para recusar

English translation: to file a motion for recusal

22:12 Jul 26, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / fideicomiso - México
Spanish term or phrase: para recusar
One of the powers in a power-of-attorney granted to a person representing a company ("Poder general de pleitos y cobranzas, actos de administración y actos de dominio") in Mexico.
That's it - there's nothing after "recusar".

"estarán facultados... c) Para recusar; d)..."

The trouble here is that this can mean a) to recuse; and b) to challenge (as in, to attempt to get a judge to recuse him/herself), and that I'd need something (a direct object) after both those verbs; or use a noun such as "recusal", but I can't find the right verb to go before it.
A previous KudoZ entry just suggests "To recuse" or "To challenge judges" - but it may not necessarily refer to a judge, so I may need something more general.

Into U.S. English.
Joshua Parker
Mexico
Local time: 20:14
English translation:to file a motion for recusal
Explanation:
Here's one solution.

The issue of recusal may come up in one of two ways. The first occurs when one of the parties to the case either makes a formal motion or suggests informally that the judge recuse herself. Often, the party will list the reasons he thinks the judge should not be involved in the case. The second way is for a judge to recuse herself sua sponte, or without a motion. These cases are most likely to happen when the reasons for a judge to recuse herself are very clear; however, even if a judge does not recuse herself sua sponte, a situation in which the reasons for recusal are clear almost always results in a motion or request for the judge to recuse herself.

http://www.rotlaw.com/legal-library/what-is-recusal-what-doe...

Motions to recuse or disqualify judges and other adjudicators have been made for all sorts of reasons. Most commonly such motions are predicated upon a claim that the judge is biased in favor of one party, or against another, or that a reasonable objective observer would think he might be. But such motions are also made on many other grounds, including the challenged judge’s:

http://www.judicialrecusal.com/grounds-for-recusal/

--------------------------------------------------
Note added at 41 mins (2018-07-26 22:54:39 GMT)
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A motion for recusal shall: (1) be made in writing, (2) state clearly and concisely in separately numbered paragraphs each ground relied upon as a basis for recusal together with the facts alleged in support thereof and, if applicable, citations to any pertinent provision of Supreme Court Rule 38, The Code of Judicial Conduct, (3) contain a verification by affidavit of any facts upon which the motion is grounded, unless the facts are apparent from the record or from the papers on file in the case, or are agreed to and stated in a writing signed by the parties or their attorneys, (4) except for good cause shown, be filed with the court by the appealing party with the notice of appeal or by another party within twenty (20) days of the filing of the appeal, and (5) certify the date or dates when the movant first became aware of the facts set forth in the motion.

https://www.courts.state.nh.us/rules/scr/scr-21a.htm
Selected response from:

Helena Chavarria
Spain
Local time: 05:14
Grading comment
Thank you. This is what I opted for in the end.
4 KudoZ points were awarded for this answer



Summary of answers provided
4to challenge
Victoria Grasso
3 +1to file a motion for recusal
Helena Chavarria
Summary of reference entries provided
Ref.
Taña Dalglish

Discussion entries: 4





  

Answers


37 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
to file a motion for recusal


Explanation:
Here's one solution.

The issue of recusal may come up in one of two ways. The first occurs when one of the parties to the case either makes a formal motion or suggests informally that the judge recuse herself. Often, the party will list the reasons he thinks the judge should not be involved in the case. The second way is for a judge to recuse herself sua sponte, or without a motion. These cases are most likely to happen when the reasons for a judge to recuse herself are very clear; however, even if a judge does not recuse herself sua sponte, a situation in which the reasons for recusal are clear almost always results in a motion or request for the judge to recuse herself.

http://www.rotlaw.com/legal-library/what-is-recusal-what-doe...

