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régularisation de la procédure

English translation: regularize, take steps to correct procedural matters, take corrective measures,

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:régularisation de la procédure
English translation:regularize, take steps to correct procedural matters, take corrective measures,
Entered by: Yolanda Broad
Options:
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- Include in personal glossary

09:02 May 19, 2003
French to English translations [PRO]
Law/Patents
French term or phrase: régularisation de la procédure
Dans un arrêt de la Cour d'Appel de Caen - une affaire concernant une succession et divers testaments : Attendu en conséquence qu'il y a lieu de réouvrir les débats et de renvoyer l'affaire à la mise en état pour régularisation de la procédure.

I know that the term "mise en état" et "juge de mise en état" has already been discussed. What do you Proziens think about the following :
It is proper for the proceedings to be reopened and for the procedural defects of the suit to be cured. - MMPB
MMPB
Local time: 10:25
regularize, take steps to correct procedural matters, take corrective measures,
Explanation:
http://www.proz.com/kudoz/437704


“Whereas/Given that there is reason to reopen the hearing and to refer the case to the procedural judge for procedural matters to be sorted out…”

Or, and with a bit of licence, and to avoid repetition :

“… to the judge to regularize procedural matters…”

I know that the EuroDicAUtom suggests “preparation of a case for court” or something similar, I think that is insufficient. It’s much more than that. The role of the JME is to make sure that all procedural matters are in order, that all the necessary paperwork has been prepared, issued and served in accordance with procedural rules and that a case is ready to be referred to the court. Where the JME is called upon, it is not just to finalise details, but to take corrective measure. The JME has rather extensive powers. He can set right something which has been done erroneously, or make sure that something which has been omitted is in fact done.

Avoid using the term “settle” or anything similar, as this word has a number of very specific meanings in English law, none of which is appropriate here : cf. www.xfer.com for the Oxford Dictionary of English Law.

However, the term “regularize”, is used at the risk of sounding a bit word for word. “Sort out” does sound a little too colloquial as does "set right". APart from "regularize", "take corrective measures" may be going to far. Howabout "take steps to regularize"...





http://www.uwe.ac.uk/law/modules/french_law/FLS17.htm

“· préparation de l’affaire: mise en état (instruction)
- (audience d’) l’appel des causes
- circuit court: l’affaire est “en état” cad prête à être jugée
- circuit long: désignation d’un juge de mise en état
- JME a des pouvoirs étendus: demande des éléments de preuve, veille à la ponctualité des échanges des conclusions, ordonne expertises et enquêtes, mesures provisoires...
- affaire est prête: JME rend une ordonnance de clôture de l’instruction et renvoie l’affaire en audience”

Selected response from:

Nikki Scott-Despaigne
Local time: 10:25
Grading comment
Thanks for you help. I added a note to the question. I also just found "to cure a defect" in my Economic and Legal Dictionary published by Navarre. MMPB
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1can mean resolve or formalize - in this case I would lean toward formalizexxxPaulaMac
5 -1to settle proceedings
Rachel Mackay
4regularize, take steps to correct procedural matters, take corrective measures,
Nikki Scott-Despaigne
3finalize procedure details (or just settlement)
cjohnstone


Discussion entries: 1





  

Answers


15 mins   confidence: Answerer confidence 5/5 peer agreement (net): -1
to settle proceedings


Explanation:
Australian Securities and Investments Commission - Media and ...
02/33 ASIC and Charles Augustine Sweeney QC settle proceedings relating to share
trading in Bendigo Mining NL Friday 1 February 2002 The Australian Securities ...
www.asic.gov.au/asic/ASIC_PUB.NSF/byheadline/ 02%2F33+ASIC+and+Charles+Augustine+Sweeney+QC+settle+proceed... -

and

Draft Civil Proceedings Rules
... Without prejudice, A communication which is made ‘without prejudice’, often in
the context of an offer to settle proceedings, is intended to have no effect ...
www.law.warwick.ac.uk/woolf/rules/glossary.html

Rachel Mackay
Local time: 09:25
Native speaker of: English
PRO pts in pair: 116

Peer comments on this answer (and responses from the answerer)
disagree  Nikki Scott-Despaigne: settle, settlement etc have specific meanings within legal contexts. An "offer to settle" is for example an offer to reach an out of court agreement... "régulariser" is a term used in ordinary, commercial and legal French which means to get things sort
6 hrs
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3 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
can mean resolve or formalize - in this case I would lean toward formalize


Explanation:
I would cure a patient, or meat, but not a procedure.

xxxPaulaMac
PRO pts in pair: 324

Peer comments on this answer (and responses from the answerer)
agree  cjohnstone: formalize coupd be a good idea
26 mins

neutral  Nikki Scott-Despaigne: This is one possible meaning, but in context, the case is referred to the JME for corrective emasures to be taken.
3 hrs
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
finalize procedure details (or just settlement)


Explanation:
another idea

cjohnstone
France
Local time: 10:25
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in pair: 1632
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
regularize, take steps to correct procedural matters, take corrective measures,


Explanation:
http://www.proz.com/kudoz/437704


“Whereas/Given that there is reason to reopen the hearing and to refer the case to the procedural judge for procedural matters to be sorted out…”

Or, and with a bit of licence, and to avoid repetition :

“… to the judge to regularize procedural matters…”

I know that the EuroDicAUtom suggests “preparation of a case for court” or something similar, I think that is insufficient. It’s much more than that. The role of the JME is to make sure that all procedural matters are in order, that all the necessary paperwork has been prepared, issued and served in accordance with procedural rules and that a case is ready to be referred to the court. Where the JME is called upon, it is not just to finalise details, but to take corrective measure. The JME has rather extensive powers. He can set right something which has been done erroneously, or make sure that something which has been omitted is in fact done.

Avoid using the term “settle” or anything similar, as this word has a number of very specific meanings in English law, none of which is appropriate here : cf. www.xfer.com for the Oxford Dictionary of English Law.

However, the term “regularize”, is used at the risk of sounding a bit word for word. “Sort out” does sound a little too colloquial as does "set right". APart from "regularize", "take corrective measures" may be going to far. Howabout "take steps to regularize"...





http://www.uwe.ac.uk/law/modules/french_law/FLS17.htm

“· préparation de l’affaire: mise en état (instruction)
- (audience d’) l’appel des causes
- circuit court: l’affaire est “en état” cad prête à être jugée
- circuit long: désignation d’un juge de mise en état
- JME a des pouvoirs étendus: demande des éléments de preuve, veille à la ponctualité des échanges des conclusions, ordonne expertises et enquêtes, mesures provisoires...
- affaire est prête: JME rend une ordonnance de clôture de l’instruction et renvoie l’affaire en audience”



Nikki Scott-Despaigne
Local time: 10:25
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4404
Grading comment
Thanks for you help. I added a note to the question. I also just found "to cure a defect" in my Economic and Legal Dictionary published by Navarre. MMPB
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