The Top 5 Deposition Interpreter Rules

  

The United States is a diverse country with many different languages spoken. While many American people are bilingual or multilingual, some residents know little to no English. If they ever get involved in a legal proceeding, they bring a language barrier along with them. You can only conquer this barrier with a deposition interpreter.  

 

Some unique rules and standards must be followed when you use interpreters at depositions. These rules are usually established by the local city and state of where the deposition takes place. A deposition interpreter’s overall responsibility is to provide an accurate interpretation regardless of which words are spoken. All the interpreted statements are entered into official legal records and used as evidence in a court of law.  

 

For this reason, deposition interpreters and attorneys must abide by the general rules of an interpreted deposition. Sometimes there can be actual legal consequences for anyone who fails to do so.  

 

Below are the top 5 deposition interpreter rules. 

 

1) No Changing Words 

 

A deposition interpreter is expected to translate the exact words of verbal or written statements at a deposition. They are not allowed to edit statements or add new information to them.  

 

The interpreter must give an accurate word-for-word interpretation of the languages spoken. They wouldn’t get away with changing the words because both the foreign language and the interpreted English language get recorded. Someone could always review the records and see if any interpreted statements were apparently changed on purpose.   

 

2) Terminology Specialization 

 

A deposition interpreter needs to specialize in interpreting industry-specific terminologies, such as law or medicine. It all depends on the nature of the deposition and the details of the case involved. 

 

For instance, if the deposition relates to a legal proceeding revolving around medical malpractice, then a deposition interpreter with knowledge of medical terminology will be required. If the legal terminology needs to be interpreted, a separate interpreter with these skills might be required. 

 

3) No Over talking or Fast Talking 

 

The deposition interpreter needs time to listen to the person speaking and repeat the interpreted version of their words. No one should talk over the interpreter or interrupt their translation because it will be more difficult for them to do their job correctly. One person should speak at a time, followed by the interpreter’s translation of the words.  

 

Failure to follow this rule might create an inaccurate or incomplete interpretation of all the words spoken. If any person or attorney intentionally spoke over the interpreter, they might face legal consequences or warnings. The interpreter would not be blamed in this type of situation, though.  

 

4) Certified Interpreters Only 

 

An attorney cannot choose just any interpreter to translate words in a deposition. It needs to be a certified interpreter who received their certification from an accredited organisation. An official certification proves the interpreter is knowledgeable in their field because they received the proper education to do the job right.  

 

If you were to use an uncertified interpreter for your deposition, their translations’ validity might face scrutiny in court by the opposing side. Do not let yourself fall into that trap. A certified interpreter is the best way to avoid any disputes about interpretation validity. 

 

5) Respect Ethical Guidelines 

 

Deposition interpreters have to respect specific ethical guidelines of the deposition. For instance, the interpreters must remain unbiased and impartial at all times. There cannot be any conflict of interest whatsoever. Interpreters have the follow the same ethical guidelines as court reporters and stenographers.  

 

Like Languagers, we know Confidentiality is important. Deposition interpreters have an obligation not to discuss what happened at the deposition unless they get permission to do so.   

Basic Deposition Interpreter Rules in united states and NY

The importance of deposition interpreter services in the U.S. in 2020 can’t be underestimated.  

At present, the U.S. is home to 77 million non-native English speakers. The Constitution guarantees all of these people to a fair trial. However, wrongful incarcerations arising due to language barriers are increasingly common.  

 

At Languagers, we help prevent wrongful convictions, by providing on-demand certified court and deposition interpreter services. The only question is, what basic rules should attorneys follow when working with interpreters? 

Deposition Interpreter Rules and General Guidance 

If you are an attorney working with a deposition interpreter for the first time, you might feel a little out of your depth. Thankfully, our court interpreters at Languagers have come up with a few basic guidelines for attorneys, attorney clients, and opposing counsel, for when working with interpreters.  

Avoid Cheap Deposition Interpreter Services 

As a basic rule, attorneys should never hire cheap deposition interpreter whose credentials can’t be independently verified. 

 

Attorneys usually have to cover the cost of hiring deposition interpreters themselves. This can make it tempting to hire the cheapest interpreters available. However, this can also put you at risk of hiring an under-qualified interpreter. 

Always Forward Notices of Deposition to Interpreters    

At Languagers, we take pride in being able to provide deposition interpreters to attorneys all across the U.S., even on short notice. However, as soon as we pair you with a suitable interpreter, you must send them a copy of your notice of deposition. 

 

An interpreter will need this to familiarize themselves with the basic details of depositions, as well as case-specific legal terminology.  

Make Sure to Brief Clients on the Role of an Interpreter 

Before starting work with a deposition interpreter, attorneys must make it clear to their clients that interpreters must remain impartial. 

 

It is normal for people who are unable to communicate in English, to attempt small talk with interpreters. However, during depositions, several basic deposition interpreter rules must be followed. 

• Under no circumstances should attorney clients attempt to have personal conversations with interpreters. 
• Attorney clients should be advised to avoid using humor or colloquialisms when answering deposition questions. 
• Ideally, attorney clients should be asked to speak in short bursts and not talk over interpreters or opposing counsel.
• Attorney clients should be advised to give short, honest, factual answers to questions, not embellish answers with unnecessary details. 
• In every case, it must be made clear to clients that interpreters cannot accept gifts, money, or invitations to meet after depositions are over.   

Most importantly of all, attorney clients should be advised to always answer questions in a way that directly addresses opposing counsel, not deposition interpreters.  

Deposition Interpreter Rules for Opposing Counsel 

After briefing clients on how to interact with interpreters, attorneys should also discuss upcoming depositions with opposing counsel. 

 

Like attorney clients, opposing counsel should be asked not to use humor or colloquialisms, or talk over clients when asking questions. Examining attorneys should also be made aware of any cultural habits clients might have which might imply evasiveness by accident. 

 

In some cultures, it is considered rude not to pause before answering a question. Likewise, there are some words and phrases which have no equivalent in English. Examing attorneys, should, therefore, be asked to be mindful of potential cultural and linguistic differences during depositions. 

Looking for Deposition Interpreter Services in NY or Statewide? 

At Languagers, we provide highly experienced legal interpreters to attorneys and courtrooms all across the United States. In most cases, we can also do so in under 24-hours. 

Do you need to hire an interpreter? If so, contact one of our team now by clicking here.