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Evidence Ordinance [New Version], 5731-1971

פקודת הראיות [נוסח חדש], תשל"א-1971

Published: 1971-04-28Consolidated Hebrew text as of 2025-09-29 · Last amended 2022-07-10✓ Amendment status checked against the Knesset legislation record on 2026-09-04
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Section D: Public and Foreign Documents

Definitions§
29.

In this Section —

"diplomatic representative" — an ambassador, minister plenipotentiary, chargé d'affaires of an embassy or legation, counsellor of an embassy or legation, first secretary, second secretary or third secretary of an embassy or legation, serving in that capacity in a foreign state;

"consular representative" — a consul-general, consul, vice-consul, acting consul-general or consular agent, serving in that capacity in a place outside Israel;

"public document" — a document of one of the bodies listed below that is a legislative, judicial or executive act, or a record of such an act, or that forms part of the official records of one of the bodies listed below, including a document held as a record, whether made in an official manner or otherwise; and the following are the bodies:

(1)the State of Israel or the sovereign authority of a territory outside Israel;
(2)government offices, a local authority, a court, a tribunal, another body with judicial or quasi-judicial authority, a notary or any other official body of Israel or of a territory outside Israel (hereinafter — institutions);
(3)a State employee, an employee of the sovereign authority of a territory outside Israel, or an employee of an institution (hereinafter — official);

"official printer" —

(1)in relation to Israel — the Government Printer, or any person proved to be officially authorised to print the document in question or documents of the type in question;
(2)in relation to a territory outside Israel — any printer proved to be the printer for the government or sovereign authority of that territory, or authorised as stated in paragraph (1).
Proof of foreign documents§
30.

A power of attorney or any other written document made or issued in a place outside the territory to which the law of the State of Israel applies may, in any civil proceeding or matter, and subject to any reasonable qualification, be proved by confirmation of the parties who issued it, or by a written declaration of one of the attesting witnesses, given as purportedly made before one of the following:

(1)an Israeli diplomatic or consular representative, and authenticated in writing signed by that representative and bearing that representative's seal, on the document itself or in an annex thereto;
(2)a public notary, and authenticated in writing signed by the notary and bearing the notary's notarial seal, and verified in writing by an Israeli diplomatic or consular representative with that representative's official seal, on the document itself or in an annex thereto.
No need to prove the status of the authenticator§
31.

A document purporting to be authenticated as stated in section 30 shall be regarded as duly proved, and there is no need to prove the signature, seal or official status of the person purporting to be the authenticator of the confirmation or declaration.

Proof of public documents§
32.

A public document may be proved by producing one of the following, without prejudice to other modes of proof:

(1)the original;
(2)a certified copy thereof;
(3)a copy thereof printed by the official printer;
(4)a copy thereof authenticated by the official seal or signature of the official in whose official custody it is held;
(5)a copy thereof authenticated by the official seal of the institution in whose official custody it is held;
(6)a copy thereof authenticated by the seal or signature of a Minister or of another office holder of equivalent rank, or of an official of a rank and office that satisfy the court as to the reliability of the authentication;
(7)a copy thereof authenticated by the official seal of an institution, if the reliability of the authentication satisfies the court, having regard to the nature of the document and of the institution that authenticated it.
Confirmation certificate of an Israeli representative§
33.
(a)A confirmation certificate of an Israeli diplomatic or consular representative in a particular territory shall be sufficient evidence of each of the following facts:
(1)that a particular public document was printed by the official printer of that territory;
(2)that a particular seal or signature is the official seal and signature of the official purporting to be the holder of the seal or signature;
(3)that a particular seal is the official seal of the institution purporting to be the holder of the seal.
(b)A confirmation certificate of an Israeli diplomatic or consular representative, to the effect that to the best of that representative's knowledge and belief a particular public document is in the official custody of a particular official or of a particular institution, shall be sufficient evidence of that fact.
Presumptions concerning public documents§
34.

