspect court file (Request to Inspect), unless
the case is sealed in compliance with the law.
b. Requests to Inspect may be filed with the judge who presided in the case (in his/her absence –
with a judge designated by the Chief Judge of the Court).
c. Request to Inspect should be justified, and filed pursuant to Form #2 in the Appendix.

Although the Regulations start by declaration of the right to inspect and to copy, they effectively
restrict such rights in a manner that requires each inspection to be approved through a judicial
procedure.

The two noted exceptions are inspection of the Index of All Cases and inspection of the Book of
Judgment (compiled judgments of the court), where no advance procedures are required, and
access was guaranteed to every person.
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