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English translation: deposition/examination before trial

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Swedish term or phrase:editionsförhör
English translation:deposition/examination before trial

23:22 Sep 6, 2007
Swedish to English translations [PRO]
Law/Patents - Law (general) / Procedure/Discovery
Swedish term or phrase: editionsförhör
Hello everyone,

I need a closer approximation of "editionsförhör" than the one I currently have.

I'm tempted to go with either "deposition" (US) or "examination for discovery" (Canada). But I'm afraid that the differences between the two (or three) legal systems are too great and may lead the reader to infer that "editionsförhör" has the same meaning and consequences as the Swedish term, if, for example, the case were to reach the trial stage.

Any suggestions?

Best,
Christian

www.tollund.com
Christian Schoenberg
United States
Local time: 07:01
(civil-only) discovery hearing (AE)/ stage (BE)
Explanation:
Your versions are better than Gullberg's dictionary to which the concept of discovery is alien.

The US web ref. suggests that depositions, as in the UK, would be only one thing produced in the discovery process - no sep. hearing in Eng. & Wales.

The Can. 'examination for discovery' seems to be a cross-examination of the other side to take a 'discovery deposition'. But unclear if this is for Can. consumption only.

NB the def. of editionsplikt in Juridikens termer, Almqvist & Wiksell: 'skyldighet att utge eller förete *skriftlig* handling t.ex. sadan som är av vikt som bevis i rättegang (processuell Ed.) eller .. ett kontrakt av betydelse för flera parter (materiell Ed.) This does not strike me as a duty to produce depositional evidence.

Coincidentally, Swiss-German uses the same word of Edition for exactly the same process.




Selected response from:

Adrian MM. (X)
Local time: 13:01
Grading comment
Thanks so much for your response and your thoughts on the matter. If I remember correctly my worry with the Canadian term was that the testimony generally was not directly admissable at a subsequent trial (I may be wrong there). There were also issues regarding the common law practice of placing witness under oath/affirmation in out-of-court proceedings compared to what discovery material would be admissable if 'only' a truth admonition was administered - which can only be administered in court by a judge - in the Scandinavian legal system. The sanctions would potentially be different. Maybe I am making a mountain out of the proverbial molehill here - but it strikes me that one should be able to distinguish between the terms also in translation. I'll go with "deposition" I think and then probably footnote it - which won't be pretty. But, again, thanks - and I'll give you the points for effort.

Best,
Christian

www.tollund.com

4 KudoZ points were awarded for this answer



Summary of answers provided
4(civil-only) discovery hearing (AE)/ stage (BE)
Adrian MM. (X)


  

Answers


21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(civil-only) discovery hearing (AE)/ stage (BE)


Explanation:
Your versions are better than Gullberg's dictionary to which the concept of discovery is alien.

The US web ref. suggests that depositions, as in the UK, would be only one thing produced in the discovery process - no sep. hearing in Eng. & Wales.

The Can. 'examination for discovery' seems to be a cross-examination of the other side to take a 'discovery deposition'. But unclear if this is for Can. consumption only.

NB the def. of editionsplikt in Juridikens termer, Almqvist & Wiksell: 'skyldighet att utge eller förete *skriftlig* handling t.ex. sadan som är av vikt som bevis i rättegang (processuell Ed.) eller .. ett kontrakt av betydelse för flera parter (materiell Ed.) This does not strike me as a duty to produce depositional evidence.

Coincidentally, Swiss-German uses the same word of Edition for exactly the same process.






Example sentence(s):
  • DEPOSITIONS TO BE MADE PUBLIC - DISCOVERY HEARING TODAY Posted 8 Jun 2000 00:00:00 UTC. A hearing was held on Tuesday before Judge Kaplan to determine the ...
  • förberedelsen i en rättegång ett sk editionsförhör (RB 38:4) anordnas. Detta. editionsförhör syftar till att såväl motpart som tredje man och andra vittnen ...

    Reference: http://www.2600.com/news/view/article/315
    Reference: http://www.jur.ku.dk/njm/36/36_13.pdf
Adrian MM. (X)
Local time: 13:01
Does not meet criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 266
Grading comment
Thanks so much for your response and your thoughts on the matter. If I remember correctly my worry with the Canadian term was that the testimony generally was not directly admissable at a subsequent trial (I may be wrong there). There were also issues regarding the common law practice of placing witness under oath/affirmation in out-of-court proceedings compared to what discovery material would be admissable if 'only' a truth admonition was administered - which can only be administered in court by a judge - in the Scandinavian legal system. The sanctions would potentially be different. Maybe I am making a mountain out of the proverbial molehill here - but it strikes me that one should be able to distinguish between the terms also in translation. I'll go with "deposition" I think and then probably footnote it - which won't be pretty. But, again, thanks - and I'll give you the points for effort.

Best,
Christian

www.tollund.com
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