It is presumed, until the contrary is proved, that —

(1)a public document, Reshumot (Official Gazette) and any other official publication purporting to be printed by an official printer — are indeed so printed in practice;
(2)a public document which an official confirms, by writing signed by that official or bearing that official's seal, to be in that official's custody — is indeed so in that official's custody in practice;
(3)a public document which an institution confirms, by writing bearing that institution's seal, to be in its official custody — is indeed so in that institution's custody in practice;
(4)a public document purporting to have been officially made by a particular person and in particular circumstances — was indeed so made;
(5)official seals and signatures on a public document or a copy thereof, or on confirmation certificates under the provisions of this Section — are genuine, and all descriptions of the offices of those who signed the documents or confirmation certificates are accurate.
Reshumot (Official Gazette) — evidence§
34a.

A matter published in Reshumot (Official Gazette) is presumed to have been duly done, and the same applies to any matter published by the Government Printer even if not in Reshumot (Official Gazette).

Date of publication of Reshumot (Official Gazette)§
34b.

The date stated on an issue of Reshumot (Official Gazette) is the date of its publication.

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Section E: Institutional Records

Definitions§
35.

In this Chapter —

"legal proceeding" means a civil or criminal proceeding before a court in which evidence may be adduced;

"institution" means the State, a local authority, a business, or any person who provides a service to the public;

"business" includes a profession;

"output" has the meaning assigned to it in the Computers Law, 5755-1995;

"institutional record" means a document, including output, prepared by an institution in the ordinary course of the institution's activity;

"banking corporation" has the meaning assigned to it in the Banking (Licensing) Law, 5741-1981, and includes the Bank of Israel.

Admissibility of a business record§
36.
(a)A business record shall be admissible evidence to prove the truth of its contents in any legal proceeding, if all of the following conditions are satisfied –
(1)the institution regularly records, in the ordinary course of its management, the event that is the subject of the record, at or near the time of its occurrence;
(2)the manner of collecting the data that is the subject of the record and the manner of preparing the record are such as to attest to the truth of the contents of the record;
(3)if the record is output – it is further proved that –
(a)the manner of producing the record is such as to attest to its reliability;
(b)the institution regularly takes reasonable protective measures against intrusion into computer material and against disruption of the computer's operation.
(b)If the record is output, for the purposes of subsection (a)(1) the time at which the data constituting the basis of the output was recorded shall be regarded as the time at which the record was prepared.
(c)The provisions of subsection (a) shall not apply to a record prepared by an authority among the investigation or criminal prosecution authorities that is submitted in criminal proceedings by such an authority. Nothing in the provisions of this subsection shall disqualify or restrict the submission of such a record if it may be submitted in accordance with the provisions of section 39b.
(d)Where evidence has been admitted by virtue of this section, the opposing party shall be entitled to cross-examine witnesses summoned by that party to give evidence, for the purpose of rebutting the evidence, if those witnesses are connected with the party on whose behalf the evidence was submitted.
37.§

(Repealed — תשנ״ה)

Non-compulsion to submit a business record of a banking corporation§
38.

In a legal proceeding to which the banking corporation is not a party, a banker or an officer of a banking corporation shall not be compelled to submit a business record of a banking corporation, the contents of which may be proved under this Section, or to testify as to transactions or accounts recorded in the business record, except pursuant to an Order of the court made for special reasons.

Right of inspection of a business record of a banking corporation§
39.
(a)The court may, on the application of a party to a legal proceeding, order that the applicant shall be entitled, for the purposes of that proceeding, to inspect and copy any entry in the business record of a banking corporation.
(b)An Order under this section may be made without summoning the banking corporation or any other party, or after they have been summoned, and the Order shall be served on the banking corporation three full days before the time at which the Order is to be complied with, unless the court directs otherwise.
Expert opinion§
39a.

Where the output constitutes an expression of opinion on a matter of science, research, art, professional knowledge, or medicine, the output shall not be admissible as evidence unless it is submitted in accordance with the provisions of the law applicable to the submission of evidence on such matters.

Savings provisions§
39b.
(a)Nothing in the provisions of this Section shall render admissible evidence that is inadmissible for any other reason not being the rule against hearsay evidence, and nothing therein shall disqualify or restrict the submission of evidence that is competent under those rules or under any other law.
(b)In this section and in section 39a, "law" – includes case law.

