# Swedish: stämning / kallelse (stämma / kalla)



## Gavril

Documents from Swedish courts sometimes have the headings ”stämning”, “kallelse” and ”stäminng och kallelse”.

Both _stämning_ and _kallelse_ seem to mean (in a legal context) "summons", according to the sources I've checked. But, if they are fully synonymous, then it seems unusual that they would be used interchangeably on the headings of court documents (a context where I would expect the vocabulary to be pretty rigid).

The phrase ”stämning *och* kallelse” also sounds strange if the two words are fully synonymous, though I suppose this could be a fixed phrase that didn't originally sound reundant.

Is there a legal difference between _stämning_ and _kallelse_ (and the related verbs _stämma_ and _kalla_), or are they synonyms? 

Thanks


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## jonquiliser

Kallelse is merely a summons to attend, whereas stämning is specifically when you (or someone) is sued.


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## Segorian

Gavril said:


> Is there a legal difference between _stämning_ and _kallelse_ (and the related verbs _stämma_ and _kalla_), or are they synonyms?



_Stämning_ is a complaint, a bringing of a suit, while _kallelse_ is a summons.

_Stämning och kallelse:_ In English, I believe this is often ‘complaint and summons’.


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## jonquiliser

Or _writ and summons._


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## Segorian

jonquiliser said:


> Or _writ and summons._



Are you sure about that? I am only familiar with the term _writ *of* summons_, which can be either an order to appear in court or a document initiating a lawsuit, but which does not appear to be used very much nowadays.


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## Gavril

Hmm, OK. 

One "Stämning och kallelse" document that I have seen begins with the following text:



> Du stäms till tingsrätten för att svara på åtalet i stämningsansökan [...]
> 
> Du kallas också till huvudförhandling i målet: [...]



Though the verbs are different, both of these sentences sound like directions/commands to come to court for hearings -- i.e., what is normally called a "summons" in English.

Can you clarify why _stämma_ is used in the first sentence and _kalla_ in the second? 

(Based on your answers, it seems that _stämma_ involves "suing" in a way that _kalla_ doesn't, but I'd like to be clearer on the details of this.)

Thanks again


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## Segorian

The way this works is that in order to bring a lawsuit one applies for a complaint to be issued. This is done by submitting a _stämningsansökan_. If the application is accepted the court issues the requested complaint against the defendant. The word for this is that the defendant _stäms_.

The first sentence you quote is an announcement that the complaint has been issued (and does not as such constitute an order to appear in court), while the second summons the defendant (he/she _kallas_) to the court hearing.


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## Gavril

Segorian said:


> The first sentence you quote is an announcement that the complaint has been issued (and does not as such constitute an order to appear in court)



What confuses me is that several sources (e.g. this glossary from the Courts of Sweden's website) translate _stämning_ as "summons" and _stämma_ as "to summon", among other meanings.

This suggests that _stämning_ generally (if not always) implies that a summons has been issued -- even if the _stämning_ itself is not the act of summoning. Is this an accurate view of things?

(Also, if _Du stäms till tingsrätten_ doesn't mean "You are summoned to the District Court", then how would you interpret it? I think it's the preposition _till_ in particular that's confusing me.)


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## Wilma_Sweden

Du stäms till tingsrätten för att svara på åtalet i stämningsansökan : You are notified that legal action has been initiated by the district court, and that you have to respond to the charges brought against you. 


Du kallas också till huvudförhandling i målet: [...] You are also ordered to appear in court for the main hearing (trial).


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