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הם ציינו את השו''ע והמעשה הנ''ל וחתמו שם כך: '...שמ"מ ראוי לה לנתבעת שתפייס את התובעת שנפגעה בגרמתה...והתובעת תמחול לה בלב שלם'.

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שים לב, שקול להגיש את הבקשה בתחילת תהליך התביעה ולא במהלכו או לאחר קבלת פסק הדין. אם תגלה את עובדות אלו לאחר שנתקבל פסק הדין ותעלה את טיעון זה במכתב תלונה נגד שופט – לאחר שהסתיים הדיון – הדבר לא ישנה את הפסיקה.

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