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Section F: Photographic Copies

Definition§
40.

"photographic copy", for the purposes of this Section – a copy of an original obtained by photographic processes, or by another method prescribed by Regulations, by which a durable and accurate copy of the original is obtained, whether in its original size or in a different size.

Photographic copy as evidence§
41.

A photographic copy of a document, of a class of documents prescribed for this purpose by Regulations, to which is attached a certificate that the copy was made from the original in the manner and under the conditions prescribed by Regulations for that class of documents, shall serve as prima facie evidence in legal proceedings –

(1)in any case in which the law permits the contents of a document to be proved by a copy thereof;
(2)if the original has been destroyed pursuant to Regulations and under the conditions prescribed therein, and a certificate to that effect, as prescribed by Regulations for that class of documents, is attached to the copy.
Copy of a business record§
41a.

The contents of a business record may be proved by means of a photographic copy of the record.

Status of output§
41b.

For the purposes of this Section, output that is a business record shall not be regarded as a copy of the document on the basis of which it was produced, but as an original.

Savings provisions§
42.

Nothing in the provisions of this Section shall derogate from any other law concerning the competence as evidence of a photographic copy made otherwise than in accordance with the provisions of this Section, but shall be in addition thereto.

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Section G: Convicting Judgment in Criminal Proceedings

Admissibility of a judgment§
42a.
(a)The findings and conclusions of a final judgment in criminal proceedings convicting the accused shall be admissible in civil proceedings as prima facie evidence of what is stated therein, if the convicted person, or that person's successor, or a person whose liability derives from the liability of the convicted person, including a person liable under the adjudicated debt, is a party to the civil proceedings.
(a1)The provisions of subsection (a) shall also apply to a final judgment in criminal proceedings of a military court, as defined in the Emergency Regulations (Judaea and Samaria – Adjudication of Offences and Legal Assistance), 5727-1967, as their validity has been extended and their text amended by law, from time to time.
(b)The provisions of this section do not apply to –
(1)a judgment of a municipal court that was not given by a judge of a Magistrate's Court;
(2)findings and conclusions contained in the sentence, as distinct from the verdict.
Inspection of the record and other material§
42b.

Where evidence as referred to in section 42a has been submitted, the court may also inspect the indictment, the record of proceedings, and any other material submitted in the criminal proceedings, if it considers it necessary to do so for the purpose of clarifying what is stated in the evidence.

Evidence to rebut a judgment§
42c.

Where evidence as referred to in section 42a has been submitted, the convicted person, or that person's successor, or a person liable under the adjudicated debt, shall not be entitled to adduce rebutting evidence, or evidence that was already heard or submitted in the criminal proceedings, except with the leave of the court, for reasons that shall be recorded and in order to prevent a miscarriage of justice.

Findings and conclusions in an ancillary civil claim§
42d.

In the hearing of a civil claim under section 35a of the Courts Law, 5717-1957, the findings and conclusions established in the criminal proceedings shall be regarded as if they had been established in civil proceedings.

Savings provisions§
42e.

The provisions of this Section are in addition to any law concerning the admissibility of a judgment as evidence.

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Section H: Ancient Documents

Ancient documents§
43.

Where a document that is, as it purports or as is proved, at least twenty years old has been submitted and produced from custody that appears to the court to be proper in that case, the court may presume that the signature on it, and every part thereof that purports to have been written in the handwriting of a particular person, was so written, and – as regards the execution or authentication of the document – that it was duly executed or authenticated by the person who purports to have executed or authenticated it.

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Chapter III: Privileged Evidence

Privilege for the benefit of the State§

44.
(a)No person shall be required to produce, and the court shall not admit, evidence if the Prime Minister or the Minister of Defence has expressed the opinion, in a certificate signed by that Minister, that its production is likely to harm State security, or if the Prime Minister or the Minister of Foreign Affairs has expressed the opinion, in a certificate signed by that Minister, that its production is likely to harm the foreign relations of the State, unless a judge of the Supreme Court, upon a petition by a party seeking disclosure of the evidence, finds that the need to disclose it in the interests of justice outweighs the interest in non-disclosure, and in criminal proceedings – that the evidence may be of benefit to the defence of the accused and the measure of benefit to the defence outweighs the interest in non-disclosure, or that it is vital to the defence of the accused.
(b)Where a certificate as referred to in subsection (a) has been submitted to the court, the court may, on the application of the party seeking disclosure of the evidence, adjourn the proceedings for a period it shall determine in order to enable the petition for disclosure of the evidence to be filed, and if it considers it appropriate – also until a decision is given on the petition.

