nul pour l'appelant non comparant

English translation: no joining of issue / appearance entered/ on the defaulting Appellant\'s behalf

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
Entered by: Cassandra Delacote

11:13 Oct 21, 2020
French to English translations [PRO]
Law/Patents - Law (general) / Judgment by Court of Appeal
French term or phrase: nul pour l'appelant non comparant
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!
Cassandra Delacote
France
Local time: 11:11
no joining of issue / appearance entered/ on the defaulting Appellant's behalf
Explanation:
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.
Selected response from:

Adrian MM.
Austria
Grading comment
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4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2no joining of issue / appearance entered/ on the defaulting Appellant's behalf
Adrian MM.
4 -2Appelant dismissed for failure to appear
Francois Boye


Discussion entries: 2





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
no joining of issue / appearance entered/ on the defaulting Appellant's behalf


Explanation:
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.


Example sentence(s):
  • 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.

    Reference: http://consultation.avocat.fr/blog/veronique-de-la-taille/ar...
    Reference: http://law.justia.com/cases/california/court-of-appeal/4th/3...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 359
Grading comment
Thank you for this answer

Peer comments on this answer (and responses from the answerer)
agree  SafeTex
1 hr
  -> Thanks, tack and merci.

neutral  Daryo: you are going too much into details + can't see any "angry woman judge" in this ST ???
12 hrs
  -> --- 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.

agree  AllegroTrans
23 hrs
  -> Thanks and merci.
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
Appelant dismissed for failure to appear


Explanation:
my take

Francois Boye
United States
Local time: 06:11
Native speaker of: Native in FrenchFrench
PRO pts in category: 104

Peer comments on this answer (and responses from the answerer)
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
  -> Yes! An appelant can be dismissed. The US Supreme court has refused to examine many appeals for many reasons..

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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