Cumplido el Tramite de contestacion

English translation: Having filed an answer to the complaint

06:57 Apr 3, 2011
Spanish to English translations [PRO]
Law (general)
Spanish term or phrase: Cumplido el Tramite de contestacion
I would like to know what will be the best way to translate this phrase from European Spanish into American English.

It's the translation of a divorce from Alicante, Spain.

Here is the full phrase:

Cumplido el tramite de contestacion a la demanda y de acuerdo con lo dispuesto en el articulo 440, al que remiten los articulos 753 y 770, todos ellos de la LECn,
yugoslavia
United States
Local time: 21:23
English translation:Having filed an answer to the complaint
Explanation:
You indicate that this is for a US audience, and this would be the appropriate wording in American procedural terminology. "Trámite de contestación a la demanda" refers to the filing of the respondent's answer to the petitioner's complaint. The basic vocabulary of Spanish civil procedure is expressed in American English as follows:

--demandante--plaintiff
--demandado--defendant
(For divorce proceedings, this would be "petitioner" and "respondent")
--demanda--complaint
--contestación a la demanda--answer (to the complaint)
--reconvención--counterclaim
--contestación a la reconvención--reply to counterclaim
--declarar en rebeldía--declare in default
--sentencia dictada en rebeldía--default judgment
etc.

Your text says: "Having filed an answer to the complaint pursuant to the provisions of..."

Here are some examples:

Having filed an Answer to the Complaint, Vetter submitted himself to that same jurisdiction. B. In A Medical Malpractice Case If A Defendant Files An Answer ...
www.vamedmal.com/library/grace-lents-dpm.cfm

the Court finds that the myriad of explanations offered by Defendant for not having filed an Answer to the Complaint or a motion to vacate default...
law.justia.com › ... › August, 2007

appellants, without having filed an answer to the complaint, made a motion under Code Ann. 81A-112 (f) to strike three paragraphs of ...
vlex.com/vid/mock-et-v-copeland-20465162

The only explanation offered by defense counsel for not having filed an answer to the complaint before entry of a default judgment was that, ...
pa.findacase.com/research/wfrmDocViewer.aspx/xq/fac...0043127.../qx

Selected response from:

Rebecca Jowers
Spain
Local time: 03:23
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1Having filed an answer to the complaint
Rebecca Jowers
4 +1A defence to the petition having been filed,
Wordwatcher
4Upon completion of this Proceedings
Constantinos Faridis (X)
4 -1The procedure for reply having been followed....
FVS (X)
3Once a reply/answer/response has been made to the petition or the time for doing so has expired
Tom2004


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Upon completion of this Proceedings


Explanation:

Upon completion of Proceedings of Regional Conference on Knowledge .... ask and reply to issue/topic/question, and to announce important information. ...
mmu-my.academia.edu/.../COLLABORATIVE-NETWORK-SECURITY-MONITORING--NSM--ANALYSIS-FOR-.

To reply to all correspondence which does not require a legal opinion, .... 14 days after all materials are available upon completion of those proceedings ...

Our Lady of the Holy Rosary, 923 Matamoros St, Mission, TX 78572-5840, USA
www.doj.gov.hk/eng/.../ple.ht

Constantinos Faridis (X)
Greece
Local time: 04:23
Native speaker of: Greek
PRO pts in category: 17
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
Having filed an answer to the complaint


Explanation:
You indicate that this is for a US audience, and this would be the appropriate wording in American procedural terminology. "Trámite de contestación a la demanda" refers to the filing of the respondent's answer to the petitioner's complaint. The basic vocabulary of Spanish civil procedure is expressed in American English as follows:

--demandante--plaintiff
--demandado--defendant
(For divorce proceedings, this would be "petitioner" and "respondent")
--demanda--complaint
--contestación a la demanda--answer (to the complaint)
--reconvención--counterclaim
--contestación a la reconvención--reply to counterclaim
--declarar en rebeldía--declare in default
--sentencia dictada en rebeldía--default judgment
etc.

Your text says: "Having filed an answer to the complaint pursuant to the provisions of..."

