prueba de informes

English translation: evidentiary report of material records

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:prueba de informes
English translation:evidentiary report of material records
Entered by: Manuel Cedeño Berrueta

11:45 Apr 9, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / procedural law
Spanish term or phrase: prueba de informes
"Prueba de informes” is defined as follows:
“La prueba de informes puede caracterizarse como un medio de aportar al proceso datos concretos acerca de actos o hechos resultantes de la documentación, archivos o registros contables de terceros o de las partes, siempre que tales datos no provengan necesariamente del conocimiento personal de aquellos.”
http://www.enciclopedia-juridica.biz14.com/d/prueba-de-infor...

In this regard, the Venezuelan Code of Civil Procedure sets out that

“Artículo 433° Cuando se trate de hechos que consten en documentos, libros, archivos u otros papeles que se hallen en oficinas públicas, Bancos, Asociaciones gremiales, Sociedades civiles o mercantiles e instituciones similares, aunque éstas no sean parte en el juicio, el Tribunal, a solicitud de parte, requerirá de ellas informes sobre los hechos litigiosos que aparezcan de dichos instrumentos, o copia de los mismos.”
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I have been thinking of (a) report on evidence, (b) evidentiary report or (c) evidence report as possible translations

I would appreciate your help on this issue.
Many thanks in advance
Manuel Cedeño Berrueta
Local time: 03:38
evidentiary report of material records
Explanation:
The closest thing that I can find as a functional equivalent is material evidence, which is defined by Black’s Law Dictionary as “evidence having some logical connection with the facts of consequence or the issues.” I would use this functional equivalent and add “report” and “records” to the translation: evidentiary report of material records. Once this full term has been established in the translation, we can shorten it for brevity or context.

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Note added at 3 hrs (2018-04-09 15:36:02 GMT)
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The term prueba de informes has a specific meaning onto itself as evidenced by the entry in the cited legal encyclopedia. However, a literal translation of evidentiary report(s) is not enough since it is too generic in English. That is why I offered an explicitation of the term. Once “material records” has been established there is no doubt at to what the evidentiary report is about.

--------------------------------------------------
Note added at 4 hrs (2018-04-09 16:15:17 GMT)
--------------------------------------------------

All of your Venezuelan lawyer friends know exactly that informes, in this context, means prueba de informes. If we only said reports or evidentiary reports to an American lawyer, he or she would not know what we’re talking about. Therefore, the term in English would have to be explicit. I would recommend translating sin informes as without any evidentiary report of material records.

This is analogous to translating chau, suerte. I we say, “bye, luck,” it sounds odd. But if we convert the message to an explicit one, “bye, good luck,” it makes sense to the English speaker.

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Note added at 4 hrs (2018-04-09 16:18:12 GMT)
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This may also work: without any material records report.

--------------------------------------------------
Note added at 12 hrs (2018-04-10 00:21:58 GMT)
--------------------------------------------------

But should be hyphenated: without any material-records report.

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Note added at 14 days (2018-04-23 19:02:24 GMT) Post-grading
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Hi, Manuel. While researching terms for the other KudoZ entry we are working on, I came across “qualified witness” and thought that since adjectives related to “witness” and “evidence” are intrinsically associated, the following might offer a different lens from which to operate for this query.

Perhaps qualified evidence or qualified evidentiary report. I’m not sure which one should be the noun, evidence or report.

BLACK’S LAW DICTIONARY
qualified witness.
A witness who, by explaining the manner in which a business records are made and kept, is able to lay the foundation for the admission of those records under an exception to the hearsay rule. Fed. R. Evid. 803(6).

FEDERAL RULES OF EVIDENCE
Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial


(6) Records of regularly conducted activity.—A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term ‘‘business’’ as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.


FEDERAL RULES OF EVIDENCE
Rule 902. Self-authentication


(11) Certified domestic records of regularly conducted activity.— The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration of its custodian or other qualified person, in a manner complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority, certifying that the record—
(A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

(12) Certified foreign records of regularly conducted activity.— In a civil case, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration by its custodian or other qualified person certifying that the record—
(A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice. The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

--------------------------------------------------
Note added at 14 days (2018-04-23 20:00:01 GMT) Post-grading
--------------------------------------------------

Manuel, thank you for letting me know which one would be the noun and for distinguishing the two types of informes. Good to know!
Selected response from:

Sandro Tomasi
Local time: 03:38
Grading comment
Many thanks, Sandro, and also Taña.
Much appreciated

4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1evidentiary report of material records
Sandro Tomasi
4official deed/record
Francois Boye


Discussion entries: 1





  

Answers


12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
official deed/record


Explanation:
Prueba de informes

La prueba de informes puede caracterizarse como un medio de aportar al proceso datos concretos acerca de actos o hechos resultantes de la documentación, archivos o registros contables de terceros o de las partes, siempre que tales datos no provengan necesariamente del conocimiento personal de aquellos.

Esta clase de prueba presenta características que la distinguen suficientemente de los restantes medios probatorios.

En primer lugar no entraña una especie de prueba documental, porque ésta requiere la aportación directa del documento al proceso
(sea en forma espontánea o a raíz de una orden de exhibición), al paso que el informante se limita a transmitir al órgano judicial tras la orden pertinente, el conocimiento que le proporcionan las constancias documentales que se encuentran en su poder. El informante, en segundo lugar, se asemeja al testigo porque tanto el informe como el testimonio se refieren a hechos pasados; pero se diferencian en cuanto:

1) el informante puede ser (y generalmente lo es) una persona jurídica, mientras que el testigo debe ser necesariamente una persona física; 2) el informante, a diferencia del testigo, puede adquirir conocimiento de los hechos de que se trate en el momento mismo de expedir el informe; 3) mientras el testigo declara sobre percepciones o deducciones de carácter personal, el informante debe atenerse a las constancias de la documentación que posee.