Privilege for the benefit of the public§

45.
(a)No person shall be required to produce, and the court shall not admit, evidence if a Minister has expressed the opinion, in a certificate signed by that Minister, that its production is likely to harm an important public interest, unless the court hearing the matter, upon a petition by a party seeking disclosure of the evidence, finds that the need to disclose it in the interests of justice outweighs the interest in non-disclosure, and in criminal proceedings – that the evidence may be of benefit to the defence of the accused and the measure of benefit to the defence outweighs the interest in non-disclosure, or that it is vital to the defence of the accused.
(b)The hearing of a petition as referred to in subsection (a) shall not stay the proceedings in the principal proceeding, except in cases where a decision on the petition is necessary for the continuation of the proceedings.
(c)The court may transfer the hearing of the petition to a single judge who is not hearing the case, and if the court was constituted as a panel – to a single judge who is one of the judges of the panel or who is not hearing the case.
(d)
(1)The Minister of Public Security may delegate the Minister's authority under this section to one of the following (in this subsection – supervisor of privileges):
(a)a retired District Court judge with professional knowledge and experience in criminal law;
(b)a retired senior police officer of the rank of Deputy Commissioner or above who served in the Investigation and Intelligence Division of the Israel Police;
(c)a retired advocate who served in the position of Deputy State Attorney, Head of the Criminal Division of the State Attorney's Office, or District Attorney;
(d)a former legal adviser of a government ministry or of a security body with professional experience in the field of intelligence;
(2)a delegation under paragraph (1) may be made to several supervisors of privileges;
(3)a supervisor of privileges shall have the same status as a State employee for the purposes of the following enactments:
(a)the Public Service (Gifts) Law, 5740-1979;
(b)the Penal Law, 5737-1977 – the provisions relating to public servants;
(c)the Public Service (Restrictions After Retirement) Law, 5729-1969;
(d)the State Service (Restriction of Party Activity and Collection of Funds) Law, 5719-1959;
(e)this Ordinance;
(f)the State Service (Discipline) Law, 5723-1963, with such modifications as the Minister of Public Security may prescribe, to the extent prescribed.

Harm caused by the combination of evidence§

45a.

Without prejudice to the generality of what is stated in sections 44 and 45, the Prime Minister, or the Minister referred to in those sections, may express the opinion that the production of the evidence is likely to harm State security, its foreign relations, or an important public interest, as the case may be, even if such harm is likely to be caused by the combination of the evidence with other evidence, having regard to the type of information contained in the evidence, its content or scope, and even if the other evidence is not connected to the same proceeding.

Proceedings on a Petition to Disclose Privileged Evidence§

46.
(a)Proceedings on a petition to disclose evidence under sections 44 or 45 shall be held in camera; for the purpose of deciding on the petition, the justice of the Supreme Court or the court, as the case may be, may require that the evidence or its contents be brought to his knowledge, and may receive explanations from the Attorney General or his representative and from the representative of the Government ministry concerned, even in the absence of the other parties.
(a1)In a decision as referred to in subsection (a), the court shall consider, inter alia, the connection between the privileged material and the scope of the dispute between the parties, having regard to the defence version, the connection between the privileged material and the open evidence and other privileged material in the case, and the admissibility of the privileged material and its anticipated weight if submitted as evidence at trial, and may receive explanations from the petitioner even in the absence of the other parties; the court shall not permit the disclosure of privileged evidence except after the prosecutor has been given an opportunity to address arguments made in his absence.
(a2)Where the court has decided not to permit disclosure of privileged evidence, it may reconsider its decision as the proceedings in the main action progress.
(b)The Minister of Justice may make Regulations of procedure for proceedings on a petition under sections 44 and 45 and this section.

