réplica e contestação

English translation: reply and defence (to counterclaim)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:réplica e contestação
English translation:reply and defence (to counterclaim)
Entered by: ana luiza

16:47 Jan 26, 2021
Portuguese to English translations [PRO]
Law/Patents - Law (general)
Portuguese term or phrase: réplica e contestação
Houve a apresentação de réplica e contestação ao pedido reconvencional.
ana luiza
Brazil
Local time: 02:30
reply and defence (to counterclaim)
Explanation:
The source terms réplica e contestação are truncated and therefore misleading. A réplica is the claimant's reply to the defendant's defence and the contestação is the claimant's defence to the defendant's counterclaim.

Réplica e contestação ao pedido reconvencional = Reply and defence to counterclaim

"A REPLY
If the Defence does not contain a counterclaim a Reply is not mandatory. There is no guidance in the rules relating to when and whether to file a Reply.

A DEFENCE TO COUNTERCLAIM
If the Defence contains a counterclaim, however, then a Defence to the Counterclaim is mandatory. A failure to file a Defence to the counterclaim gives the Defendant a right to apply for judgment in default. As we have seen recently there is no guarantee that a court will exercise its discretion to set the default judgment aside."

http://www.civillitigationbrief.com/2016/07/19/replies-and-d...
Selected response from:

Mark Robertson
Local time: 05:30
Grading comment
Thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1[reply/response/defense arguments] and [objections]
Mario Freitas
4 +1reply and rebuttal
Oliver Simões
4 +1Response and contestation
Katarina Peters
5reply and defence (to counterclaim)
Mark Robertson
4P's Reply and Defenc/se to the D's Counterclaim
Adrian MM.
4(reply and) answer
Teresa Freixinho


  

Answers


44 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
[reply/response/defense arguments] and [objections]


Explanation:
Sugestão alternativa, mas a da Katarina está correta, IMO.

Mario Freitas
Brazil
Local time: 02:30
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 842

Peer comments on this answer (and responses from the answerer)
agree  Katarina Peters: Yes, these work as well! :)
13 mins
  -> Thank you, Katarina!
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48 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
reply and rebuttal


Explanation:
De acordo com Marcílio Pereira de Castro:

réplica: reply
contestação: answer" (US English)
In "Dicionário de Direito, Economia e Contabilidade"

Para evitar uma redundância (reply, answer), sugiro traduzir "contestação" como "rebuttal". Veja exemplos abaixo.

Example Sentences:
"Parties filing reply and rebuttal verified statements will be considered to have admitted the truth of material allegations of fact contained in their opponents' statements unless those allegations are specifically challenged." - https://www.law.cornell.edu/cfr/text/49/1112.6

"O1 submitted substantial evidence, largely in its Reply and Rebuttal testimony, that ATT-M is offering direct connect agreements to at least three other carriers on the exact rates, terms and conditions O1 sought but was denied." - https://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M168/K811/...

Outros exemplos:
https://www.google.com/search?q="reply and rebuttal" legal

--------------------------------------------------
Note added at 55 mins (2021-01-26 17:42:50 GMT)
--------------------------------------------------

"Reply and rebuttal" tem somente 363.000 resultados no Google!

Oliver Simões
United States
Local time: 22:30
Specializes in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 283

Peer comments on this answer (and responses from the answerer)
agree  Sergio Carré
3 mins
  -> Obrigado, Sergio.

neutral  Mark Robertson: A Reply (and Rebuttal) targets the defence not the defendant's counterclaim. The contestação here targets the counterclaim.
1 hr
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55 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Braz. civ. proc. : réplica e contestação ao pedido reconvencional
P's Reply and Defenc/se to the D's Counterclaim


Explanation:
P: Plaintiff/s or Scots: Pursuer/s E+W: Claimant vs. a company > sociedad or partnership: Claimants in most E+W courts, except the Chancery Division where a corporate party is conventionally kept in the singular vs. a Partnership trading as a 'Firm'
D: Defendants Scots: Pursuer/s

Order of pleadings. now known as Statements of Case in E+W: Various Dictionaries of Law and my Uni. Law Notes of *HALF A CENTURY AGO*
1. Statement of Claim
2. Defence
3. Reply to the defence
4. Rejoinder,
5. Sur-rejoinder
6. Rebutter
7. Sur-rebutter

Rebuttal : a term used in US American law - 'time given to refute or oppose a claim made by the opposing party' cf. rebuttal evidence > Barron's US Am. law dictionary.

--------------------------------------------------
Note added at 56 minutes (2021-01-26 17:44:22 GMT)
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sociedad: sociedade

D: Defendant/S Scots: Defender/s

Example sentence(s):
  • There are different time limits for the filing of a Reply and the Defence to Counterclaim. Consequently the court will normally order that the Reply and Defence to Counterclaim be filed at the same time.

    Reference: http://www.justice.gov.uk/courts/procedure-rules/civil/rules...
    Reference: http://www.proz.com/kudoz/portuguese-to-english/law-general/...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 111
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19 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Response and contestation


Explanation:
suggestion

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Note added at 1 hr (2021-01-26 17:55:10 GMT)
--------------------------------------------------

https://www.justice.gouv.qc.ca/en/your-disputes/small-claims...

https://www.revenuquebec.ca/en/fair-for-all/informing-you-of...

Katarina Peters
Canada
Local time: 01:30
Specializes in field
Native speaker of: Native in HungarianHungarian, Native in EnglishEnglish
PRO pts in category: 232

Peer comments on this answer (and responses from the answerer)
agree  Mario Freitas:
25 mins
  -> Thanks, Mario! :)
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1 hr   confidence: Answerer confidence 5/5
reply and defence (to counterclaim)


Explanation:
The source terms réplica e contestação are truncated and therefore misleading. A réplica is the claimant's reply to the defendant's defence and the contestação is the claimant's defence to the defendant's counterclaim.

Réplica e contestação ao pedido reconvencional = Reply and defence to counterclaim

"A REPLY
If the Defence does not contain a counterclaim a Reply is not mandatory. There is no guidance in the rules relating to when and whether to file a Reply.

A DEFENCE TO COUNTERCLAIM
If the Defence contains a counterclaim, however, then a Defence to the Counterclaim is mandatory. A failure to file a Defence to the counterclaim gives the Defendant a right to apply for judgment in default. As we have seen recently there is no guarantee that a court will exercise its discretion to set the default judgment aside."

http://www.civillitigationbrief.com/2016/07/19/replies-and-d...

Mark Robertson
Local time: 05:30
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1218
Grading comment
Thanks
Login to enter a peer comment (or grade)

1 day 22 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(reply and) answer


Explanation:
Acredito que se possa omitir "reply" e apenas usar "answer", que já engloba o sentido da "réplica".

Teresa Freixinho
Brazil
Local time: 02:30
Works in field
Native speaker of: Portuguese
PRO pts in category: 96
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