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What to do if an interpreter is present, but the witness wants to “try” to not use the interpreter?

  

interpreter at a veritext deposition with a digital reporter

Q: What do I do if an interpreter is present, but the witness wants to try to not use the interpreter?

A: Knowing that it is YOUR job to provide that clear, concise, and accurate record, you would be wise to let them know the advantages of relying on the interpreter.

By Judy Stevens, RPR, CMRS, CPE


We all know there are times when an interpreter is essential to making a clear, concise and accurate record, which, ultimately, is our main job.  If Counsel on your assignment were astute enough to order an interpreter, they must have realized the necessity for those services based on their knowledge of the deponent.

What if, however, as everyone is getting settled into the deposition room, the deponent, in fairly broken English, announces that he’d like to “try” to proceed without using the interpreter?  And probably, rather than speaking up, both attorneys will turn to you for your response to that request.  Knowing that it is YOUR job to provide that clear, concise, and accurate record, you would be wise to let them know the advantages of relying on the interpreter, such as:

  • Everyone in the room must be able to completely understand the questions asked and the answers given.

  • Everyone reading the final transcript must also be able to clearly understand the questions and the answers. This would include judges and clerks who will ultimately be relying on that transcript for making decisions and issuing orders in the case.

  • I (as the reporter) can only take down answers in English. Even if you (the deponent) throw in a word in another language because you don’t know the English word, I will need to stop the proceedings for clarification, which further slows down the proceedings and interrupts the flow of the record.

  • Most laypeople are not intimately familiar with legal terminology that could be used in deposition proceedings. An interpreter would be keenly familiar with the legal terms and be able to accurately convey them in your language.  Without that interpretation, you may not actually be answering the exact question asked.
  • Please remember that the interpreter was hired to help you so this process proceeds as easily, comfortably, and expeditiously as possible for you.


My guess is the attorneys will agree wholeheartedly with your explanation and will then continue with the use of the interpreter. To further ensure a clear record, I would also admonish the interpreter, especially if you don’t know them and their experience, to please speak throughout the proceedings in first person. Let him/her know that you will also interrupt them if the record is beginning to be confusing because they’re saying, He said … or She said… at the beginning of the answers.  If they are qualified, certified interpreters, this reminder won’t even be necessary, but it never hurts.  It also shows the attorneys how very record-conscious you are.  They will appreciate your attention to detail.  It’s also a small reminder to them to ask their questions in first person and not begin with, as an example, “Ask him his date of birth.”

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#tipsandtricks

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