Here are some examples:

Having filed an Answer to the Complaint, Vetter submitted himself to that same jurisdiction. B. In A Medical Malpractice Case If A Defendant Files An Answer ...
www.vamedmal.com/library/grace-lents-dpm.cfm

the Court finds that the myriad of explanations offered by Defendant for not having filed an Answer to the Complaint or a motion to vacate default...
law.justia.com › ... › August, 2007

appellants, without having filed an answer to the complaint, made a motion under Code Ann. 81A-112 (f) to strike three paragraphs of ...
vlex.com/vid/mock-et-v-copeland-20465162

The only explanation offered by defense counsel for not having filed an answer to the complaint before entry of a default judgment was that, ...
pa.findacase.com/research/wfrmDocViewer.aspx/xq/fac...0043127.../qx



Rebecca Jowers
Spain
Local time: 03:23
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2210

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM. (X): for the US: www.edivorcepapers.com/divorce-petition/answer-to-divorce-p...
10 hrs
  -> Thanks, Tom
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Once a reply/answer/response has been made to the petition or the time for doing so has expired


Explanation:
It would appear that art. 753 and 770 contemplate 2 distinct scenarios, either of which might trigger the provisions of art 440:
1) Reply filed
2) No reply has been filed and the time for filing reply has expired

http://despachoabogados.fullblog.com.ar/juicio-separacion-di...


Tom2004
Canada
Local time: 21:23
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 313
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7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
A defence to the petition having been filed,


Explanation:


--------------------------------------------------
Note added at 11 hrs (2011-04-03 18:10:06 GMT)
--------------------------------------------------

The procedure appears to be as follows: the respondent fails to enter an appearance, and as a result is declared to be in default. In order for the proceedings to progress, there has to be a hearing and both parties must be summoned to attend. A pre-requisite for the hearing is that a defence must have been filed. Accordingly, the Ministerio Fiscal files a defence on behalf of the defaulting respondent (presumably a simple denial of the petitioner’s allegations). If the whereabouts of the respondent are unknown, he or she is summoned by means of public announcements. There is then a hearing and a decree is issued.
That is why I suggest “a defence having been filed” - a defence has indeed been filed, albeit not by the respondent.
See the standard form at http://www.justizia.net/uzei/idazki/994A/994A_020.html

Wordwatcher
United Kingdom
Local time: 02:23
Native speaker of: Native in EnglishEnglish
PRO pts in category: 96

Peer comments on this answer (and responses from the answerer)
neutral  FVS (X): Very interesting link and quite apposite. However I think the term 'defence' is misleading here. It is a question of reply or answer. //In this case the appropriate generic term is reply.
11 hrs
  -> “Defence” is apposite in that it makes it clear that it is the second document in the exchange of pleadings. It is a generic term, the type that translators should use so as not to be tied down terminologically to a particular jurisdiction.

agree  Adrian MM. (X): definitely a defendant's defenc/se and not as far as a claimant's/plaintiff's reply. Shows a good knowledge of civil procedure.
11 hrs
  -> Gracias
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
The procedure for reply having been followed....


Explanation:
I don't think a defence has been filed. He has been declared in rebeldia for not appearing.

--------------------------------------------------
Note added at 11 hrs (2011-04-03 18:44:26 GMT)
--------------------------------------------------

answer = The formal defence to a divorce petition.
http://www.divorceaid.co.uk/legal/process.htm

--------------------------------------------------
Note added at 11 hrs (2011-04-03 18:45:56 GMT)
--------------------------------------------------

In generic terms the term 'reply' is used

"Legal matters | Do I have to reply to this divorce petition, I'm"
"My husband is refusing to reply to the divorce petition"
"The reply to the petition and the Healys divorce lawyer London"

FVS (X)
Native speaker of: Native in EnglishEnglish
PRO pts in category: 907

Peer comments on this answer (and responses from the answerer)
neutral  Wordwatcher: See my note below regarding the filing of a defence. A defence will have been filed by the Ministerio Fiscal.
9 hrs
  -> see my comment on your answer and very interesting link. My answer stands.

disagree  Adrian MM. (X): a reply is a misnomer and is the claimant's/plaintiff's answer to the defendant's defenc/se. Surely you know this from your EN or US civil procedure: www.law.cornell.edu/rules/frcp/Rule12.htm //It's an answer and not a reply. Pls. revise your civil proc.
9 hrs
  -> Stop following me around and disagreeing on everything I say because you can't stand the fact that your legal understanding is so poor and see my note.// and it's not claimant or plaintiff, it's petitioner in divorce. And the other party is the respondent
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