Court Interpreters And Oaths
Copyright (c) 2014 Mark Shapiro
What do you do if you are suing someone to get a judgment, or perhaps during your post-judgment debtor or third-party examination; your opposite party asserts they do not speak English well or at all, and they have a (often court-appointed) interpreter representing them.
One of many judgment articles: I am a Judgment Broker, not an attorney. This article is my opinion based on my experiences, please consult with an attorney when you require legal advice.
Use of translators at courts is not uncommon. Some translators are certified and some others aren't. Some courts mandate that translators that are not certified swear in, but let certified translators skip being sworn in. When you think there might be funny business (as an example, for every word you speak, the interpreter speaks 25 words to the other party), have the interpreter sworn in anyway.
Certain lawyers and judgment enforcers, try to get a sworn declaration from the interpreter that they declare to interpret correctly, word for word, and also not to inject any opinions or suggestions. A court reporter should have the oath handy, and so should the court clerk. Court reporters often swear the court translators in, before the proceedings start. Different states have different oaths:
Within the state of Texas, a court reporter would tell the interpreter "Do you solemnly swear or affirm that the interpretation you will give in this deposition will be from English to (another language) and from (another language) to English to the best of your ability?".
Within the state ofTennessee, the oath is: "Do you solemnly swear or affirm that you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law and the Rules of Ethics for Spoken Foreign Language Interpreters in Tennessee Courts; that you will follow all official guidelines established by this court for legal interpreting or translating, and discharge all of the solemn duties and obligations of legal interpretation and translation?".
In Florida, the oath is: "Do you solemnly swear or affirm that you will make a true interpretation to the witness of all questions or statements made to [him][her] in a language which that person understands, and interpret the witness's statements into the English language, to the best of your abilities, so help you God?".
There's court translator companies that you can hire to provide translators. There are web sites for court translators, and you may save a lot of money by shopping around for the ones which offer service to courts in your county.
Each state has its own laws on court interpreters. Within California, interpreters are covered with Evidence Code sections 750-755.5. Sometimes, judges will challenge the court interpreter if they use a lot more words than they were told. Sometimes it cannot be helped as some languages such as Vietnamese, often use many words for each English word.
About the Author
Mark D. Shapiro - Judgment Referral Expert - http://www.JudgmentBuy.com - where Judgments get Recovered.
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