Sep 21, 2000 03:07
23 yrs ago
8 viewers *
French term

citation à victime

French to English Law/Patents
"j’ai été rendu destinataire de la citation à victime ci-jointe délivrée par la société civile"
Is this "summons to appear as a victim"? Seems odd.
Mary

Proposed translations

10 hrs
Selected

summons to appear as a (victim) witness ; (victim) witness summons

In so far as "citation" is a generic term for "assignation", your hunch is right.

Cf. DALLOZ, Lexique de Termes Juridiques :
"Citation (en justice) - (PROCEDURE CIVILE) - Terme générique désignant l'acte de procédure par lequel on somme une personne ou un témoin de comparaître devant un juge, un tribunal ou un conseil de discipline".

Cf. EuroDicAutom :
"citation DE témoins" = witness summons

Nikki
Peer comment(s):

Heathcliff
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4 KudoZ points awarded for this answer. Comment: "Thanks for your input. Mary"
3 hrs

It sounds like it is a "summons to appear as the defendant"

The victim of some accusation/s (?)

Regards.
Luis Luis
Peer comment(s):

Heathcliff
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10 hrs

sounds more like summons to appear as a witness for the

prosecution. I mean, a victim doesn't have to defend himself, but if he's not the one filing charges, he could be a witness for the prosecution. Ask a lawyer (my Dad's not available right now).
Peer comment(s):

Heathcliff
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10 hrs

Civil or criminal?

It sounds as though your context is criminal. A victim is a witness as any other - probably the "best" of all witnesses.
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13 hrs

(another odd thing...)

This notice or summons was apparently delivered by a law firm, rather than by a bailiff ("huissier de justice"), as is the usual practice: "I received the attached [notice to appear on behalf of the plaintiff (or "prosecution")], which was delivered by the [non-trading company, or "firm"]..." I'm baffled.
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17 hrs

summons to appear as plaintiff

I found "avis à victime" on this website, Sounds like what an official notice informing you that your case (in which you are the "victim" or plaintiff) has been accepted and you are given a date to appear.

http://mapage.cybercable.fr/hars/Vous_defendre/Droits.htm
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1 day 3 hrs

witness summons, subpoena

Documents served as part of the legal process (UK) can be served by a member of the firm of solicitors. Service can also be effected by a legal executive (a specific qualification). To this extent then service can be effected by a "société civile (professionnelle)" if French and English law are similar in this respect.

Further, there is no such thing as a "summons to appear as a plaintiff". I do of course see what one of the previous answerer means, as the victim and the plaintiff may well be (or though are not necessarily are) the one and the same person.

SUMMONS :
- serving of a summons : procedure involving the delivery of a summons to the defendant
- writ of summons : the commencing stage in an action whereby defendant is called on to acknowledge claim made out against him by the plaintiff

WITNESSES :
There are two types of witnesses :
- one who observes the signing of a document for example ;
- one who gives evidence in court (under oath ; or with an affirmation that his evidence is true - in which case it must be corroborated).

SUBPOENAS :
A witness may be ordered to appear. Such orders are called ‘subpoenas’ and order a person to appear in court on a certain day to give evidence. Failure to respect the order means that the person is in contempt of court.
There are 2 types of subpoena :
- subpoena ad testificandum = requiring a person to give evidence ;
- subpoena duces tecum = requiring a person to produce particular documents in evidence.

O 38, r14
S.C.A. 1981, ss36, 123
Marcel –v- CPM [1991] WLR 1118 (if you have access to law reports).


A subpoena is a writ. Moreover, it means “under penalty”. If you do not adhere to its requirements, then you run the risk of the penalty being invoked.

I don't think that it is anything more mysterious than that, unless anyone can shed further light???

Nikki
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