Motions to recuse or disqualify judges and other adjudicators have been made for all sorts of reasons. Most commonly such motions are predicated upon a claim that the judge is biased in favor of one party, or against another, or that a reasonable objective observer would think he might be. But such motions are also made on many other grounds, including the challenged judge’s:

http://www.judicialrecusal.com/grounds-for-recusal/

--------------------------------------------------
Note added at 41 mins (2018-07-26 22:54:39 GMT)
--------------------------------------------------

A motion for recusal shall: (1) be made in writing, (2) state clearly and concisely in separately numbered paragraphs each ground relied upon as a basis for recusal together with the facts alleged in support thereof and, if applicable, citations to any pertinent provision of Supreme Court Rule 38, The Code of Judicial Conduct, (3) contain a verification by affidavit of any facts upon which the motion is grounded, unless the facts are apparent from the record or from the papers on file in the case, or are agreed to and stated in a writing signed by the parties or their attorneys, (4) except for good cause shown, be filed with the court by the appealing party with the notice of appeal or by another party within twenty (20) days of the filing of the appeal, and (5) certify the date or dates when the movant first became aware of the facts set forth in the motion.

https://www.courts.state.nh.us/rules/scr/scr-21a.htm

Helena Chavarria
Spain
Local time: 05:14
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 341
Grading comment
Thank you. This is what I opted for in the end.

Peer comments on this answer (and responses from the answerer)
agree  JohnMcDove: Or directly "challenge"?
2 hrs
  -> I really don't know, but thank you, John :-)

neutral  AllegroTrans: Could be correct, but given the absence of the subject it could also mean "to recuse themselves"
1 day 12 hrs
  -> I agree with you, and I have a low confidence level, I'm only suggesting a 'verb to go before it'. Thanks for your opinion, AllegroTrans :-)
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3 days 23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
to challenge


Explanation:
This is another option.

If you wanted a broader term this could work, as it may refer either to the judge or to a juror, and it conveys the meaning of recusar. Here are some definitions to clarify my suggestion:

"In a legal sense, [to challenge is] an objection or exception calling into question the capability of a person for a particular function, the existence of a right, or the sufficiency or validity of an isntrument." (Gifis, 2010)

Recusar: Poner tachas al juez, al oficial, al perito o a los jurados para evitar su intervención en un determinado procedimiento judicial (Ossorio, 2010)




    Reference: http://saclaw.org/wp-content/uploads/sbs-peremptory-challeng...
    Reference: http://www.cps.gov.uk/legal-guidance/jury-vetting
Victoria Grasso
Argentina
Local time: 00:14
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: This is about representation in the context of a trust (private law), so I cannot see how the representative would be "challenging" judges or jurors; in any case "to challenge" is simply too vague.
1 day 15 hrs
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Reference comments


1 hr peer agreement (net): +2
Reference: Ref.

Reference information:
In a general search for "poder general para pleitos y cobranzas", I came across Article 2554 of the Federal Civil Code:

http://www.dof.gob.mx/nota_detalle.php?codigo=2064007&fecha=...
I. Poder general para pleitos y cobranzas, en los términos del primer párrafo del artículo 2554 del Código Civil Federal y sus correlativos los Estados de la República Mexicana, así como las facultades que requieren cláusula especial según lo dispone el artículo 2587 del Código Civil Federal y sus correlativos en los Estados de la República Mexicana, que se mencionan a continuación:

a) Para interponer y desistirse de toda clase de procedimientos, inclusive del juicio de amparo;
b) Para transigir;
c) Para comprometer en árbitros;
d) Para absolver y articular posiciones;
***e) Para recusar; ***
f) Para recibir pagos, y
g) Para presentar denuncias y querellas en materia penal y desistirse de ellas, constituirse en coadyuvante del Ministerio Público y otorgar en los casos que proceda el perdón.

II. Poder general para actos de administración en términos del segundo párrafo del artículo 2554 del Código Civil Federal y sus correlativos en los Estados de la República Mexicana.

Hope this helps.

Taña Dalglish
Jamaica
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 500

Peer comments on this reference comment (and responses from the reference poster)
agree  Sandro Tomasi: Great context; great find.
59 mins
  -> Thank you.
agree  AllegroTrans: Good find of course but I don't think it resolves things
2 days 17 hrs
  -> Thanks.
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