Choshen Mishpat - Daily Recordings

The Right to Receive a Copy of the DocumentSummary: This recording discusses whether a defendant against whom a שטר has been presented is entitled to receive a copy of it in order to examine the document and prepare his response, and concludes that the accepted practice is to provide such a copy.

Compelling Production of a Document Containing Evidence for Another LitigantSummary: This recording discusses when a person can be compelled to produce a שטר in his possession because another litigant claims that it contains evidence in his favor, and distinguishes between a vague assertion and a sufficiently substantiated claim.

When a Litigant Knows Evidence Exists but Cannot Locate ItSummary: This recording discusses a litigant who knows that evidence exists in his favor but does not know who possesses it, and the power of בית דין to impose a חרם requiring anyone with relevant evidence—even the opposing litigant—to disclose it.

The Shulchan Aruch on Granting TimeSummary: This recording examines סעיפים א–ב of the שולחן ערוך, which establish thirty days as the standard period for producing evidence while allowing בית דין to shorten or extend that period as necessary, and also discuss when a litigant may receive time simply to formulate a response.

The Tur on Time to Bring EvidenceSummary: This recording examines the ruling of the טור that a litigant is ordinarily given thirty days to produce evidence, and the distinction of רבי ישעיה דטראני between a claimant who initially presented his case without evidence and one who stated from the outset that evidence exists but is not presently available.