Digitally signed by Joseph Zernik DN: cn=Joseph Zernik, o, ou, email=jz12345@earthlink.net, c=US Date: 2011.11.

02 19:02:12 +02'00'

Declaration of Dr Joseph Zernik

RE: Dr Joseph Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel November 2, 2011 attempt to access electronic court file records

I, the undersigned, Joseph Zernik, also named Appellant in the case, referenced in RE, above, hereby state as follows: 1. On November 2, 2011, I went to the Office of the Clerk of the Supreme Court of the State of Israel in Jerusalem to file papers as follows: a. Request for a signed and certified September 7, 2011 Judgment in the case referenced in RE, above. [ i ] b. Request for a Signed and Certified May 18, 2011 Decision in Katzav v State of Israel (3372/11) [ ii ] c. Notice of Inspection of Court File in the case referenced in RE, above (attached as Exhibit 1). 2. 3. Visit to the Unrepresented Parties Division I first met in this matter Attorney Ben Tovim of the Unrepresented Parties Division. Attorney Ben Tovim agreed to take the two Requests (a and b, above) and provided conformed copies, stamped and signed Received/Inspected for both Requests. Attorney Ben Tovim refused to take the Notice of Inspection (c, above, and Exhibit 1). Attorney Ben Tovim explained that I had to complete the form for Request for Inspection of Court Files (Regulations of the Courts, Inspection of Court Files, Regulation 4(c)), such as I had used in the past. I declined, citing to Attorney Ben Tovim the 2009 Decision of President of the Supreme Court Dorit Beinish, in Association for Civil Rights in Israel et al v Minister of Justice et al (5917/97), albeit, I remembered the case caption, but not the case number. In that decision Justice Beinish explicitly states that a party to a case is not required to complete a Request for Inspection pursuant to Regulation 4(c), but only needs to complete a Notice of Inspection, pursuant to Regulation 3. The decision by Justice Beinish cites the applicable regulation as follows:
Inspection Right of Party in a Case 3. Party to a case, after completing Notice of Inspection pursuant to Form #1 in the Appendix (herein forth Notice of Inspection) for inspection of a court file that he is party in, unless it is prohibited for his inspection by law.

4. 5.

6.

7.

8.

9. Attorney Ben Tovim stated that there was no Form #1 in his office. Alternatively he stated that Form #1 was used only as a secondary step, subject to approval by the Judge or the Clerk of the Court of a Request per Inspection, pursuant to Regulation 4(c). Visit to the Criminal Division 10. I then went upstairs to the Criminal Division, where I was helped by Orly, who introduced herself as Supervisor of the Criminal Division.

11. I again made an attempt to file the Notice of Inspection with Orly. 12. Orly refused to accept the Notice of Inspection. 13. She stated that there was no need to complete any paper at all, since she would enter my request into the system immediately. 14. I provided her with the case number, and she stated that the court file would be brought up for inspection within 1-1.5 hours, longer than typical, since the file had already been moved to the archive. 15. I expressed my surprise that the file had already been moved to the archive, since there was a Request for Inspection of Court File, pursuant to Regulation 4(c), still pending in that file. 16. Orly checked in the system, and answered that apparently, the Judge had decided not to decide in this matter. 17. I then again asked to file the Notice of Inspection. I explained that my Notice also referred to the corresponding electronic court file in the Courts Case Management System. 18. Orly responded that a party in a case had no right to access and inspect the records of the case in the Courts case management system. 19. I then specifically stated that in many decisions of the District Courts, there were explicit instructions by the judges regarding service of the decisions, that such statements were not found in the decisions of the Supreme Court, I speculated that such instructions were found in the Case Management System, and that I was interested in inspecting these instructions in this case. 20. Orly did not respond on that request, directly, but asked if I had looked in the Case Management System. 21. I asked her regarding the nature of service, since some decisions were received by certified mail, some by regular mail, and some were not received by mail at all. I mentioned that I had read that service had to be by certified mail, but not regular mail. 22. Orly stated that service today could be either by certified or uncertified mail. 23. I also mentioned that some decisions were served signed and certified, some signed, but not certified, and some were neither signed, nor certified. At that point another male employee intervened and stated that it did not matter if the papers were or were not signed, and that the certification by the Office of the Clerk was a marginal detail. 24. I then asked Orly to cancel the request for inspection of the paper court file and left. I make this declaration under penalty of perjury pursuant to the law of the State of Israel. Signed here in Jerusalem; Date: November 2, 2011,

________________ Joseph Zernik

i

Request for a signed and certified September, 2011 Judgment in the case referenced in RE, above Request for a signed and certified May 18, 2011Decision in Katzav v State of Israel (3372/11)

ii

EXHIBIT 1

[digitally signed - jz] In the Supreme Court in Jerusalem 6041/11 Dr Joseph Zernik V State of Israel Notice of Inspection 1. Details of the court file: Case #: 6041/11 Parties: Dr Joseph Zernik v State of Israel 2. Time of inspection: Date:_______ [incomplete-jz] Time:_______ [incomplete-jz] 3. Details of the Inspecting Party: Full Name: Dr Joseph Zernik ID: 05362. Address: 44 Jaffa Street, Jerusalem Mailing Address: PO Box 31440, Jerusalem 91313 Email: Jz12345@earthlink.net 4. Details regarding the inspection:

Date: November 1, 2011 [signed-jz]___ Dr Joseph Zernik PO Box 31440, Jerusalem 91313 Tel: 052.508.3014
Jz12345@earthlink.net

Obligation (for those inspecting in non electronic manner) I, the undersigned, certify herein that I received for inspection the court file, referenced above, and I promise to return it in its complete and orderly form, same as received. I am cognizant that if I do not do so, I may be punished as stipulated by law. Date: ________; [incomplete-jz] Full Name: Joseph Zernik, ID: 05362. Sinature:_____________ [unsigned-ja]

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