Glossary entry (derived from question below)
French term or phrase:
nul pour l\'appelant non comparant
English translation:
no joining of issue / appearance entered/ on the defaulting Appellant\'s behalf
Added to glossary by
Cassandra Delacote
Oct 21, 2020 11:13
3 yrs ago
53 viewers *
French term
nul pour l'appelant non comparant
French to English
Law/Patents
Law (general)
Judgment by Court of Appeal
Context:Decision pronounced in a Court of Appeal in Madagascar
LA COUR :
Vu toutes les pièces du dossier ;
Vu les conclusions des parties ;
Nul pour l'appelant non comparant ;
Vu les réquisitions du Ministère Public ;
Après en avoir délibéré conformément à la loi ;
I am not sure what is null and void for the appelant who fails to appear (in Court), and how this fits in with the rest of the text.
I would appreciate the input, explanations and suggested translations of the legal experts out there!
LA COUR :
Vu toutes les pièces du dossier ;
Vu les conclusions des parties ;
Nul pour l'appelant non comparant ;
Vu les réquisitions du Ministère Public ;
Après en avoir délibéré conformément à la loi ;
I am not sure what is null and void for the appelant who fails to appear (in Court), and how this fits in with the rest of the text.
I would appreciate the input, explanations and suggested translations of the legal experts out there!
Proposed translations
(English)
| 3 +2 | no joining of issue / appearance entered/ on the defaulting Appellant's behalf |
Adrian MM.
|
| 4 -2 | Appelant dismissed for failure to appear |
Francois Boye
|
Proposed translations
+2
2 hrs
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
359
Selected
no joining of issue / appearance entered/ on the defaulting Appellant's behalf
Entry of appearance equates with acknowledgement of service of a pleading.
Otherwise, no application / motion and no order / directions issued would come at the end of the judg/e/ment.
Here the French - routinely a woman - judge is angry, but the appeal is not 'caduc', void.
Otherwise, no application / motion and no order / directions issued would come at the end of the judg/e/ment.
Here the French - routinely a woman - judge is angry, but the appeal is not 'caduc', void.
Example sentence:
un appel nul (pour défaut de mention des chefs du jugement critiqué, par exemple), peut, lui, être régularisé par le dépôt d’une nouvelle déclaration d’appel dans le délai imparti à l’appelant pour conclure ..avis Cour de Cassation 20 déc
USA: The Briley defendants answered, thus joining the issues, but failed to appear for trial. Had they appeared, they would have been entitled to present a full defense.
Peer comment(s):
| agree |
SafeTex
1 hr
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Thanks, tack and merci.
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| neutral |
Daryo
: you are going too much into details + can't see any "angry woman judge" in this ST ???
12 hrs
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--- pref. into detail in the singular, but you are right. I extrapolated the female preponderance on the French Bench, as remarked to me by a Versailles Court of Grand Instance woman judge, to Madagascar.
|
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| agree |
AllegroTrans
23 hrs
|
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Thanks and merci.
|
4 KudoZ points awarded for this answer.
Comment: "Thank you for this answer"
-2
2 hrs
Francois Boye
United States
United States
Native in French
United States
An economic geek with social skills
Native in: French 
Works in: English to French, French to English, Spanish to English, and 1 more.
Related KudoZ points
:
104
Appelant dismissed for failure to appear
my take
Peer comment(s):
| disagree |
Daryo
: might be true or not (if an appellant - a person, not a case, could be "dismissed" by a judge at all .., but it's not what it's meant by "nul pour l'appelant non comparant"
11 hrs
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Yes! An appelant can be dismissed. The US Supreme court has refused to examine many appeals for many reasons..
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| disagree |
AllegroTrans
: As we don't actually know the outcome this is guesswork, for all we know the appeal may have been successful (or adjourned to a later date). You cannot make assumptions.
22 hrs
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Discussion
Vu .... = considering / taking into account & similar
Nul pour = "taking into account nothing" for the absentee ... or whatever is the usual formulation to the same effect.