draft pleaded case

16:47 Nov 4, 2019
This question was closed without grading. Reason: No acceptable answer

English to French translations [PRO]
Law/Patents - Finance (general)
English term or phrase: draft pleaded case
The court will be asked instead to review the claimants' draft pleaded case, with my accompanying comments thereon. Once I have introduced and commented upon the draft pleaded case, I will deal with the case for permitting service out of the jurisdiction, which includes, under the heading of "Serious issue to be tried", a detailed account of why the claimants do not believe their causes of action to be time-barred;
Sylvie André
France
Local time: 09:16


Summary of answers provided
3 +3plainte au civil à déposer
Eliza Hall


Discussion entries: 3





  

Answers


4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
plainte au civil à déposer


Explanation:
The pleaded case is UK English for a written document setting out the plaintiff's allegations at the outset of civil litigation, or a series of written documents that set out the plaintiff's case and the defendant's defense (US: the "pleadings"). In the US we might see courts discussing "the case as pled" (or as plead, same thing), which just means the case as set forth in the complaint that was filed.

Here, your text says the document hasn't even been served on the opposing party yet. That means it's just one document, not a back-and-forth of documents from both parties. So in essence, it's the complaint itself and any documents attached to it.

In a court of first instance this would be la plainte au civil. At the appellate level it could be called a mémoire, but since the defendant is outside the jurisdiction and apparently hasn't been served, this sounds like it must be at the first-instance level. Hence, plainte.

Googling your exact phrase brought up only one hit, which was in the England & Wales High Court:
https://www.casemine.com/judgement/uk/5a8ff82d60d03e7f57ebc3...

The word "draft" initially struck me as bizarre, because normally means brouillon or projet ("projet de résolution" = draft resolution), but it makes no sense to have a court review a draft (non-final version).

However, reading the above case at the link, the term is used when Party A wants to amend their pleadings (i.e. change/add something in the original complaint); Party A submits a "draft" to the court (in the US we would say they're submitting a "proposed" amendment to the complaint, not a "draft"), so that the court can read it and decide whether Party A should be allowed to file the amendment.

So I've put "à déposer" to indicate that this document hasn't been filed yet.

Eliza Hall
United States
Local time: 03:16
Works in field
Native speaker of: English
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Cyril Tollari
4 mins
  -> Merci !

agree  Michael Confais (X)
23 hrs
  -> Merci !

agree  GILLES MEUNIER
1 day 13 hrs
  -> Merci !
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