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Glossary entry

Spanish term or phrase:

"X compareció por escrito, demandando a Y..."

English translation:

By a written petition (or complaint), X appeared before the Court in order to sue Y...\"

Added to glossary by Bob Haskell
Oct 31, 2017 13:37
6 yrs ago
23 viewers *
Spanish term

\"comparecer por escrito\"

Spanish to English Law/Patents Law (general)
I come across this very often in Mexican legal documents:

"...por escrito presentado en Oficialía de Partes Común... compareció X por su propio derecho... etc."

"The party appeared by means of a document presented" sounds awful. How would you translate "compareció por escrito"?

Gracias de antemano...
Proposed translations (English)
4 By a written [petition/complaint.... Ms. X] appeared [before the court]
4 +1 file an entry of appearance
4 -1 made written submissions
3 -1 appear by brief
References
definition
Change log

Nov 5, 2017 04:48: Bob Haskell changed "Edited KOG entry" from "<a href="/profile/131498">Bob Haskell's</a> old entry - "\\\"X compareció por escrito, demandando a Y...\\\""" to ""By a written petition (or complaint), X appeared before the Court in order to sue Y...\"""

Discussion

Robert Carter Nov 1, 2017:
Thanks for posting that, Bob.
Bob Haskell (asker) Oct 31, 2017:
The whole context "... por escrito presentado en Oficialía de Partes Común de los Juzgados .... en fecha ____ ... compareció la señora _____ por su propio derecho y en representación de sus hijas ---- demandando en la vía ordinaria civil al señor ---
por las siguientes prestaciones: --- "

I should have told you all that the above quote is from the RESULTANDOS section of a "juicio ordinario civil sobre pérdida de la patria potestad" (seeking the removal of custody from the husband).
Robert Carter Oct 31, 2017:
Chris I think it would be helpful if Bob would post the rest of the sentence, but, since he posted "Compareció por escrito la Sra. X, demandando a Y..." in his note to your reference below, I think we have to assume he is right about Sra. X being the petitioner/plaintiff here.
AllegroTrans Oct 31, 2017:
Everyone if X is the defendant/respondent, which I have assumed, this is surely about entering a written appearance. I cannot see how this can be referring to the plaintiff/claimant/petitioner.
Robert Carter Oct 31, 2017:
@Rebecca Thanks for posting that! Very helpful for those of us who have more experience with one system or another.
Robert Carter Oct 31, 2017:
Bob I've just addressed that question. As you have now elaborated that this is an initial complaint/petition, you can word it accordingly.
The key to understanding "comparecer... por escrito" is, as most have suggested here, not that you are "appearing in writing" as it were, but "making an appearance before the court" (i.e., which the court would acknowledge as such) by means of a written document submitted at the filing desk, which is then passed to the judge to later read and enter into the record (without you necessarily being present at the time).

Chris:
"Comparecer... por escrito" doesn't necessarily mean filing a written acknowledgment. It can just be any court "appearance" made in writing rather than orally. In this case, as Bob mentions, it's the initial [written] complaint.
Bob Haskell (asker) Oct 31, 2017:
But is an "entry of appearance" the very first presentation of an intention to pursue a lawsuit? Could this be "File a case" or "file a suit"? Or even just "file suit"? The intended audience is someone in California.
Rebecca Jowers Oct 31, 2017:
@Seth Hi Seth,

The additional context from Bob (indicating that the expression to be translated is "Compareció por escrito la Sra. X, demandando a Y...") appears to confirm that this, in effect, concerns an entry of appearance. But there is perhaps another reason for not referring to the document as a "brief." While "brief" is used loosely in American legal English to denote many types of documents filed at the courts, it has a very limited meaning in English law, referring specifically to a solicitor's instructions to a barrister. Since we don't know the translation's intended audience, it might be preferable to avoid calling the document a "brief." (https://rebeccajowers.com/2016/06/03/legal-english-in-the-us... )

Proposed translations

3 hrs
Spanish term (edited): por escrito.... compareció
Selected

By a written [petition/complaint.... Ms. X] appeared [before the court]

Generically, I think all of the other answers could be correct in the right circumstances, but if, as the asker has subsequently mentioned, this is indeed the initial complaint ("Compareció por escrito la Sra. X, demandando a Y..."), you'll probably want to translate it something like this:

"By a written complaint/petition filed with the Central Filing Office, Ms. X appeared before the court on her own behalf to sue Y..."

