Glossary entry

German term or phrase:

Streitverkündete

English translation:

Third party defendant

    The asker opted for community grading. The question was closed on 2009-11-23 08:54:10 based on peer agreement (or, if there were too few peer comments, asker preference.)
Nov 19, 2009 19:52
14 yrs ago
14 viewers *
German term

Streitverkündete

German to English Law/Patents Law (general)
Mit Schriftsatz xx hat der Beklagte Herrn Hans Schmidt den Streit verkündet mit der Aufforderung, dem Rechtsstreit auf Seiten des Beklagten beizutreten. Mit Schriftsatz xx is **der Streitverkündete** auf Seiten des Beklagten beigetreten.

So far I've only found "person receiving the third-party notice" but I'm hoping there's a much shorter version!

Proposed translations

+1
1 hr
Selected

Third party defendant

In all the legal documents that I ever translated, the term "third party defendant" was used at all times.
Note from asker:
Thanks, Carmen. This certainly seems to be best translation.
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
36 mins

the notified third party

...

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Note added at 1 hr (2009-11-19 21:48:53 GMT)
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I completely agree with Carmen's translation,i.e., that this is a third party defendant. However, since the sentence goes on to say that the third party is joined as a defendant, it would be redundant to say that the third party defendant will be joined as a defendant. Just my opinion... Hope it helps.

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Note added at 3 hrs (2009-11-19 23:49:45 GMT)
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You are welcome. We are all here to help each other out. I'm sure you'll find the phrase that works best. Good luck!!!
Note from asker:
thanks, Erika. It really helps to have several people suggest (more or less) the same translation - makes me feel much more confident! As you say, depends on the rest of the sentence...
Peer comment(s):

agree Kim Metzger
1 hr
Thank you, Kim
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1 hr

third party

"Party notified of the possibility of intervention" is a bit too much of a mouthful. However, on checking what I used in a case of this kind last year, where this term came up a lot, I used this long explanation on the first occasion and thereafter simply wrote "third party", which can also be capitalised. In certain circumstances, I suppose "third party intervener" might fit, but actually this term refers - at least initially - simply to parties who are invited to intervene.

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Note added at 12 hrs (2009-11-20 08:21:17 GMT)
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I would translate the excerpt given above as follows:

With brief dated xxxx, the Defendant Mr. XXXX has notified the dispute, with the request to intervene in the proceedings on behalf of the Defendant. (Alternatively, more precisely "..... with the request that the party notified intervene in the proceedings on behalf of the Defendant.")

With brief dated xxxx, the third party notified of the possibility of intervention intervened (alternatively: "joined in the proceedings") on behalf of the Defendant."

Then, the next time the Streitverkündete is mentioned, perhaps "the said third party".

It would be better, normally, to remove any personal names before posting a question.
Note from asker:
Thanks, Astrid. It certainly seems that it should be either third party defendant or third party or even notified third party, depending on the rest of the sentence.
Thanks again and, by the way, I changed the name to a ficticious one. Can't be too careful!
Peer comment(s):

neutral Erika Nagy, Esq. : these third party actions are referred to, among other types, as impleader or interpleader. Neither of the two involve an invitation to intervene, one forces another defendant to join the action, the other involves a plaintiff who shows up voluntarily
1 hr
I translated proceedings last year which involved multiple "Streitverkündeten", and in that case at least it did mean a party notified of having the opportunity to intervene.
neutral Kim Metzger : Schriftsatz is not "brief" in UK English. See Tom Thumb's comment: http://www.proz.com/kudoz/german_to_english/law_general/2066...
474 days
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Reference comments

2 hrs
Reference:

KudoZ glossary

'third party defendant' or 'person served with a third party notice'

http://forum.dict.cc/?pagenum=5941

third party defendant
http://deu.proz.com/kudoz/english_to_german/law_general/2056...



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Note added at 17 hrs (2009-11-20 13:28:37 GMT)
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Impleader - A procedure in which one party brings a third party into a lawsuit. Usually a defendant initiates the proceeding to show that the third party is liable to the plaintiff. (Compare: interpleader)

http://www.nolo.com/dictionary/impleader-term.html

Intervention
It is an act or procedure of a third party to join the ongoing lawsuit by the permission of the judge who gives such allowance on the basis of the facts provided which indicates that this third party has the same interest as the first ...

http://en.mimi.hu/law/intervention.html
Note from asker:
Thanks a lot - good to know it's a usual term in English - even if it sounds a bit clumsy!
Thanks again for the reference. However, in this case I'm not sure if it's the situation, as the defendant is a company and the "Streitverkündete" is a manager from that company, representing it. Perhaps that's what the definition of "impleader" covers, but I'm not 100% convinced.
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