Nov 4, 2018 10:33
5 yrs ago
8 viewers *
English term
deposed
English to French
Law/Patents
Law (general)
Legal expertise
All experts may be deposed but such depositions must occur within the time limit for all depositions set forth below.
I first understood "deposed" as "révoqué", but it is actually the following meaning in this sentence:
testify to or give (evidence) on oath, typically in a written statement.
"every affidavit shall state which of the facts deposed to are within the deponent's knowledge"
synonyms: swear, testify, attest, assert, declare, claim
"a witness deposed that he had seen me"
What is throwing me off is the passive voice. I understand "déposer", but not relating to an expert (an expertise, yes!)
Can anyone help me?
Kind regards,
Cécile
I first understood "deposed" as "révoqué", but it is actually the following meaning in this sentence:
testify to or give (evidence) on oath, typically in a written statement.
"every affidavit shall state which of the facts deposed to are within the deponent's knowledge"
synonyms: swear, testify, attest, assert, declare, claim
"a witness deposed that he had seen me"
What is throwing me off is the passive voice. I understand "déposer", but not relating to an expert (an expertise, yes!)
Can anyone help me?
Kind regards,
Cécile
Proposed translations
(French)
Proposed translations
+2
8 hrs
English term (edited):
the facts deposed to
Selected
les faits exposés
From the text given. we don't know whether the affidavit is for use in contested proceedings. Affidavits can also be used to submit evidence which is agrred. I therefore think my "neutral" suggestion is best here.
[...] périodes que celle de décembre 1997 à mars 2001, pour laquelle Comap
ne conteste pas les faits exposés par la Commission.
eur-lex.europa.eu
[...] between December 1997 and March 2001, in relation to which Comap does
not challenge the facts set out by the Commission.
eur-lex.europa.eu
Les faits exposés au cours de l'audience sont relativement simples et n'ont essentiellement pas été contestés.
fstontario.ca
The facts in this hearing were relatively straightforward and were largely not contested.
fstontario.ca
[...] périodes que celle de décembre 1997 à mars 2001, pour laquelle Comap
ne conteste pas les faits exposés par la Commission.
eur-lex.europa.eu
[...] between December 1997 and March 2001, in relation to which Comap does
not challenge the facts set out by the Commission.
eur-lex.europa.eu
Les faits exposés au cours de l'audience sont relativement simples et n'ont essentiellement pas été contestés.
fstontario.ca
The facts in this hearing were relatively straightforward and were largely not contested.
fstontario.ca
Peer comment(s):
agree |
Eliza Hall
: This is correct for the "facts deposed" in the affidavit, but NOT for the "experts may be deposed" part of Cécile's question. Same English word, two different French translations.
2 hrs
|
Thank you, and yes that's the part that I am helping with
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agree |
B D Finch
20 hrs
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Thank you
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4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
48 mins
tous les experts peuvent être entendus
"Contentieux européen (2 volumes) - Page 86 - Google Books Result
https://books.google.be/books?isbn=2804467848
Melchior Wathelet - 2014 - Law
Article 24 La Cour de justice peut demander aux parties de produire tous documents et ... Article 28 Les témoins et experts peuvent être entendus sous la foi du ..."
https://books.google.be/books?isbn=2804467848
Melchior Wathelet - 2014 - Law
Article 24 La Cour de justice peut demander aux parties de produire tous documents et ... Article 28 Les témoins et experts peuvent être entendus sous la foi du ..."
Peer comment(s):
agree |
Daryo
38 mins
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agree |
ph-b (X)
: C'est le sens de la question posée : deposed = « entendus » pour tenir compte de la syntaxe source, mais sans préciser par qui ni où.
3 hrs
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disagree |
Eliza Hall
: "Entendu" here seems to mean entendu par le Tribunal. That's not what deposed means. See discussion (but if I'm reading "entendu" too narrowly, pls let me know).
4 hrs
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disagree |
AllegroTrans
: Agree with Eliza
11 hrs
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+1
6 hrs
l'interrogatoire formel des témoins-experts de la partie opposée
Two options:
Les avocats de chaque partie en litige peuvent procéder à l'interrogatoire formel des témoins-experts de la partie opposée, sans exception aucune, mais ces dépositions des témoins-experts doivent obligatoirement conclure au plus tard... (bla bla bla)
Les avocats de chaque partie en litige peuvent effectuer les interrogatoires formels des témoins-experts de la partie opposée, sans exception aucune, mais... (bla bla bla).
