I know the word preclusion exists in English, and it may be slightly more common in the USA than in the UK. But I always feel worried when I see it and wonder what peculiar technical details may apply to it. It reminds me of German lawyers teaching German law and spending a good half hour on terms like hemmen and unterbrechen (different ways of interrupting a limitation period), when you’re more confused at the end than you were before.

In the same connection, I got the term Einwendungsausschluss, for which you might say Einwendungspräklusion. It refers to the deadline for objections to administrative acts. I found it translated on the Web as preclusion from objection. That just doesn’t work for me – it’s obviously an attempt to create a neat term, but the preposition sounds odd, and preclusion is something I have to look up.

Präklusion to me is time bar
präkludieren to bar
Einwendungsausschluss cut-off period for objections

Another term is statute bar, but in my recent translation there was no statute, just delegated legislation.

All I can find in Black’s (8th ed.) is

preclusion order: An order barring a litigant from presenting or opposing certain claims or defenses for failing to comply with a discovery order.

And Garner’s book on legal English says preclusory is a needless variant of preclusive. Gifis (Barron’s) has preclusion of issue, which is something else too (‘the rendering of a decision that precludes the issue decided from being relitigated’).

If anyone who writes legal English disagrees, let them say so!

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