Incriminating Evidence§

47.
(a)No person is obliged to produce evidence if it contains an admission of a fact that is an element of an offence with which he is charged or may be charged.
(b)Where a person sought to refrain from producing evidence on the ground that it may incriminate him as referred to in subsection (a), and the court rejected the application and the evidence was produced, that evidence shall not be submitted against that person in a trial in which he is charged with the offence of which the fact disclosed by the evidence is an element, unless he consented thereto.
(c)An accused who chose to testify at his trial as a defence witness shall not be subject to this section in respect of the offence with which he is charged at that trial.

Testimony of an Advocate§

48.
(a)Communications and documents exchanged between an advocate and his client or between an advocate and another person on behalf of the client, which are materially connected to the professional service rendered by the advocate to the client, the advocate is not obliged to produce as evidence, unless the client has waived the privilege; and the same applies to an employee of an advocate to whom communications and documents delivered to the advocate came in the course of his employment in the service of the advocate.
(b)The provisions of subsection (a) shall apply also after the witness has ceased to be an advocate or an employee of the advocate.

Testimony of a Physician§

49.
(a)A physician is not obliged to produce evidence concerning a matter relating to a person who sought his services, where the matter came to his knowledge in the course of his work as a physician and is of a nature that, by its character, is ordinarily communicated to a physician in confidence that it will be kept secret, unless the person has waived the privilege or the court has found that the need to disclose the evidence for the doing of justice outweighs the interest in not disclosing it; and the same applies to a person to whom, in the course of his employment in the service of the physician or in the service of a medical institution or in the professional team working with the physician, in the course of treatment of patients, a matter communicated to the physician came to his knowledge.
(b)The provisions of subsection (a) shall apply also after the witness has ceased to be a physician or to work as referred to in the latter part of subsection (a).
(c)
(1)Where privilege is claimed under this section, the proceedings on the claim shall be held in camera; if the court decides to hear the testimony, it shall hear it in camera, unless it has ordered that the matter be heard, in whole or in part, in public;
(2)Where proceedings as referred to in paragraph (1) were held in camera, the court may permit a particular person or a particular group of persons to be present during the proceedings, in whole or in part.

Testimony of a Psychologist§

50.
(a)An expert psychologist within the meaning of an Order made under this section is not obliged to produce evidence concerning a matter relating to a person who sought his services, where the matter came to his knowledge in the course of his work as a psychologist and is of a nature that, by its character, is ordinarily communicated to a psychologist in confidence that it will be kept secret, unless the person has waived the privilege or the court has found that the need to disclose the evidence for the doing of justice outweighs the interest in not disclosing it.
(b)The provisions of subsection (a) shall apply also after the witness has ceased to be an expert psychologist.
(c)
(1)Where privilege is claimed under this section, the proceedings on the claim shall be held in camera; if the court decides to hear the testimony, it shall hear it in camera, unless it has ordered that the matter be heard, in whole or in part, in public;
(2)Where proceedings as referred to in paragraph (1) were held in camera, the court may permit a particular person or a particular group of persons to be present during the proceedings, in whole or in part.
(d)The Minister of Health shall, with the consent of the Minister of Justice, make an Order defining who is an expert psychologist for the purposes of this section.

Testimony of a Social Worker§

50a.
(a)A social worker as defined in the Social Workers Law, 5756-1996, is not obliged to produce evidence concerning a matter relating to a person who sought his services, where the matter came to his knowledge in the course of his occupation as a social worker and is of a nature that, by its character, is ordinarily communicated to a social worker in confidence that it will be kept secret, unless the person has waived the privilege or the court has found that the need to disclose the evidence for the doing of justice outweighs the interest in not disclosing it.
(b)The provisions of subsection (a) shall apply also after the witness has ceased to be a social worker.
(c)
(1)Where privilege is claimed under this section, the proceedings shall be held in camera; if the court decides to hear the testimony, it shall hear it in camera, unless it has ordered that the matter be heard, in whole or in part, in public;
(2)Where proceedings as referred to in paragraph (1) were held in camera, the court may permit a particular person or a particular group of persons to be present during the proceedings, in whole or in part.

