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Oct 1, 2018 13:33
5 yrs ago
11 viewers *
Spanish term

queda el caso sin senalamiento hasta que una de las partes asi lo promueva

Spanish to English Law/Patents Law (general) court papers
queda el caso sin senalamiento hasta que una de las partes asi lo promueva
COURT PAPERS
Proposed translations (English)
4 the case is left unresolved until one of the parties so promotes it
3 +1 no hearing date shall be given until a motion requesting one is received from one of the parties
4 No hearing date and time will be allocated to this case until one of the parties files [see below]

Discussion

AllegroTrans Oct 1, 2018:
Stuart & Aida I think you are complicating things and that this is a transatlantic difference thing. US court procedure uses "motion" for all kinds of "approaches" to the court (and it's even used as a verb), whilst in GB we often speak of making an "application" or simply writing in to the court to ask for a hearing date.
Stuart and Aida Nelson Oct 1, 2018:
@ Robert Yes, in theory application and motion are the same but in our experience many times motion involves dispute. However, the procedure for a new hearing should not be as complicated as filing a motion. You can even have hearings over the phone. You can apply for a hearing just with a simple form through the Internet. Promover can also just mean 'apply'. Anyway, let the jury decide :) Cheers, Aida (so you don't have to write every time Stuart & Aida) :)
Robert Carter Oct 1, 2018:
Your first reference is about the difference between a motion and an order to show cause, not between a motion and an application. The second one is about an application. What is your point?

A motion is a written request to the court. When a party asks the court to take some kind of action in the course of litigation, other than resolving the entire case in a trial, the request is made in the form of a motion. Motions are often made before trials to resolve procedural and preliminary issues, and may be made after trials to enforce or modify judgments. Motions may also be made to resolve legal issues in the case if there is no disagreement about the facts.
https://www.lectlaw.com/def2/m047.htm

What is MOTION?
In practice. An occasional application to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the progress of a cause, or summarily and wholly unconnected with plenary proceedings.
https://thelawdictionary.org/motion/

I'll say no more about this, other than that the Spanish "promover", in the context of procedural law, means exactly that, to bring or file a motion, at least in my experience.
Stuart and Aida Nelson Oct 1, 2018:
Difference between motion and application A motion and an order to show cause are the same thing. These are both applications to a court for the court to decide something. Typically, an application seeks "relief" during the course of an ongoing case. Relief could be, for example, a forced sale of a home, a custodial flip or payment for a psychologist.

***The difference is that a motion is filed and served upon an adversary***. The adversary has an opportunity to respond to the motion by filing opposition papers and then appearing on a designated date to argue his cause before the judge. Typically, the judge has 60 days to enter a written order.

https://www.avvo.com/legal-answers/what-are-the-differences-...

You normally apply for a new hearing date

No fee is payable for an **application** by consent for an adjournment of a **hearing** if it is received by the court at least 14 days before the date of the hearing

https://assets.publishing.service.gov.uk/government/uploads/...
Robert Carter Oct 1, 2018:
@Stuart and Aida There is absolutely no problem with using "motion" here, in fact it's entirely in accordance with this directive from the court, i.e., that the parties "promuevan el señalamiento".

Here is a definition from Black's Law (8th Ed.):
motion. 1. A written or oral application requesting a court to make a specified ruling or order. [Cases: Federal Civil Procedure 921–928.]

It is my understanding that this is precisely what is being asked by the court, that one of the parties make an application requesting a specific order setting a date for the next, procedural step. And indeed, you have said as much in your own answer, only replacing "motion" with "request".

I don't know where you get the idea from that filing a motion means taking action or suing someone, but that's simply wrong.
Stuart and Aida Nelson Oct 1, 2018:
Filing a motion for a hearing date? How to File a Motion to Change a Court Date

If you want to change a court date such as the date of your trial, you must have the judge's permission. You ask a judge to do something by filing a motion – in this case, a motion to continue or motion for a continuance. If the judge grants your motion, your court date will be postponed to a later time.[1] Because courts generally prefer to resolve cases as quickly as possible, judges typically disfavor these motions unless you have a good reason

https://www.wikihow.com/File-a-Motion-to-Change-a-Court-Date

This is not the normal procedure. Normally, one party has to apply for a new hearing date and time. To my understanding the parties don't need to file a motion at all. This would be only in exceptional circumstances.
Stuart and Aida Nelson Oct 1, 2018:
What Is a Motion? When you become involved in a lawsuit, you may want the court to agree to something outside of the normal litigation process. For example, you or your opponent may want the court to drop the case (motion to dismiss) or to decide the winner without having to undergo a full trial (motion for summary judgment). To take advantage of these opportunities during the litigation process, you’ll have to file a motion with the court.

https://litigation.findlaw.com/going-to-court/what-is-a-moti...

Proposed translations

5 mins

the case is left unresolved until one of the parties so promotes it

In my opinion.
Peer comment(s):
neutral AllegroTrans : you don't 'promote' a case and this is simply about a hearing date; I suspect you have understood it but we wouldn't express it in this way in English, your translation is far too literal to sound natural
44 mins
I stand corrected, thanks
Something went wrong...
+1
21 mins

no hearing date shall be given until a motion requesting one is received from one of the parties

The way I understand it is that "señalamiento" means the date and time for a court hearing, and that the court can only designate a date for that hearing upon a motion from one of the parties.

For this sense of "señalamiento", see the previous question below
https://www.proz.com/kudoz/spanish-to-english/real-estate/65...

"Promover" means "to move" or "to submit/file a motion", not "promote".

I couldn't fit the whole sentence in the answer box, so here it is in full:

"no hearing date shall be given in this case until a motion requesting one is received from one of the parties"
Peer comment(s):
agree AllegroTrans : or "no hearing date will be given in this case until one of the parties so requests"
26 mins
Thanks, Chris, yes, that works too.
neutral Stuart and Aida Nelson : Sorry Robert, I don't think that normally the parties have to file a motion for a new hearing. Filing a motion would be along the lines of taking action, suing someone. See discussion
2 hrs
Thank you, S/A. I have to say I don't agree with that at all. A to file a motion is simply to make an application to the court, on any procedural question.
Something went wrong...
2 hrs

No hearing date and time will be allocated to this case until one of the parties files [see below]

No hearing date and time will be allocated to this case until one of the parties files an application requesting one

The court will allocate a hearing date and time for the application

https://assets.publishing.service.gov.uk/government/uploads/...

Señalamiento = date and time

Designación de día y hora para un juicio oral, vista de causa y audiencia en general.

http://www.enciclopedia-juridica.biz14.com/d/señalamiento/se...

Request a new hearing
You may only request a new hearing once for each summons that is in default, subject to Section 6-21(e) of Title 48 of the Rules of the City of New York. The request must be submitted using the OATH-issued request form.

https://www1.nyc.gov/site/oath/hearings/reopen-a-default-onl...


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Note added at 2 hrs (2018-10-01 16:32:39 GMT)
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You may request a hearing

https://litigation.findlaw.com/going-to-court/what-is-a-moti...

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Note added at 3 hrs (2018-10-01 16:41:38 GMT)
--------------------------------------------------

Telephone hearings in district registries and county courts

https://www.justice.gov.uk/newsite/courts/telephone-hearings
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