Feb 13 09:33
3 mos ago
24 viewers *
French term
partie requise
French to English
Law/Patents
Law (general)
Writ of summons in dispute with an airline over refund of booked flights.
There's some boilerplate at the start of this which, worded slightly differently, I've come across many times:
"Etant précisé que faute pour la partie requise de comparaître en personne ou par mandataire autorisé, à cette audience ou à toutes celles auxquelles l’examen de l’affaire pourrait être reporté, elle s’expose à ce qu’un Jugement soit prononcé contre elle, contradictoirement, sur les seuls éléments fournis par le demandeur."
Again to my surprise, "partie requise" isn't in the archives here. Most other sources suggest "requested party". But this seems dubious.
For "partie requérante", Bridge has "plaintiff; applicant". So I think "partie requise" could possibly be "defendant". This seems kind of serviceable for this context. But does issuing a writ of summons to some party actually make them a "defendant" as such? I just wonder whether one civil party has the power to confer that status on another simply by serving a writ on them.
If "defendant" is the natural counterpart to "plaintiff", it occurs to me to wonder whether there is a counterpart term to "applicant"? "Respondent" immediately comes to mind, but from my experience this seems usually to be used in appeal cases.
Anyone with legal knowledge and an opinion on this?
There's some boilerplate at the start of this which, worded slightly differently, I've come across many times:
"Etant précisé que faute pour la partie requise de comparaître en personne ou par mandataire autorisé, à cette audience ou à toutes celles auxquelles l’examen de l’affaire pourrait être reporté, elle s’expose à ce qu’un Jugement soit prononcé contre elle, contradictoirement, sur les seuls éléments fournis par le demandeur."
Again to my surprise, "partie requise" isn't in the archives here. Most other sources suggest "requested party". But this seems dubious.
For "partie requérante", Bridge has "plaintiff; applicant". So I think "partie requise" could possibly be "defendant". This seems kind of serviceable for this context. But does issuing a writ of summons to some party actually make them a "defendant" as such? I just wonder whether one civil party has the power to confer that status on another simply by serving a writ on them.
If "defendant" is the natural counterpart to "plaintiff", it occurs to me to wonder whether there is a counterpart term to "applicant"? "Respondent" immediately comes to mind, but from my experience this seems usually to be used in appeal cases.
Anyone with legal knowledge and an opinion on this?
Proposed translations
(English)
| 4 +3 | party summoned |
AllegroTrans
|
| 4 | (corp. / civ) Respondent/s |
Adrian MM.
|
References
| respondent |
philgoddard
|
Proposed translations
+3
4 hrs
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
Related KudoZ points
:
1355
Selected
party summoned
I am taking the unusual step of submitting a second suggestion.
It has just dawned on me that "requise" goes with "requête" meaning application or demand, and by extrapolation, summons.
Your text clearly shows that this is a summons.
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Note added at 7 hrs (2024-02-13 16:37:51 GMT)
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Personally, I would not use "respondent" in this context. As you yourself say, it is the term for the opposite party to the appellant in an appeal, so this would immediately be confusing.
There may be jurisdictions in which it is an acceptable alternative for "defendant" but speaking for England and Wales it isn't. Best to avoid the risk of confusion.
If I sue Ryanair for a cancelled flight in an English court, I am the claimant and Ryanair is the defendant (in the singular).
If I win my case and Ryanair appeal, they are the appellant (in the singular) and I am the respondent.
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Note added at 1 day 8 hrs (2024-02-14 17:58:51 GMT)
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If I am supremely fortunate enough to be able to apply for an injunction against Ryanair, in that part of the proceedings I am the applicant and Ryanair is the respondent
It has just dawned on me that "requise" goes with "requête" meaning application or demand, and by extrapolation, summons.
Your text clearly shows that this is a summons.
--------------------------------------------------
Note added at 7 hrs (2024-02-13 16:37:51 GMT)
--------------------------------------------------
Personally, I would not use "respondent" in this context. As you yourself say, it is the term for the opposite party to the appellant in an appeal, so this would immediately be confusing.
There may be jurisdictions in which it is an acceptable alternative for "defendant" but speaking for England and Wales it isn't. Best to avoid the risk of confusion.
If I sue Ryanair for a cancelled flight in an English court, I am the claimant and Ryanair is the defendant (in the singular).
If I win my case and Ryanair appeal, they are the appellant (in the singular) and I am the respondent.
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Note added at 1 day 8 hrs (2024-02-14 17:58:51 GMT)
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If I am supremely fortunate enough to be able to apply for an injunction against Ryanair, in that part of the proceedings I am the applicant and Ryanair is the respondent
4 KudoZ points awarded for this answer.
Comment: "Thanks. Yes, I agree. It's an awkward phrase in English, but probably not much more so than the French phrase. There is in fact a term "summonee" in English, but googling suggests no/hardly any legal usage (seems to be used in computer games summoning up demons)"
3 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
359
(corp. / civ) Respondent/s
Airline connotes a corporate party, hence - de novo - routinely pluralis/zed in many UK courts.
1. requested party is used in Letters Rogatory initiated by a a requesting party
2. Respondent, if vs. an applicant for an injunction (turning into Claimant vs. Defendant on issue of proceedings), to a divorce or bankruptcy petitioner, in*arbitration* to an Applicant or Claimant or, confusing if a divorce, on appeal
3. Defendant served with the summons to appear or to a *private* prosecution, alternatively the Accused to a public prosecution, though Eng. Law of Evidence textbooks (IMO misguidedly) use the terms interchangeably.
4. party impeached : AFAIK political in both the UK and the USA
vs. 5. Scots law> Party Minuter Procedure (to enter process as a 'Defender' vs. 'Pursuer' - howls of protest from the usual ProZ quarters)
1. requested party is used in Letters Rogatory initiated by a a requesting party
2. Respondent, if vs. an applicant for an injunction (turning into Claimant vs. Defendant on issue of proceedings), to a divorce or bankruptcy petitioner, in*arbitration* to an Applicant or Claimant or, confusing if a divorce, on appeal
3. Defendant served with the summons to appear or to a *private* prosecution, alternatively the Accused to a public prosecution, though Eng. Law of Evidence textbooks (IMO misguidedly) use the terms interchangeably.
4. party impeached : AFAIK political in both the UK and the USA
vs. 5. Scots law> Party Minuter Procedure (to enter process as a 'Defender' vs. 'Pursuer' - howls of protest from the usual ProZ quarters)
Example sentence:
IATE: fr partie requise COM en requested party
Peer comment(s):
| neutral |
AllegroTrans
: Personally over 30 years of County Court work I have never seen respondent (or defendant) pluralised unless referring to two or more parties.
4 hrs
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Reference comments
4 hrs
philgoddard
United States
United States
Native in English
Specializes in field
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
Related KudoZ points
:
286
Reference:
respondent
http://www.proz.com/kudoz/french-to-english/law-general/2306...
Defendant is fine too.
Defendant is fine too.
Peer comments on this reference comment:
| neutral |
AllegroTrans
: In E&W court terminology respondent and defendant are not interchangeable//indeed it's not about England & Wales, but please see my response to the answer in the previous question. Not a matter of becoming like AMM or anybody else, just correct usage
6 mins
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Please don't become another Adrian! This is not about England and Wales, and I'm just pointing out that we've had this term, and what I believe to be an acceptable answer, before.
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