Privilege of Evidence Regarding Testimony of a Professional in Criminal Proceedings Concerning a Sexual Offence or a Serious Family Violence Offence§

50b.
(a)In this section —

"professional" — a physician in respect of mental health treatment, a psychologist or a social worker within their respective meanings in sections 49, 50 or 50a, as applicable;

"Victims of Crime Rights Law" — the Victims of Crime Rights Law, 5761-2001;

"Military Justice Law" — the Military Justice Law, 5715-1955;

"sexual offence or serious family violence offence" — an offence listed in the First C Schedule to the Victims of Crime Rights Law and an offence listed in the Fifth A Schedule to the Military Justice Law.

(b)Notwithstanding the provisions of sections 49, 50 and 50a, in criminal proceedings concerning a sexual offence or a serious family violence offence, with respect to evidence concerning a matter relating to a crime victim who sought the services of a professional, the following provisions shall apply:
(1)in criminal proceedings in which an indictment has been filed for such an offence and the defence seeks to disclose the evidence, the professional is not obliged to produce the evidence unless the crime victim has waived the privilege or the court has found that the evidence is likely to assist the defence of the accused and the degree of benefit to the defence outweighs the interest in not disclosing it, including the harm that may be caused by its disclosure to the crime victim and to his rehabilitation, or that it is essential to the defence of the accused;
(2)in criminal proceedings in which such an offence was investigated and at the request of an investigating authority the court ordered the disclosure of evidence pursuant to the provisions of section 49(a), 50(a) or 50a(a), or where the crime victim waived the privilege — upon the filing of the indictment, the evidence shall be subject to the privilege referred to in those sections, unless one of the following conditions is met:
(a)the evidence is essential to proving the charge;
(b)the evidence is likely to assist the defence of the accused and the degree of benefit to the defence outweighs the interest in not disclosing it, including the harm that may be caused by its disclosure to the crime victim and to his rehabilitation, or it is essential to the defence of the accused;
(3)a prosecutor shall not produce evidence as referred to in paragraph (2) unless a District Attorney, his deputy or a senior official in the State Attorney's Office whom the District Attorney has authorised for this purpose, the head of a prosecution unit in the Israel Police or his deputy, or a military advocate or his deputy, as the case may be, has confirmed that the privilege does not apply to the evidence; the accused shall be provided with information on the existence of evidence that was not produced as aforesaid;
(4)an application to disclose evidence that was not produced pursuant to the provisions of paragraph (2) shall be heard in the manner in which applications under section 49(a), 50(a) or 50a(a) are heard, and shall be examined in accordance with the provisions of paragraph (1).
(c)In criminal proceedings concerning a sexual offence or a serious family violence offence, before the court decides to disclose privileged evidence concerning a matter relating to a crime victim who sought the services of a professional —
(1)the court shall give the crime victim the right to express his position, and shall also give the professional an opportunity to express his position, all in accordance with the provisions of section 13a(f) of the Victims of Crime Rights Law or section 513m1(f) of the Military Justice Law, as the case may be;
(2)the court shall consider the harm that may be caused by the disclosure of the evidence to the crime victim and to his rehabilitation, and in the case of a minor — shall also consider the harm to the best interests of the minor, and the provisions of section 13a(f)(3) of the Victims of Crime Rights Law or section 513m1(f)(3) of the Military Justice Law, as the case may be, shall apply;
(3)where the application for disclosure of the evidence was submitted at the investigation stage — the court shall also examine the fulfilment of the conditions in section 13a(b) of the Victims of Crime Rights Law or in section 513m1(b) of the Military Justice Law, as the case may be.

Testimony of a Minister of Religion§

51.

A minister of religion is not obliged to give evidence concerning a matter told to him in confession and the disclosure of which is forbidden to him under the laws of his religion.

Application§

52.

The provisions of this Chapter shall apply both to the production of evidence before a court and tribunal and to the production thereof before an authority, body or person empowered by law to take evidence; and where this Chapter refers to "court", a tribunal, body or person as aforesaid is also included.

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