I imagine, given that the party is appearing without representation, that this is probably a divorce suit; if so, use petition instead of complaint.

--------------------------------------------------
Note added at 1 day3 hrs (2017-11-01 17:30:33 GMT)
--------------------------------------------------

Given the text you quoted in the discussion, Bob, I'm satisfied that my translation above (using petition instead of complaint) works fine here.

--------------------------------------------------
Note added at 1 day4 hrs (2017-11-01 18:10:44 GMT)
--------------------------------------------------

To address Phil's point about "not being able to appear without appearing," in the legal sense, the term appearance has a slightly different meaning:

“The term ‘appearance’ is used particularly to signify or designate the overt act by which one against whom suit has been commenced submits himself to the court's jurisdiction, although in a broader sense it embraces the act of either plaintiff or defendant in coming into court .... An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction.” 4 Am. Jur. 2d Appearance § 1, at 620 (1995).
Black's Law, 8th Ed.

In some situations, a defendant may not need to appear in court in person and may even make an appearance by mail. For example, when individuals receive traffic tickets they may choose to send in a check for the amount of the fine.
https://legal-dictionary.thefreedictionary.com/appearance
Peer comment(s):
neutral AllegroTrans : You have assumed that escrito means the petition/complaint. I am inclined to think it means the reply/acknowledgement of service etc.
1 hr
Thanks for your comment, Chris. I've addressed this point in the discussion.
neutral philgoddard : You can't appear without appearing.
1 day 31 mins
Thanks, Phil. In fact, you can. I'll post an addendum above.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "This seems the most exact choice. "Filed an entry of appearance" is more succinct, but it tends to imply getting permission to appear on behalf of someone else, not the first step in opening a case. As I understand things, anyway."
-1
1 hr
Spanish term (edited): comparecer por escrito

made written submissions

Or submitted written pleadings, or whatever.

I wasn't familiar with "oficialía de partes común", but here it is:
http://www.proz.com/kudoz/spanish_to_english/law_patents/591...
Peer comment(s):
disagree AllegroTrans : No, this is simply filing appearance at the very first stage of a case, e.g. a simple acknowledgement of service or notice of intention to defend
33 mins
Maybe, but neither you nor Rebecca have provided any evidence of this.
Something went wrong...
+1
1 hr

file an entry of appearance

"Party X filed an entry of appearance" might work for "compareció X por escrito".
Note from asker:
Thanks. Or "filed a request for appearance" maybe...
Peer comment(s):
agree AllegroTrans : yes, but not "request"
27 mins
Thanks, Allegro. I agree that "request" doesn't fit here
Something went wrong...
-1
1 hr
Spanish term (edited): comparecer por escrito

appear by brief

Per Thomas West.
Peer comment(s):
disagree AllegroTrans : No, this is simply filing a written acknowledgement (appearance) to a suit. We don't know whether additional pleadings are being filed. Thomas West is all very well but he doesn't always help with real-life situations!
3 hrs
Something went wrong...

Reference comments

1 hr
Reference:

definition

In law, appearance (from Latin apparere, to appear) is the coming into court of either of the parties to a lawsuit, and/or the formal act by which a defendant submits himself to the jurisdiction of the court.
Appearance (law) - Wikipedia
https://en.wikipedia.org/wiki/Appearance_(law)
Note from asker:
Is "comparecer por escrito" not filing for a case to be heard, bringing a suit, asking to have it admitted (in the present situation)? Because the whole context is: "Compareció por escrito la Sra. X, demandando a Y..."
Something went wrong...
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