Glossary entry

German term or phrase:

Bestellungsschriftsatz

English translation:

Documents proving appointment and authorisation/appointment letter

Added to glossary by Natalie
Dec 20, 2001 15:11
22 yrs ago
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German term

Bestellungsschriftsatz

German to English Law/Patents
As in "Seinen Bestellungsschriftsatz haben wir nicht erhalten bis zur Stunde".

Other helpful tidbits:
The "Bestellungsschriftsatz" is from the defense in a civil case in a "Landesgreicht" in Germany.

An ancillary question would be, what exactly is a "Schriftsatz", sans Bestellungs?

Proposed translations

24 mins
Selected

Documents proving appointment and authorisation/appointment letter

It seems to refer to documents authorising a person to undertake certain official actions (i.e. representing another person at the court, acting on behalf of a company etc.). In this case "Bestellung" would have the meaning of "appointment" or "authorisation", not "order" (as it is used with regard to, i.e. commodities that you order for purchase.
"Schriftsatz" would than mean just "document" or "appointment letter"/appointment confirmation".
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3 KudoZ points awarded for this answer. Comment: "Sounds good to me. Thank you. "
28 mins

pleading, etc.

pleading, declaration, communication, application, statement of written observations
All from Eurodicautom for Schriftsatz

I think (but I do not have the dictionaries at hand) that Bestellen was to summon someone to appear in court.
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1 hr

(formal) written entry of appearance

Hi, Kevin:

A "Bestellungsschriftsatz" is a formal writing by an attorney, addressed to the court in a particular court case, stating that this attorney will represent the particular party in that proceeding. The proper U.S.-English term is "written entry of appearance" or "formal written entry of appearance.

An attorney can also enter his/her appearance by filing a written "pleading".

The term "Schriftsatz" refers to any writing submitted in a German court case by an attorney on behalf of a party. U.S. law distinguishes between different terms: A "Schriftsatz" can be a "pleading" (this term is limited by definition of the Federal Rules of Civil Procedure and State procedure rules to: a complaint, an answer, a reply to a counterclaim, an answer to a cross-claim, a third party complaint, and a third party answer);

a "Schriftsatz" can also be a "brief" which is a written statement prepared by the counsel arguing a case in court, or specifically a "trial brief" or an "appellate brief";

or it could be a "memorandum" in support of a "motion", etc.

FYI: I took the definitions from Black's Law Dictionary; I am familiar with the German terms because of my German lawyering background.
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