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con el que téngase a la ocursante

English translation: according to which the petitioner is considered to have...

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:con el que téngase a la ocursante
English translation:according to which the petitioner is considered to have...
Entered by: Ruth Ramsey
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10:38 Feb 17, 2012
Spanish to English translations [PRO]
Law/Patents - Law (general) / Legal Cases (Mexico)
Spanish term or phrase: con el que téngase a la ocursante
I understand that "ocursante" means "petitioner" and I believe that "téngase" means "let" or "it is held that", but with it being quite a long sentence, I'm a bit unsure how to tie it in with the rest of the sentence.

Is it basically saying that by this decision it is held that the petitioner should present herself at the court on time and in due legal form, showing these various documents etc and that notice should be given to the counterparty to reply to the "Liquidación de Sentencia" within 3 days?

Thanks in advance for your assistance on this.

"(Fecha), me notifican acuerdo dictado el (fecha), con el que **téngase a la ocursante** (nombre), por presentada en tiempo y formal legal, exhibiendo a Juicio su Liquidación de Sentencia por la cantidad de XXX y su Planilla de Regulación de Gastos y Costas Judiciales, por la cantidad de XXX, las que se admiten a trámite y con el contenido de los escritos de cuenta, dese Vista a su contraparte, para que dentro del término de 3 días contesten la Liquidación de Sentencia y la Planilla de Regulación de Gastos y Costas."
Ruth Ramsey
United Kingdom
Local time: 04:00
according to which the petitioner is to be considered to have...
Explanation:
"Téngase por presentada" means literally "let her be considered to have presented herself/appeared"; in other words it refers to what has already happened, not what is to happen in the future. It is recognising that she duly appeared. "Téngase por" is a common wording, referring to official acknowledgement of steps taken. For example:

"Téngase por recibido en este Tribunal, a las quince horas del veintisiete de julio del año en curso, escrito signado por el licenciado. Jaime García Chávez [...] mediante el
cual da contestación al Incidente de Tachas promovido por el
licenciado Jorge Neaves Chacón [...]"
http://www.techihuahua.org.mx/attachments/144_16_Objecion_Pr...

"Ocursante" is "petitioner", as you say; here, for example, is an earlier question:
http://www.proz.com/kudoz/spanish_to_english/law_patents/150...



--------------------------------------------------
Note added at 1 hr (2012-02-17 11:41:56 GMT)
--------------------------------------------------

In practice, it means something like "to the effect that the petitioner duly appeared".

--------------------------------------------------
Note added at 1 hr (2012-02-17 12:05:21 GMT)
--------------------------------------------------

Or perhaps "officially certifying that the petitioner duly appeared".

"Dese vista" means that the counterparty is to be given sight of the documentation presented by the petitioner. It still refers to the "acuerdo" mentioned at the beginning; this "acuerdo" says (1) that the petitioner duly appeared and presented certain documents and (2) that these documents are to be made available to the counterparty. I gather "dar vista" is not technically the same as sending him/her a copy of the documents; it means that he/she is sent notice of them and can consult them at the court.

--------------------------------------------------
Note added at 1 hr (2012-02-17 12:27:01 GMT)
--------------------------------------------------

Well, notice is served, in that the counterparty is officially notified of the documents and required to respond to them. The "dese vista" bit is ordering that the counterparty be given notice of the documents; having received notice, they are required to respond (contesten) within three days.

"¿Que quiere decir que ordenan DAR VISTA?
QUIERE DECIR QUE SE LE PONGA DEL CONOCIMIENTO A LA CONTRAPARTE DE LAS MANIFESTACIONES QUE USTEDES PONEN ESTO CON LA FINALIDAD QUE ELLOS TAMBIEN ARGUMENTEN ENCONTRA DE ESOS HECHOS."
http://www.mexicolegal.com.mx/foro-verconsulta.php?id=14815

Sorry about the block caps!

Selected response from:

Charles Davis
Spain
Local time: 05:00
Grading comment
I went with something along the lines of "according to which the petitioner is considered to have..." in the end, although "whereby" would probably work too. Thanks a lot to both answerers.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4whereby […] of the petitioner is entered/(formally) placed on record
Richard Hill
4according to which the petitioner is to be considered to have...
Charles Davis


  

Answers


58 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
according to which the petitioner is to be considered to have...


