Glossary entry

Portuguese term or phrase:

réplica e contestação

English translation:

reply and defence (to counterclaim)

Added to glossary by ana luiza
Jan 26, 2021 16:47
3 yrs ago
49 viewers *
Portuguese term

réplica e contestação

Portuguese to English Law/Patents Law (general)
Houve a apresentação de réplica e contestação ao pedido reconvencional.

Proposed translations

1 hr
Selected

reply and defence (to counterclaim)

The source terms réplica e contestação are truncated and therefore misleading. A réplica is the claimant's reply to the defendant's defence and the contestação is the claimant's defence to the defendant's counterclaim.

Réplica e contestação ao pedido reconvencional = Reply and defence to counterclaim

"A REPLY
If the Defence does not contain a counterclaim a Reply is not mandatory. There is no guidance in the rules relating to when and whether to file a Reply.

A DEFENCE TO COUNTERCLAIM
If the Defence contains a counterclaim, however, then a Defence to the Counterclaim is mandatory. A failure to file a Defence to the counterclaim gives the Defendant a right to apply for judgment in default. As we have seen recently there is no guarantee that a court will exercise its discretion to set the default judgment aside."

http://www.civillitigationbrief.com/2016/07/19/replies-and-d...
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4 KudoZ points awarded for this answer. Comment: "Thanks"
+1
44 mins

[reply/response/defense arguments] and [objections]

Sugestão alternativa, mas a da Katarina está correta, IMO.
Peer comment(s):

agree Katarina Peters : Yes, these work as well! :)
13 mins
Thank you, Katarina!
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+1
48 mins

reply and rebuttal

De acordo com Marcílio Pereira de Castro:

réplica: reply
contestação: answer" (US English)
In "Dicionário de Direito, Economia e Contabilidade"

Para evitar uma redundância (reply, answer), sugiro traduzir "contestação" como "rebuttal". Veja exemplos abaixo.

Example Sentences:
"Parties filing reply and rebuttal verified statements will be considered to have admitted the truth of material allegations of fact contained in their opponents' statements unless those allegations are specifically challenged." - https://www.law.cornell.edu/cfr/text/49/1112.6

"O1 submitted substantial evidence, largely in its Reply and Rebuttal testimony, that ATT-M is offering direct connect agreements to at least three other carriers on the exact rates, terms and conditions O1 sought but was denied." - https://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M168/K811/...

Outros exemplos:
https://www.google.com/search?q="reply and rebuttal" legal

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Note added at 55 mins (2021-01-26 17:42:50 GMT)
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"Reply and rebuttal" tem somente 363.000 resultados no Google!
Peer comment(s):

agree Sergio Carré
3 mins
Obrigado, Sergio.
neutral Mark Robertson : A Reply (and Rebuttal) targets the defence not the defendant's counterclaim. The contestação here targets the counterclaim.
1 hr
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55 mins
Portuguese term (edited): Braz. civ. proc. : réplica e contestação ao pedido reconvencional

P's Reply and Defenc/se to the D's Counterclaim

P: Plaintiff/s or Scots: Pursuer/s E+W: Claimant vs. a company > sociedad or partnership: Claimants in most E+W courts, except the Chancery Division where a corporate party is conventionally kept in the singular vs. a Partnership trading as a 'Firm'
D: Defendants Scots: Pursuer/s

Order of pleadings. now known as Statements of Case in E+W: Various Dictionaries of Law and my Uni. Law Notes of *HALF A CENTURY AGO*
1. Statement of Claim
2. Defence
3. Reply to the defence
4. Rejoinder,
5. Sur-rejoinder
6. Rebutter
7. Sur-rebutter

Rebuttal : a term used in US American law - 'time given to refute or oppose a claim made by the opposing party' cf. rebuttal evidence > Barron's US Am. law dictionary.

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Note added at 56 minutes (2021-01-26 17:44:22 GMT)
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sociedad: sociedade

D: Defendant/S Scots: Defender/s
Example sentence:

There are different time limits for the filing of a Reply and the Defence to Counterclaim. Consequently the court will normally order that the Reply and Defence to Counterclaim be filed at the same time.

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+1
19 mins

Response and contestation

suggestion

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Note added at 1 hr (2021-01-26 17:55:10 GMT)
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https://www.justice.gouv.qc.ca/en/your-disputes/small-claims...

https://www.revenuquebec.ca/en/fair-for-all/informing-you-of...
Peer comment(s):

agree Mario Freitas :
25 mins
Thanks, Mario! :)
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1 day 22 hrs

(reply and) answer

Acredito que se possa omitir "reply" e apenas usar "answer", que já engloba o sentido da "réplica".
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