Glossary entry

Spanish term or phrase:

evacuó el trámite conferido

English translation:

completed the procedure notified

Added to glossary by Cathal Monaghan
Jul 18, 2020 11:27
3 yrs ago
47 viewers *
Spanish term

evacuó el trámite conferido

Spanish to English Law/Patents Law (general) Insolvency Proceedings
Y la Procuradora XXXX, en nombre y representación de XXXX, evacuó el trámite conferido mediante escrito de fecha 2 de julio de 2020.

Spanish (Spain) to Eng (UK)

I know evacuar means: complete, carry out, fulfil, perform, conduct, comply with etc. but I'm struggling to find a coherent way to phrase the sentence.

My attempt, that I'm unhappy with:
And the Court Representative XXXX, on behalf of XXXX, completed/complied with the procedure conferred by means of a brief dated 2 July 2020.

I know there are a few entries for Evacuar here, but I'd really appreciate some opinions on the best way to phrase this.

Many thanks!

Discussion

Cathal Monaghan (asker) Jul 20, 2020:
many thanks! Thank you all for your input here! The mini discussion on the use of Procurador was quite the tangent. Thank you :)
AllegroTrans Jul 20, 2020:
yes 'Counsel' would work well but I would put it in brackets after the Spanish word
Adrian MM. Jul 20, 2020:
Obiter : Procurador de los tribunales As one who 'misdescribes' himself as a Procurador de los tribunales ingleses y galeses, rather than irlandeses, and has never been asked by Hispanic acquaintances to elaborate further, I would add that Counsel for Procuradora is a rough-and-ready title if short for the full title 1. such 'proctors' are a referral profession like the Bar of England & Wales 2. they do need a licencia to practise (Bosch, Dicc. de der. esp.) though 3. they are described as 'Court Agents' on another UK translators' list whose Mexican and Spanish members tell me I am 'doing myself an injustice' by relegating myself to what boils down to an 'Outdoor Court Clerk' in *criminal* cases. However, judging by the impressed reaction I receive, I cannot say that it is one normally associated with a 'glorified postal messenger' or Barrister's Chambers Clerk https://es.wikipedia.org/wiki/Procurador_de_los_tribunales
Toni Castano Jul 20, 2020:
@Cahalsi Yes, I agree. It is always worth reading all articles written by Rebecca, a master in legal translation EN-SP. Thank you for the link.
Cathal Monaghan (asker) Jul 20, 2020:
A comment on translating "Procurador" A comment on translating "Procurador" as both AllegroTrans and Toni mentioned it, this is an interesting article: https://rebeccajowers.com/2017/01/18/what-is-a-procurador/
Cathal Monaghan (asker) Jul 20, 2020:
Further context The Court is JDO.1A.INST.E INSTRUCCION N.2 DE SORIA, it is a CONCURSO ORDINARIO, the demandante is a company and the document is about several companies making bids to purchase the company in question and the procedure involved in the sale process of the productive unit, assumption by [the successful bidder] of the labour responsibilities and of debts to the General Social Security Treasury etc.
AllegroTrans Jul 19, 2020:
Still not enough context... We really need more of the "story". Is this a bankrupcy (i.e. of an individual)? Compulsory liquidation of a company? Is this the hearing for the adjudication/making of an order? Some other stage? Who are the parties? What court is this taking place in?
Toni Castano Jul 18, 2020:
Thank you for the additional context … which clears out my doubts, at least regarding the troublemaker here, the term "conferido".
Cathal Monaghan (asker) Jul 18, 2020:
Additional context herein It is taken from the first page of an 11 page "DECLARACION CONCURSO" issued by "JDO.1A.INST.E INSTRUCCION N.2 DE SORIA". It is in the first "Hechos" section:

“Conferido el oportuno traslado a todas las partes personadas, la Procuradora XXX, actuando en nombre y representación de XXX, evacuó el trámite conferido mediante escrito presentado en este Juzgado el día 2 de julio de 2020. Igualmente, la Procuradora XXX, en nombre y representación de XXX, presentó escrito de fecha 2 de julio de 2020, formulando alegaciones. Y la Procuradora XXX, en nombre y representación de XXX evacuó el trámite conferido mediante escrito de fecha 2 de julio de 2020.”
AllegroTrans Jul 18, 2020:
Not enough context This seems to be a concluding statement of some kind as it starts with 'and'. We really need to see the preceding text. Also you need to look at 'Procuradora' - this person is more than a mere court representative. 'Brief' in GB connotes instructions to Counsel and appears not to be correct here

Proposed translations

3 hrs
Selected

completed the procedure notified

Source text:
Y la Procuradora XXXX, en nombre y representación de XXXX, evacuó el trámite conferido mediante escrito de fecha 2 de julio de 2020.

