Glossary entry

English term or phrase:

Appearance, Consent and Waiver

Polish translation:

zgłoszenia uczestnictwa w sprawie, zgoda na rozpatrywanie sprawy przed sądem, zrzeczenie się ...

Added to glossary by Małgorzata Borowska
Jan 19, 2017 09:09
7 yrs ago
14 viewers *
English term

Appearance, Consent and Waiver

English to Polish Law/Patents Law (general)
Tłumaczę amerykański wyrok rozwodowy i mam problem z następującym zdaniem: The Respondent waived issuance, service, and return of process and appeared generally by an Appearance, Consent and Waiver duly filed and did not otherwise appeared.

Szczególnie druga część zdania jakoś zupełnie nie daje się ująć po polsku:/

Proposed translations

+1
1 day 2 hrs
Selected

zgłoszenia uczestnictwa w sprawie, zgoda na rozpatrywanie sprawy przed sądem, zrzeczenie się ...

zgłoszenie uczestnictwa w sprawie - appearance
zgoda na rozpatrywanie sprawy przed tym/danym sądem - consent
zrzeczenie się niektórych praw - waiver

Razem:
Zgłoszenia uczestnictwa w sprawie, zgoda na rozpatrywanie sprawy przed sądem, zrzeczenie się niektórych praw [Appearance, Consent and Waiver]

lub: Formularz zgłoszenia uczestnictwa...
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This process is used to eliminate much of the paperwork and often considerable expense from the process of obtaining a divorce. With this document, the spouse who is not designated as the petitioner/plaintiff officially makes a legal appearance and consents to the jurisdiction and venue of the court. This spouse (referred to as the respondent/defendant) also waives his or her right to findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment or decree and right to appeal. Once the spouse who will act as respondent/defendant has signed this form, no further action by that spouse should be necessary for the remainder of the divorce process.

Also, the filing of this document waives the right of the parties to have papers served formally by a sheriff or process server.
http://www.findlegalforms.com/articles/form-encyclopedia/wha...

http://www.proz.com/kudoz/english_to_polish/law_general/6072...
http://www.proz.com/kudoz/english_to_polish/law_general/6022...
http://www.proz.com/kudoz/english_to_polish/law_general/4645...

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Note added at 1 day2 hrs (2017-01-20 11:55:22 GMT)
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appeared generally - wyraziła zgodę na rozpatrywanie sprawy/pozwu przed danym sądem
Peer comment(s):

agree Frank Szmulowicz, Ph. D.
4 hrs
Thanks Frank. I appreciate your consent.
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4 KudoZ points awarded for this answer.

Reference comments

8 mins
Reference:

Appearance, Consent and Waiver

This Appearance, Consent and Waiver form is designed for use by a defendant in a divorce case. This legal document clearly sets forth that defendant received a copy of the complaint, has entered into a marital settlement agreement and waives certain rights, including notice of trial and right to appeal but not to future modification of a judgment or divorce decree. This Appearance, Consent and Waiver must be signed by the defendant in the presence of a notary.
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IN THE DISTRICT COURT OF ____________________________ COUNTY ___________________________ ,____________________________ JUDICIAL DISTRICT

In re: The Marriage of
______________________________
______________________________ Petitioner
and Case #: _________ )
______________________________
______________________________ Respondent

AND IN THE INTEREST OF __________________________
APPEARANCE, CONSENT AND WAIVER
The undersigned Defendant on oath states that:
1. The Defendant is a resident of and domiciled in the State of ________________ for the preceding ____________________ years.
2. The Defendant has received a copy of the Complaint and the Defendant has read and understood the Complaint and admits all of the allegations contained in it.
3. Defendant hereby waives all objections relating to the venue and the issuance, service, and return of process in this cause and Defendant voluntarily provides general appearance in this cause and submits personally to the jurisdiction of the court. Defendant hereby represents that Defendant has never been involved in any other domestic relations proceeding involving the other party in this or any other jurisdiction.
4. Defendant has freely and voluntarily entered into a Marital Settlement Agreement, dated ___________________, and a Financial Statement which are attached to and incorporated into the original Complaint. The Marital Settlement Agreement and Financial Statements were signed by Defendant under no duress or force and without collusion.
5. Defendant hereby fully consents to the said Marital Settlement Agreement and Financial Statements and that the parties are ordered to comply with all terms and conditions of the Marital Settlement Agreement, but that the Marital Settlement Agreement survive.
6. Defendant further waives his rights to notice of trial, findings of fact and conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgment or decree, and right to appeal, but do not waive any rights to the future modification of any judgment or decree in this cause.
__________________________________
Defendant

State of __________________
County of ________________
On this day, before me, the undersigned authority, in and for and residing in the above County and state, personally appeared the Defendant , ________________________ , who is personally known to me to be the same person whose name is subscribed to the foregoing document, and, being duly sworn, he verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary act and that a copy of the Complaint has been received.
Subscribed and sworn to this ______ day of ______________, 20__.
_____________________________________________
Name and signature
My commission expires: ______________________

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Note added at 10 mins (2017-01-19 09:19:32 GMT)
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http://www.findforms.com/single_example.php/example/41/Free_...


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Note added at 30 mins (2017-01-19 09:40:02 GMT)
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General Appearance
The act by which a defendant completely consents to the jurisdiction of the court by appearing before it either in person or through an authorized representative thereby waiving any jurisdictional defects that might be raised except for that of the competency of the court.

A general appearance differs from a special appearance in which a defendant agrees to submit to the jurisdiction of the court for a restricted purpose, such as to test whether the Service of Process made upon him or her was legally sufficient.
http://legal-dictionary.thefreedictionary.com/general appear...

http://www.proz.com/kudoz/English/law_general/1267563-file_a...
http://www.proz.com/kudoz/english_to_polish/law_general/6072...


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Note added at 32 mins (2017-01-19 09:41:45 GMT)
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general appearance

n. an attorney's representation of a client in court for all purposes connected with a pending lawsuit or prosecution. After "appearing" in court, the attorney is then responsible for all future appearances in court unless officially relieved by court order or substitution of another attorney. A lawyer may be leery of making a general appearance unless all details of representation (such as the amount and payment of his/her fees) have been worked out with the client.
Peer comments on this reference comment:

agree Frank Szmulowicz, Ph. D. : bardzo pomocne
56 mins
Dziękuję Frank. Pozdrawiam
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