Explanation:
"Téngase por presentada" means literally "let her be considered to have presented herself/appeared"; in other words it refers to what has already happened, not what is to happen in the future. It is recognising that she duly appeared. "Téngase por" is a common wording, referring to official acknowledgement of steps taken. For example:

"Téngase por recibido en este Tribunal, a las quince horas del veintisiete de julio del año en curso, escrito signado por el licenciado. Jaime García Chávez [...] mediante el
cual da contestación al Incidente de Tachas promovido por el
licenciado Jorge Neaves Chacón [...]"
http://www.techihuahua.org.mx/attachments/144_16_Objecion_Pr...

"Ocursante" is "petitioner", as you say; here, for example, is an earlier question:
http://www.proz.com/kudoz/spanish_to_english/law_patents/150...



--------------------------------------------------
Note added at 1 hr (2012-02-17 11:41:56 GMT)
--------------------------------------------------

In practice, it means something like "to the effect that the petitioner duly appeared".

--------------------------------------------------
Note added at 1 hr (2012-02-17 12:05:21 GMT)
--------------------------------------------------

Or perhaps "officially certifying that the petitioner duly appeared".

"Dese vista" means that the counterparty is to be given sight of the documentation presented by the petitioner. It still refers to the "acuerdo" mentioned at the beginning; this "acuerdo" says (1) that the petitioner duly appeared and presented certain documents and (2) that these documents are to be made available to the counterparty. I gather "dar vista" is not technically the same as sending him/her a copy of the documents; it means that he/she is sent notice of them and can consult them at the court.

--------------------------------------------------
Note added at 1 hr (2012-02-17 12:27:01 GMT)
--------------------------------------------------

Well, notice is served, in that the counterparty is officially notified of the documents and required to respond to them. The "dese vista" bit is ordering that the counterparty be given notice of the documents; having received notice, they are required to respond (contesten) within three days.

"¿Que quiere decir que ordenan DAR VISTA?
QUIERE DECIR QUE SE LE PONGA DEL CONOCIMIENTO A LA CONTRAPARTE DE LAS MANIFESTACIONES QUE USTEDES PONEN ESTO CON LA FINALIDAD QUE ELLOS TAMBIEN ARGUMENTEN ENCONTRA DE ESOS HECHOS."
http://www.mexicolegal.com.mx/foro-verconsulta.php?id=14815

Sorry about the block caps!



Charles Davis
Spain
Local time: 05:00
Does not meet criteria
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1212
Grading comment
I went with something along the lines of "according to which the petitioner is considered to have..." in the end, although "whereby" would probably work too. Thanks a lot to both answerers.
Notes to answerer
Asker: Thanks very much, Charles. Does the "dese vista" refer to something that the counterparty should still do or has that also happened already?

Asker: Oh, so it's not that notice should be served on the counterparty so that he/she has to reply to the Liquidación de Sentencia within 3 days? That's how I had interpreted it. Another entry in the glossary indicated that "dese vista" meant "notice shall be served".

Asker: I see. It's along the lines of notify or inform. Many thanks.

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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
whereby […] of the petitioner is entered/(formally) placed on record


Explanation:
“whereby the appearance (in due time and manner) of the petitioner is entered/(formally) placed on record”


I have always used this formula according to my old faithful, “Dictionary of Mexican Legal Terminology” – Javier F. Becerra
Tener por presentado – to enter, to enter an appearance, to place on record, to set formally in writing; to place before the court or the government agency with which a petition has been filed.

When the case is called for trial, entries of appearance must again be made by the attorneys for the respective parties, even though they appeared at the calendar call. An appearance on behalf of the petitioner is usually entered first, followed by the entry of appearance by the Field attorney. Unlike petitioner’s representatives, respondent’s attorneys do not file written Entry of Appearance forms (T.C, Form 3; T.C. Rule 24) since by statute, the Chief Counsel is counsel of record on behalf of the Commissioner. See section 7453.
http://www.irs.gov/irm/part35/irm_35-006-002.html


Richard Hill
Mexico
Local time: 22:00
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 473
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