when produced
English translation: as they prove to be when produced in evidence at trial
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| 19:44 Jun 24, 2017 |
| English language (monolingual) [PRO] Law/Patents - Law (general) / court affidavit | ||||
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|  Selected response from: Charles Davis Spain Local time: 03:44 | |||
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| 4 +7 | as they prove to be when produced in evidence at trial |
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| Discussion entries: 2 | |
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Answers
11 hrs confidence: 
peer agreement (net): +7
peer agreement (net): +7as they prove to be when produced in evidence at trial Explanation: I believe that "when produced" means "when (they are subsequently) produced (in evidence)", and that the point of this phrase is to guard against the consequences of inadvertent variance or discrepancy between the facts as stated in the affidavit and the facts as they prove to be in the record. See the following in Ireland's District Court (Civil Procedure) Rules 2014: "6 Order to produce documents for inspection 6. (1) The Court may at any time while civil proceedings are pending order the production by any party to the civil proceedings, on oath, of such of the documents in his possession or power, relating to any matter in question in the civil proceedings, as the Court thinks right; and the Court may deal with such documents, when produced, in the manner the Court considers just." http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/5B98B...$FILE/S.I.%20No.%2017%20of%202014%20-%20District%20Court%20(Civil%20Procedure)%20Rules%202014.pdf This, I think, is the sense of "produce". The phrase "when produced" is used a number of times in John Frederick Archbold's classic treatises on evidence, and the point behind it is that when an indictment in a criminal case or an affidavit or declaration in a civil case cites a legal record of proceedings, any discrepancy, however slight, between the facts as stated in the indictment/affidavit etc. and the actual record cited may be fatal to the case being made. Here is Archbold in his Summary of the law relative to pleading and evidence in criminal cases (1822), p. 21: "If an indictment describe a written instrument as purporting to be so and so, the instrument when produced in evidence must appear on the face of it to be what it is described as purporting to be, otherwise the defendant will be acquitted for the variance" https://books.google.es/books?id=duIfAQAAMAAJ&pg=PA60&lpg=PA... More relevant here is Archbold on evidence in civil cases. Here he is in A Digest of the Law Relative to Pleading and Evidence in Civil Actions (2nd ed., 1837): "But where the action is upon a written instrument, the slightest variance as to the names of the parties, in setting it forth in the declaration, and in the instrument itself when produced at the trial, will be fatal. As if a bill drawn by John Crouch, be declared upon as drawn by John Couch, the plaintiff must be nonsuit." https://books.google.es/books?id=kXZjAAAAcAAJ&pg=PA337&lpg=P... Although in the passages cited Archbold says "when produced in evidence" or "at trial", he uses the same expression in many other places on its own, in what is clearly the same sense, to make the same point. So then a simple spelling mistake, or a wrong date, for example, in a declaration can cause a case to fail. Thus the passage we are considering includes the words "when produced" to guard against this danger. It means (I believe) that if there is any discrepancy between the facts as I have stated them and what the record shows when produced in evidence, the latter takes precedence. I refer to the pleadings and proceedings as the record shows them to be, when that record is produced, in respect of any detail that may inadvertently have been wrongly stated in my affidavit. -------------------------------------------------- Note added at 11 hrs (2017-06-25 06:52:33 GMT) -------------------------------------------------- (Incidentally, Archbold was Irish, though he practised in England.) -------------------------------------------------- Note added at 11 hrs (2017-06-25 06:53:38 GMT) -------------------------------------------------- I forgot to say (though I think it is obvious) that "produce" means "present" or "introduce". -------------------------------------------------- Note added at 12 hrs (2017-06-25 07:49:57 GMT) -------------------------------------------------- On your question about why "when" is used, I think it may mean "when they are produced (if they are indeed produced)", since it is apparently not certain that they will be produced; they will be if the court requires them to be. |
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