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desahogo de pruebas

English translation: introduction or presentation of evidence in open court, filing of documentary evidence

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11:13 Nov 10, 2007
Spanish to English translations [PRO]
Law/Patents - Law (general) / Criminal law
Spanish term or phrase: desahogo de pruebas
Part of a treaty of cooperation between two countries. It refers to witnesses or defendants being summoned to appear before a court in the jurisdiction of the other country. The text is in Latin American Spanish. The following is a sentence in which it appears: "La Parte Requirente podra solicitar el desahogo o practica de las pruebas necesarias de conformidad con los procedimientos especificados..."
I'd be grateful, as ever, for any suggestions.
Matthew Kinch
Local time: 01:40
English translation:introduction or presentation of evidence in open court, filing of documentary evidence
Explanation:
Here are a few options. Because LAtin American legal systems are not part of the oral trial traditions, you have to weigh in which one you would lik eto use. In Common Law systems the presentation, admission and weighing of evidence is done in open court through a hearing. In Latin American courts all those steps are done seaparately in differenct stages of the proceeding. For example: In Mexican rules of procedure there are 4 clear stages in a trial and they can be distinguished by the presentation of evidence. There are a number of variations: ofreciemiento de pruebas (offering of evidence), admision de pruebas(admision of evidence), desahogo o recepcion de pruebas( formal admission of evidence) and valoracion de pruebas( weighing of evidence)
Selected response from:

Cynthia Herber, LL.M.
United States
Local time: 19:40
Grading comment
Many thanks for the suggestions and the added background to LatAm legal systems.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1introduction or presentation of evidence in open court, filing of documentary evidence
Cynthia Herber, LL.M.
5examination of evidenceRebecca Jowers
4 +1presentation of evidence
Robert Copeland
3 +1disclosure of evidence
Edward Tully


  

Answers


10 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
disclosure of evidence


Explanation:
this may be it...
http://forum.wordreference.com/showthread.php?t=339934

Edward Tully
Local time: 02:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1638

Peer comments on this answer (and responses from the answerer)
agree  Maria523
9 hrs
  -> thanks Maria!
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20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
presentation of evidence


Explanation:
The other two choices are fine as well!!

Robert Copeland
United States
Local time: 20:40
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 422

Peer comments on this answer (and responses from the answerer)
agree  Mónica Algazi
41 mins
  -> Mil gracias Monica!!!
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8 mins   confidence: Answerer confidence 5/5
examination of evidence


Explanation:
"desahogo o práctica de pruebas" = examination of evidence

(standard rendering)

--------------------------------------------------
Note added at 38 mins (2007-11-10 11:51:26 GMT)
--------------------------------------------------

There is a difference between "disclosure" of evidence" and "examination of evidence". "Since the Civil Procedure reform in England in 1999, "disclosure" is now the English law term for what in the US is still called "discovery," i.e., the pretrial exchange of evidence (documents, interrogatories, etc.) between parties in civil proceedings. "Examination of evidence," in contrast, is generally used to denote the presentation of evidence in court or before a board or tribunal (i.e., during trial). "Presentation of evidence" might also be used, but it is a less technical expression than "examination of evidence"


The United Kingdom and United States share a common law tradition of private civil litigation in which the parties themselves investigate, develop, and present the facts necessary to resolve their dispute, under rules promulgated and enforced by the court. This stands in contrast to civil law jurisdictions, such as France and Germany, in which the judge plays the role of investigator. Central to the common law method of dispute resolution is the process of collecting information that may be presented as evidence in settlement negotiations or at trial. The term "discovery" is used in both the United Kingdom and the United States by practitioners to refer to this process, although the recently promulgated Civil Procedure Rules in the United Kingdom now call this process "disclosure."
http://www.kenwithers.com/articles/bileta/bileta02.htm





Rebecca Jowers
Spain
Local time: 02:40
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2054
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
introduction or presentation of evidence in open court, filing of documentary evidence


Explanation:
Here are a few options. Because LAtin American legal systems are not part of the oral trial traditions, you have to weigh in which one you would lik eto use. In Common Law systems the presentation, admission and weighing of evidence is done in open court through a hearing. In Latin American courts all those steps are done seaparately in differenct stages of the proceeding. For example: In Mexican rules of procedure there are 4 clear stages in a trial and they can be distinguished by the presentation of evidence. There are a number of variations: ofreciemiento de pruebas (offering of evidence), admision de pruebas(admision of evidence), desahogo o recepcion de pruebas( formal admission of evidence) and valoracion de pruebas( weighing of evidence)

Cynthia Herber, LL.M.
United States
Local time: 19:40
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 68
Grading comment
Many thanks for the suggestions and the added background to LatAm legal systems.

Peer comments on this answer (and responses from the answerer)
agree  nigthgirl
6 hrs
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