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mit Nichtwissen bestreiten

English translation: deny based upon lack of knowledge

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20:22 Aug 26, 2002
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: mit Nichtwissen bestreiten
Es muss mit Nichtwissen bestritten werden, dass es zu einer derartigen Vereinbarung zwischen der Beklagten YYY und der Firma ZZZ gekommen ist.
Ddorf
Local time: 09:20
English translation:deny based upon lack of knowledge
Explanation:
20 exp. as lawyer

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Note added at 2002-08-26 20:35:57 (GMT)
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When a party makes an allegation in a Complaint or other pleading the othr party has a certain number of days in which to answer the allegation. This party must either admit or deny the allegation. If the party does neither, he is deemed to have admitted the allegation. Consequnetly, when the party lacks knowledge as to the allegation, he must for the time being deny the allegation based upon lack of knowledge. Once he has the necessary knowledge, he may admend his answer to either admit or deny.
Selected response from:

Dr. Fred Thomson
United States
Local time: 07:20
Grading comment
Besten Dank fuer die Hilfestellung.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2deny based upon lack of knowledge
Dr. Fred Thomson
5 +1notice to produceBeate Lutzebaeck
4to refute due to lack of knowledge
swisstell
4to raise the plea of lack of knowledge
writeaway


  

Answers


10 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
deny based upon lack of knowledge


Explanation:
20 exp. as lawyer

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Note added at 2002-08-26 20:35:57 (GMT)
--------------------------------------------------

When a party makes an allegation in a Complaint or other pleading the othr party has a certain number of days in which to answer the allegation. This party must either admit or deny the allegation. If the party does neither, he is deemed to have admitted the allegation. Consequnetly, when the party lacks knowledge as to the allegation, he must for the time being deny the allegation based upon lack of knowledge. Once he has the necessary knowledge, he may admend his answer to either admit or deny.

Dr. Fred Thomson
United States
Local time: 07:20
Specializes in field
Native speaker of: English
PRO pts in category: 608
Grading comment
Besten Dank fuer die Hilfestellung.

Peer comments on this answer (and responses from the answerer)
agree  writeaway: spoken like a true defense/defence attorney
4 mins

agree  Ron Stelter
3 days22 hrs
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12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
to refute due to lack of knowledge


Explanation:
to dispute because of lack of knowledge

swisstell
Italy
Local time: 15:20
Specializes in field
Native speaker of: German
PRO pts in category: 128
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
to raise the plea of lack of knowledge


Explanation:
Romain

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Note added at 2002-08-26 20:44:44 (GMT) Post-grading
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Finally, Ezeiruaku argues that his counsel was ineffective because he failed to raise his lack of knowledge of the reporting requirement as an issue
http://www.paed.uscourts.gov/documents/opinions/98D1225P.HTM

writeaway
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 51
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28 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
notice to produce


Explanation:
"mit Nichtwissen wird bestritten" is a formula used by lawyers in civil proceedings in Germany in accordance with section 138 (4) of the German Code of Civil Proceedings (ZPO) if the other party makes a statement in their court documents and the first party wishes them to produce evidence to support these statements. In lay-man's terms, this formula means: "Since you haven't produced any evidence to back up your claim or statement, I'm saying it's simply not true." Parties can only mit Nichtwissen bestreiten if those statements relate to facts or circumstances that are not based on actions by the party who "bestreitet" nor are "Gegenstand of their Wahrnehmung", i.e. you cannot require notice to produce, for example, if the fact in question is common knowledge.

The formula used here in NZ and in the UK to the same effect is "to give notice to produce".

"notice to produce
Notice by one party to a civil action requiring another to produce documents in his possession at the trial. If he fails to do so, secondary evidence of the documents may be given. If there
has been discovery and inspection of documents, in the High Court the person making discovery is deemed to be on notice to produce the documents that he stated were in his possession, custody, or power."

Your sentence could therefore be translated as follows:
"We require notice to produce with regard to the allegation that the defendant YYY and ZZZ entered into any such agreement."

Now it's up to the defendant to produce evidence, i.e. a written contract or other documents (or witnesses) proving their claim.

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Note added at 2002-08-26 20:54:33 (GMT) Post-grading
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Oh well, was too late with my answer - Fred\'s answer is close but not entirely correct, as the German formula contains a procedural threat that is not contained in the formula proposed by him, but in the standard formula \"notice to produce\".


    Reference: http://www.xrefer.com/entry/466437
    Professional exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 01:20
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 227

Peer comments on this answer (and responses from the answerer)
agree  Dr. Fred Thomson: Actually, my answer is entirely correct, but perhaps not as complete as possible. Asker probably doesn't care about the restrictions imposed upon the use of such a denial, nor about the implicit demand that Plaintiff prove its allegation.
1 day15 hrs
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Changes made by editors
Jul 26, 2013 - Changes made by Steffen Walter:
Field (specific)(none) » Law (general)


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