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Note added at 6 hrs (2018-11-04 17:08:50 GMT)
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PS: I used the term "ces dépositions" after the initial explanatory translation for two reasons: (1) brevity and (2) to make it 100% clear that what we're talking about in this sentence is what's referred to as "depositions" in the original text. You could also say "ces interrogatoires" or something like that.
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Note added at 7 hrs (2018-11-04 18:24:40 GMT)
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PPS: to expand on what I said to Ph-b below (since the space below is too short for a good explanation), depositions are absolutely an investigative process -- and a very hostile process -- for which the word "interrogatoire" is justified.
Judges/magistrates in the US do not have any investigative role. They don't do enquêtes; that is the job of the lawyers. A deposition is an investigative tool used to uncover evidence to be used against your opponent at trial, and to understand what evidence they have on their side, so that you can strategize how to respond to their evidence. You might do ten depositions and then, depending on what you discover in the depositions, only call three of those witnesses at trial.
It is a purposely difficult and hostile process, designed to be very challenging for the witness: to destabilize her, to discredit her, to ferret out every secret she is trying to keep, and to discover all the inconsistencies and veiled truths that you (the attorney taking the deposition) can possibly discover. With experts, you're also trying to find every possible way to make them look stupid, arrogant, unqualified or just wrong.
That's why I used the word "interrogatoire."
Les avocats de chaque partie en litige peuvent procéder à l'interrogatoire formel des témoins-experts de la partie opposée, sans exception aucune, mais ces dépositions des témoins-experts doivent obligatoirement conclure au plus tard... (bla bla bla)
Les avocats de chaque partie en litige peuvent effectuer les interrogatoires formels des témoins-experts de la partie opposée, sans exception aucune, mais... (bla bla bla).
--------------------------------------------------
Note added at 6 hrs (2018-11-04 17:08:50 GMT)
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PS: I used the term "ces dépositions" after the initial explanatory translation for two reasons: (1) brevity and (2) to make it 100% clear that what we're talking about in this sentence is what's referred to as "depositions" in the original text. You could also say "ces interrogatoires" or something like that.
--------------------------------------------------
Note added at 7 hrs (2018-11-04 18:24:40 GMT)
--------------------------------------------------
PPS: to expand on what I said to Ph-b below (since the space below is too short for a good explanation), depositions are absolutely an investigative process -- and a very hostile process -- for which the word "interrogatoire" is justified.
Judges/magistrates in the US do not have any investigative role. They don't do enquêtes; that is the job of the lawyers. A deposition is an investigative tool used to uncover evidence to be used against your opponent at trial, and to understand what evidence they have on their side, so that you can strategize how to respond to their evidence. You might do ten depositions and then, depending on what you discover in the depositions, only call three of those witnesses at trial.
It is a purposely difficult and hostile process, designed to be very challenging for the witness: to destabilize her, to discredit her, to ferret out every secret she is trying to keep, and to discover all the inconsistencies and veiled truths that you (the attorney taking the deposition) can possibly discover. With experts, you're also trying to find every possible way to make them look stupid, arrogant, unqualified or just wrong.
That's why I used the word "interrogatoire."
Peer comment(s):
neutral |
ph-b (X)
: « interrogatoire », c'est ce que font les forces de l'ordre au cours d'une enquête et les magistrats dans un tribunal. Ça ne semble pas correspondre à la définition que vs avez donnée dans la discussion.
29 mins
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A deposition is an investigative tool. In US civil litigation, the parties' lawyers conduct the investigation/enquête--not the magistrates/judges, not the police. The interrogatoires are done by the parties' lawyers.
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agree |
GILLES MEUNIER
12 hrs
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Merci!
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+1
12 hrs
English term (edited):
All experts may be deposed
Des témoignages formelles peut être recueillies des experts
My attempt
Might need tidying up by a Fr native speaker but I think it gets rid of the very awkard use of "deposed" which make me think of corrupt monarchs...
Might need tidying up by a Fr native speaker but I think it gets rid of the very awkard use of "deposed" which make me think of corrupt monarchs...
