Jun 30, 2020 08:06
3 yrs ago
28 viewers *
Spanish term

Por haberse acordado en el procedimiento

Spanish to English Law/Patents Law (general) Criminal procedure/subpoena
And another one (I've stored them up!). This is taken from a CÉDULA DE CITACIÓN and is the very first line:

Por haberse acordado en el procedimiento arriba referenciado, se cita a Vd. en calidad de testigo a fin de asistir a la celebración del JUICIO ORAL siguiente:

Does it mean "the court has decided to conduct this case and so you are subpoenaed", or is it the witness who has agreed to something?

Thanks.

Discussion

Sandro Tomasi Jun 30, 2020:
¿Quién acordó? If it was it the court, ruled, ordered, granted; if it was the parties, consented, stipulated.

Proposed translations

+3
7 hrs
Selected

As ruled/ordered in the proceeding

Procedurally speaking, in some Latin American countries, "acordar/se" means "to rule" or "to order", hence you often see the noun "acuerdo" used to mean a "court order/ruling/decision".

In this case, you could translate it as:

"As ruled in the proceeding mentioned above, you are ordered to appear as a witness..."

or for a more US-English style,

"Pursuant to a ruling in the above-styled proceeding, you are ordered to appear..."
Peer comment(s):

agree Adrian MM. : I think you're right- Nowt to do with a case management conference decision. However, in E&W, this would be a 'witness summons': so your are hereby summon(s)ed. Subpoena used to be for civil cases only.
4 hrs
Good to know, and thanks for the agree, Adrian. I think this is probably the idea, but you could have left your answer for the time being until we can be sure what's going on here.
agree Marcelo González
20 hrs
Thanks, Marcelo.
agree Sarah Verger : In view of the 'en' I agree it must mean the agreement was made IN the proceeding, not about the proceeding
23 hrs
Thanks, Sarah, although I think it's a ruling rather than an agreement.
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4 KudoZ points awarded for this answer.
16 mins

Agreement having been reached with regard to the aforementioned proceedings

maybe

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Note added at 1 hr (2020-06-30 09:42:37 GMT)
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or: how to proceed etc.
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