Y en tanto, finalmente, la expedición de un informe no requiere conocimientos técnicos especiales, el informante tampoco puede asimilarse a un perito.

https://www.proz.com/kudoz/spanish_to_french/law_general/644...

Francois Boye
United States
Local time: 03:38
Native speaker of: Native in FrenchFrench
PRO pts in category: 129
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
evidentiary report of material records


Explanation:
The closest thing that I can find as a functional equivalent is material evidence, which is defined by Black’s Law Dictionary as “evidence having some logical connection with the facts of consequence or the issues.” I would use this functional equivalent and add “report” and “records” to the translation: evidentiary report of material records. Once this full term has been established in the translation, we can shorten it for brevity or context.

--------------------------------------------------
Note added at 3 hrs (2018-04-09 15:36:02 GMT)
--------------------------------------------------

The term prueba de informes has a specific meaning onto itself as evidenced by the entry in the cited legal encyclopedia. However, a literal translation of evidentiary report(s) is not enough since it is too generic in English. That is why I offered an explicitation of the term. Once “material records” has been established there is no doubt at to what the evidentiary report is about.

--------------------------------------------------
Note added at 4 hrs (2018-04-09 16:15:17 GMT)
--------------------------------------------------

All of your Venezuelan lawyer friends know exactly that informes, in this context, means prueba de informes. If we only said reports or evidentiary reports to an American lawyer, he or she would not know what we’re talking about. Therefore, the term in English would have to be explicit. I would recommend translating sin informes as without any evidentiary report of material records.

This is analogous to translating chau, suerte. I we say, “bye, luck,” it sounds odd. But if we convert the message to an explicit one, “bye, good luck,” it makes sense to the English speaker.

--------------------------------------------------
Note added at 4 hrs (2018-04-09 16:18:12 GMT)
--------------------------------------------------

This may also work: without any material records report.

--------------------------------------------------
Note added at 12 hrs (2018-04-10 00:21:58 GMT)
--------------------------------------------------

But should be hyphenated: without any material-records report.

--------------------------------------------------
Note added at 14 days (2018-04-23 19:02:24 GMT) Post-grading
--------------------------------------------------

Hi, Manuel. While researching terms for the other KudoZ entry we are working on, I came across “qualified witness” and thought that since adjectives related to “witness” and “evidence” are intrinsically associated, the following might offer a different lens from which to operate for this query.

Perhaps qualified evidence or qualified evidentiary report. I’m not sure which one should be the noun, evidence or report.

BLACK’S LAW DICTIONARY
qualified witness.
A witness who, by explaining the manner in which a business records are made and kept, is able to lay the foundation for the admission of those records under an exception to the hearsay rule. Fed. R. Evid. 803(6).

FEDERAL RULES OF EVIDENCE
Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial


(6) Records of regularly conducted activity.—A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term ‘‘business’’ as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.


FEDERAL RULES OF EVIDENCE
Rule 902. Self-authentication


(11) Certified domestic records of regularly conducted activity.— The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration of its custodian or other qualified person, in a manner complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority, certifying that the record—
(A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

(12) Certified foreign records of regularly conducted activity.— In a civil case, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration by its custodian or other qualified person certifying that the record—
(A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice. The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

--------------------------------------------------
Note added at 14 days (2018-04-23 20:00:01 GMT) Post-grading
--------------------------------------------------

Manuel, thank you for letting me know which one would be the noun and for distinguishing the two types of informes. Good to know!

Sandro Tomasi
Local time: 03:38
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 472
Grading comment
Many thanks, Sandro, and also Taña.
Much appreciated
Notes to answerer
Asker: Thank you, Sandro. It appears only once, at the heading of a decree of divorce, which reads “VISTOS, sin informes”. According to my Venezuelan friend-lawyers, in this context, “sin informes” “Significa que han sido considerados los alegatos y los medios probatorios, pero no hay ninguna prueba de informes”. That is why I want to know how to express this idea clearly and briefly in English.

Asker: Thank you, Sandro. Of these possible solutions, I like “qualified evidentiary report”; I understand that the noun here is ‘report’. It may be tricky to translate these terms; I the same document (decree of divorce) I found (1) [Visto] “sin informes” (at the heading of the judgment) And at the statement of grounds it reads (2) “Efectuada la vista de la causa, y el **acto de informes**, el Tribunal a-quo dictó sentencia el 19 de mayo de 1.986 por la que se declara con lugar la demanda con los demás pronunciamientos de ley”. The first “informes” refers to the “prueba de informes” (evidentiary report; http://www.enciclopedia-juridica.biz14.com/d/prueba-de-informes/prueba-de-informes.htm), and the second (acto de informes) refers to the conclusions submitted by the parties (http://abgnoeliaavilez.blogspot.com/2016/10/etapa-de-informes-civiles.html). One of my sons, who is a practising lawyer, agrees with my interpretation of these terms.


Peer comments on this answer (and responses from the answerer)
agree  Alex Ossa: A neat, precise translation!
8 hrs
  -> Thank you, Alex!
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