Peer comment(s):
agree |
B D Finch
: The corrupt monarchs aren't necessarily the ones that get deposed.
16 hrs
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True! but experts being "deposed" somehow grates (maybe it's acceptable to our US colleagues though)
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neutral |
Eliza Hall
: Not sure this works because to my mind a "témoignage formel" (masculine) is much broader: could be before the judge, in court with the jury, wherever; could happen before or during trial. A deposition is much narrower (pre-trial, no judge or jury present)
16 hrs
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OK but I think "peuvent être recueillies des experts" is the way around the awkward En phrasing, don't you?
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Discussion
Selon le juridictionnaire, "Le témoignage que fournit un témoin au procès est oral quand il est rendu de vive voix, par opposition au témoignage écrit, lequel est rendu au moyen d’un affidavit (ou d’une déclaration sous serment en régime civiliste) ou par voie de déposition." Quant à l’aspect "écrit" de la déposition, notons cette phrase: "Il y a absence de concordance entre son témoignage et sa déposition."
On trouve dans le juridictionnaire les mentions "Déposition, preuve, témoignage par affidavit", "Établir, faire, signer, souscrire un affidavit", "Présenter un affidavit" (cf. fiche "affidavit"). "...la fausse déposition, le faux affidavit... et le faux rapport d’expert sont des exemples de faux produits en justice."
http://www.btb.termiumplus.gc.ca/juridi-srch?lang=eng&srchtx...
What the sentence means is: "All experts may be formally questioned before trial, under oath, by opposing counsel, but such depositions must occur within the time limit set forth below..." Perhaps you could translate that, i.e. provide an explanatory translation rather than a direct one, since depositions don't seem to exist in France.
The "time limit for all depositions" is mentioned because in US litigation, there is often a later deadline for expert depositions than for the depositions of fact witnesses (i.e. nonexperts, people personally familiar with the relevant facts e.g. eyewitnesses). The court sets the schedule for pretrial practice, or adopts a schedule agreed to by the lawyers for the parties, and very often "expert discovery" (submitting written reports by experts and deposing the experts) has its own schedule that's later than "fact discovery" (all other depositions and examinations of documents).
The passive voice is common in US legalese. Not pretty, but common :)
And here is the rest of the paragraph. But if "entendu" is not accurate, then what term should be used to translate "deposed" and "deposition"?
Depositions. All depositions (including any expert depositions, see item 3 above) must be completed by november 30. Unless counsel agree otherwise or the Court so orders,
depositions shall not commence until all parties have completed the initial disclosures required by
Fed. R. Civ. P. 26(a)(l) or until four weeks from the date of this Order, whichever is earlier.
That's not AT ALL the same thing as a deposition under US litigation (which appears to be what Cécile's text comes from).
The only time I've ever seen written depositions used is in trademark cases being decided by the Trademark Trial and Appeal Board (TTAB). I've never seen them used in any other kind of case, nor before an actual court (the TTAB is an administrative tribunal, not a court).
Although depositions are oral, there is a written record of the deposition, prepared by the stenographer: the "deposition transcript." It's not a summary but a word-for-word transcript of what each participant said: every question asked by the lawyer taking the deposition, every objection from the opposing lawyer, every word the witness said, every time the stenographer asked for clarification (e.g. "Could you spell that"). The transcript can be anywhere from a few pages to hundreds of pages long, since depositions can take anywhere from an hour to 2-3 days.
Occasionally, excerpts from a videotaped deposition may be used at trial (e.g. if the witness died or is unavailable during trial).
Here's what it means: in litigation, sometimes expert witnesses are required. In the US (and I believe UK), unlike in France, the experts are hired by and for the parties, not by the court. They're not independent; they're paid by the parties.
All witnesses, including experts, may be deposed. Depositions happen BEFORE TRIAL and not in the presence of the judge. In a deposition, the witness is questioned, under oath, by opposing counsel.
The only people normally present at a deposition are: (1) the witness; (2) one or more lawyers for the party whose witness it is (e.g., if it's the plaintiff's expert, then this means the plaintiff's lawyers), who are said to "defend the deposition," i.e. protect the witness from unfair questions etc.; (3) one or more lawyers for the other party or parties (who are said to "take the deposition"); and (4) the stenographer (and/or videographer, if the deposition is videotaped).