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evacuar audiencia en la vía incidental

English translation: to comply with directions (US) in ancillary proceedings; (UK) on an interim relief application

20:20 Mar 25, 2019
Spanish to English translations [PRO]
Law/Patents - Law (general) / Juicio violencia intrafamiliar
Spanish term or phrase: evacuar audiencia en la vía incidental
Legal document from Guatemala relating to a domestic violence case from 2011.

This part appears on the first page under the EXPONGO section:

"Yo, XXX, (...) ante usted respetuosamente comparezco y
EXPONGO:
(...)
III. DEL MOTIVO DE MI COMPARECENCIA
Comparezco ante la Respetable Señora Juez para ***Evacuar Audiencia en la Vía Incidental***, la cual me fue conferida por el plazo de dos días, de conformidad con los siguientes
HECHOS:..."

For further context, after the facts, the document goes on to detail the legal basis (fundamento de derecho), the evidence (medios de prueba), and request (petición), namely that protective measures be awarded to this young 19-year-old woman and her immediate family, who are being abused by the woman's father.

As far as I understand it, here "evacuar" is being used similarly to "desahogar", i.e. simply to "perform" the hearing (based on an incidental/ancillary motion filed = por vía incidental), which was granted for a period two days (as per Guatemalan law, Art. 138 Ley del Organismo Judicial).

Can anybody confirm this or set me straight? Thanks.
Into U.S. English.
Joshua Parker
Mexico
Local time: 08:25
English translation:to comply with directions (US) in ancillary proceedings; (UK) on an interim relief application
Explanation:
On reconsideration - Robert C. > 'I think "evacuar" (like "desahogar" in Mexico) is used here to mean "respond" or "plead" or indeed "enter" (something or other) on directions from the court.'

Tom West III's and Butterworths dictionaries: evacuar > toi answer; comply with or carry out.

> la cual me fue conferida > a period that I have or had been granted to make *representations*.

en la Vía Incidental: (by way of) anclllary proceedings (Tom West III'd dictionary, as reviewed in a magazine by Yours Truly about 15 years ago).

Better in this context to avoid 'ancillary relief' as invariably refers in the UK to maintenance and financial provision. Disposal is of a claim or application, rather than of a hearing and a 'disposal hearing' in England & Wales, oddly, is to do with payment of costs by instalments.

[...] 40/94, devuelva el asunto a la Sala de Recurso de la
OAMI para que ésta fije un plazo para evacuar el trámite de audiencia, y
oami.europa.eu

[...] it back to the OHIM Board of Appeal for it to set
a time-limit within which the parties may present their comments; and
Selected response from:

Adrian MM.
Austria
Grading comment
Thank you. Your explanation was really helpful.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +1to comply with directions (US) in ancillary proceedings; (UK) on an interim relief application
Adrian MM.


  

Answers


16 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
para evacuar (el el trámite de) audiencia en la vía incidental
to comply with directions (US) in ancillary proceedings; (UK) on an interim relief application


Explanation:
On reconsideration - Robert C. > 'I think "evacuar" (like "desahogar" in Mexico) is used here to mean "respond" or "plead" or indeed "enter" (something or other) on directions from the court.'

Tom West III's and Butterworths dictionaries: evacuar > toi answer; comply with or carry out.

> la cual me fue conferida > a period that I have or had been granted to make *representations*.

en la Vía Incidental: (by way of) anclllary proceedings (Tom West III'd dictionary, as reviewed in a magazine by Yours Truly about 15 years ago).

Better in this context to avoid 'ancillary relief' as invariably refers in the UK to maintenance and financial provision. Disposal is of a claim or application, rather than of a hearing and a 'disposal hearing' in England & Wales, oddly, is to do with payment of costs by instalments.

[...] 40/94, devuelva el asunto a la Sala de Recurso de la
OAMI para que ésta fije un plazo para evacuar el trámite de audiencia, y
oami.europa.eu

[...] it back to the OHIM Board of Appeal for it to set
a time-limit within which the parties may present their comments; and


    Reference: http://eng.proz.com/kudoz/spanish-to-english/law-general/992...
    Reference: http://www.linguee.com/spanish-english/translation/trámite+d...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 574
Grading comment
Thank you. Your explanation was really helpful.

Peer comments on this answer (and responses from the answerer)
agree  Robert Carter: That works for me.
2 hrs
  -> Thanks for the tip. Syntactically, the evacuar must be missing el trámite de
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