英美法术语之General Appearance和Special Appearance

0 人赞同了该文章

Appearance一词在法律语境中可表示“出庭”。如:the defendant's appearance in court 被告出庭。

Appearance:an act of appearing in public, especially as a performer, politician, etc., or in court。


General Appearance:一般出庭,指出庭当事人承认法院的司法管辖权,并接受法院所有的裁决。

General Appearance:A court appearance by which a party submits to the jurisdiction of the court esp.by asking for any relief other than a ruling that the court has no jurisdiction over the appearing party


Special Appearance:特别出庭,是指当事人出庭的唯一目的只是为弄清法院是否对自己有属人管辖权。

Special Appearance:An appearance by a party in court for the sole purpose of challenging the courts assertion of personal jurisdiction over the party


根据美国《联邦民事诉讼规程》以及凡是采用了该规程之州的规定, Special Appearance 和 General Appearance已经被废除,故凡联邦法院和有关州的法院均不再使用这两种出庭方式, 当事人有关管辖权限问题的异议可在诉辩状或审判前的动议中提出。


参考双语例句:

In view of the simultaneous need to control travel-related costs and continue to satisfy orders of the Dispute Tribunal for personal appearance, the General Assembly may wish to support the increased use of alternative means for giving testimony, such as increased use of videoconferencing facilities

鉴于既需要控制旅行相关费用,又要继续满足争议法庭要求亲自出庭的命令,大会不妨支持更多地使用作证的替代方式,例如增加使用视频会议设施。

Although the Department of Homeland Security generally may detain non-citizens to ensure their appearance during the pendency of their immigration proceedings, in many instances non-citizens need not be physically detained by the Department throughout those proceedings (see INA § 236(a)).

尽管国土安全部一般可为确保非公民在移民诉讼程序期间出庭而拘留非公民,但在许多情况下,国土安全部在这些程序中无需实际拘留非公民(见《移民归化法》第236(a)条)。

Detention is the exception, which may be justified in the concrete circumstances of a case (a) to ensure a person’s appearance at trial whenever there is a serious danger that he or she may abscond; (b) to prevent him or her from obstructing or endangering the investigation or the court proceedings; or (c) to prevent a repetition of the kind of conduct of which he or she is suspected.

羁押是例外,只有在某个案件的具体情况下为确保某人在审判时到庭但存在如下严重危险时才有理由采用:(a)此人可能潜逃;(b)为防止此人阻碍或危及调查或法庭诉讼;或(c)为阻止此人涉嫌犯下的那种行为再次发生。

Whereas, under the prior system, appeal proceedings were largely based on written submissions and did not include the examination of witnesses, the new system requires the appearance of Legal Officers at numerous hearings before the judges, which involves many hours of preparation prior to each hearing, including the time taken to prepare witnesses.

在以前的制度下,上诉程序主要是基于书面提交的材料,并没有包括对证人的讯问,而新制度则需要法律干事出席法官主持的多次听证,每次需要提前几个小时准备,包括为证人做准备的时间。 

发布于 2023-05-02 22:43:53
还没有评论
    旗渡客服