Suggested translation:
And the party´s representative/agent XXXXX, on behalf of and representing XXXXX, finished/completed the procedure/procedural step notified (to her as the party´s agent) by means of a written statement dated July 2 2020.

Points at stake here:
1) Procurador/-a can certainly be translated as Court representative, but party´s representative or agent is my usual choice. The full expression in Spanish is “procurador de los tribunales”.
2) First big problem. “Escrito” can have many different meanings depending on the type of proceedings and the procedural stage. In this case, I have intentionally chosen a “neutral” translation (written statement) because I am not fully sure of the proceedings stage this is about. So I believe “written statement” might do, at least as a compromise solution.
3) And then we have here what seemed to me the big troublemaker in the entire phrase, the interpretation of the past participle “conferido” (from the infinitive “conferir”). I understand “conferir/conferido” as a synonym for “notified”, “communicated”, and referred to the “procedural step” ("trámite") that was communicated to the party´s agent. The problem is what comes next, because the reader does not know if the date mentioned (July 2 2020) corresponds to the day when the notification from the Court took place or when the agent herself finished the procedural step by submitting the statement. This latter situation is what I believe is applicable here, which means that the party´s representative completed the procedure on July 2 2020 by submitting a written statement to the Court.

All in all a difficult context to deal with.
Note from asker:
Thank you for your input here Toni! Much appreciated!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you all for your input on this! Very helpful :)"
12 hrs
Spanish term (edited): evacuar el trámite (de traslado) conferido

comply - by means of submission filed - with the timit limit granted

....to make out a case / for disclosure (of both civil & criminal evidence > prev. in E&W civil cases: discovery of docs).

This trámite could well be a time limit, rather than a routine procedural step or step taken in the proceedings;

Trámite de audiencia> comment period; period for comments (West)

Traslado (2) copy (4) delivery of the file: making the record available to the parties' - so they can prepare their closing birefs called 'alegatos' > West
cf. '-----formulando alegaciones...'

' ...'Conferido el oportuno traslado a todas las partes personadas...' - Having granted the appropriate disclosure of the file to all such parties as have entered an appearance

Procuradora - Counsel; Barrister-at-Law

I think it ought to parse: evacuar mediante escrito: submission (of a proof of debt or creditors' petition) pleading; (E&W) statement of case or (US Am.) brief, rather than conferido mediante escrito.

- and trámite conferido being short for trámite de traslado conferido

Query: if XXX, YYY & ZZZ ? - rather than all being XXX - are separate creditors, are trying to turn a debtor's Vol. Dec. of Bankruptcy or Receivership into a Creditors' Adjudication of Insolvency or Compulsory Winding-Up Order of a company.
Example sentence:

el concurso de acreedores tendrá la consideración de voluntario cuando la primera petición de concurso haya sido presentada por el *propio deudor*, con la excepción de que .... se hubiera presentado y admitido a trámite otra por un acreedor...

En los demás casos, es decir, cuando la declaración del concurso la solicita cualquiera de los acreedores, el concurso se denomina *necesario*.

Peer comment(s):

neutral AllegroTrans : I am struggling to see a time limit here
1 day 12 hrs
The extra context supplied by the asker of offers to buy out an ailing company suggests compliance with a court *direction granting leave* to bid within a certain timetable and notice procedure,
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+1
1 day 9 hrs

fulfilled the court's request / complied with the court order

I think perhaps the most unintuitive word in this question is "conferido," which Toni has rightly identified as "notified" in his answer above, rather than its English cognate "conferred" (or its usual approximation, "granted").

I understand the phrase in question to mean that the party representative (procurador) complied with (evacuó) a prior request/order (trámite conferido) from the court by delivering the "escrito" (motion? submission?) dated 2 July.
Peer comment(s):

agree AllegroTrans : This seems to be the most likely scenario
15 hrs
Thanks, Chris.
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1 day 10 hrs

carried out the procedure required

"conferir" in these contexts means "order" "instruct" "require (of)".
"Conferido el oportuno traslado a todas las partes personadas..." is
'Due notification to all the implicated parties having been ordered"

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Note added at 1 day 10 hrs (2020-07-19 21:56:34 GMT)
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//Sorry, Robert, we must have more or less posted our answers at the same time, and they're very similar.
However, I don't agree that "conferir" means anything like 'notify' at all. The notify bit is indicated by "traslado". So "Conferido el traslado' is "Notification (having been) ordered"
Peer comment(s):

neutral Toni Castano : https://dle.rae.es/conferir 5. tr. p. us. Comunicar órdenes, instrucciones, etc., para su cumplimiento.
3 hrs
Ahah, exactly. So, effectively, ordenar, mandar = order, instruct, require (Require: 3. to make formal request (for); insist upon or demand, esp as an obligation. (Free Dictionary)
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