How does a Bais Din operate? - A case is initiated when the plaintiff (Toveah) brings a grievance before the Vaad and requests that the defendant (Nitvah) be summoned to the Bais Din for a Din Torah. Other than a brief description of the claim, the Bais Din will not listen to any details of the case nor will it hear testimony or review evidence to support either side until a formal session of the Bais Din is convened. To maintain the utmost degree of impartiality, the Bais Din may not hear one side of a dispute unless the opposing side is present. A judge, who has preconceived opinions or any other prejudice, must recluse himself from the case.
The Summons - (Hazmonah), the summons to appear before Bais Din is sent to the defendant. A Jew is obliged to respond to the Bais Din's summons and appear before the court. If the defendant does not respond, the Bais Din will send the summons twice more before issuing a Siruv.
Siruv - A siruv is a judgment of contempt. One who ignores a summons or refuses to appear before Bais Din may be found in contempt of Bais Din. Such a person is placed under a ban of excommunication. He must conduct himself as though in mourning until the ban is lifted. He is shunned by the community until he corrects the situation. In the case of a contemptuous defendant, the Bais Din may grant permission for the plaintiff to pursue his case in the secular courts.
The Din Torah Proceeding - When the defendant responds to a summons the administrator of the Vaad will work to set a hearing time and date which is mutually convenient. Typically, a Bais Din session lasts approximately two hours. A complex case may require multiple sessions. Both parties will be asked to sign a binding arbitration agreement (Shtar Berurim). The agreement ensures that the Bais Din decision is upheld by all. A legally binding document, it makes the ruling of the Bais Din enforceable in civil court. After the binding arbitration agreement is completed, the plaintiff presents his case in the presence of the defendant who is then given the opportunity to defend himself. Each side is given ample time to present documents and testimonies in support of their respective positions. After questioning both sides the Bais Din will issue its decision in keeping with the guidelines set forth in Shulchan Orech. Often, the Bais Din members will postpone their decision for several days so that they may discuss the case among themselves and properly weigh the merits of each side's argument.
Fees - A Bais Din member, Dayan, may not charge for his services. However, a Dayan may collect Sechar Batalah, a minimal charge to compensate for the time he spends hearing the case, debating the decision and preparing the associated documents and notes - time invested in the case which he could have spent in an otherwise productive manner. The following is the fee schedule assessed by the Vaad all fees are shared equally among the litigants. The Bais Din may require the plaintiff to pay the entire fee if the case is judged to have been brought frivolously.
Standard Din Torah: $1000 per two-hour session. $500 each side.
If Toanim are involved an additional charge of $100 per side is applied.
All fees must be paid at the time of the Din Torah.
Is there a less expensive alternative for small claims? - There is. As a service to the community, the Vaad has devised a unique small claims procedure for disputes involving $5000 or less in which both parties willingly appear - obviating the need for Hazmonos. After signing a Shtar Berurim, a member of the Bais Din will hear both sides of the dispute in an informal one-hour session. The fee for each litigant is $100. If it is judged that the matter is too complex for such an informal hearing, the Dayan will recommend convening a full Din Torah. If he feels that the matter can be settled without further litigation, he will issue a ruling after consulting with other Bais Din members.
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