A legal deposition is a process in which prosecuting attorneys and defense attorneys ask witnesses questions to be used at trial. These witnesses will generally not be able to be present at the trial itself, so their testimony is collected beforehand and used in written form as sworn evidence. A court reporter is present to faithfully transcribe all written statements verbatim.
In cases involving witnesses with limited English proficiency, it is important that a legal interpreter is also present to ensure equal access to witnesses’ questions and responses. The legal interpreter will take an oath to make the most faithful interpretation possible, and will then interpret the attorneys’ and witness or witnesses’ statements using direct speech. If the attorney asks, “Did you see someone run from the scene?” The interpreter would not say to the witness, “He’s asking if you saw someone run from the scene,” because court records must be accurate, and such indirect speech would not accurately reflect what was actually said. In addition, such modifications in speech or reinterpretations could potentially influence the outcome of the trial by changing the tone or style of sworn statements, and any miscommunication, no matter how slight, could cause deposition evidence to be thrown out at trial. For the court interpreter, this would be a violation of his oath to make the most faithful interpretation possible.
Although depositions use familiar language, for the most part, court interpreters should ensure they are prepared for the deposition by asking ahead of time about any specialized vocabulary which may be used so they have an opportunity to study the vocabulary and its context. Such specialized vocabulary may involve depositions concerning criminal activity with advanced computer technology or concepts, or highly specialized scientific vocabulary. Interpreters should also ensure they arrive early to the deposition, and should communicate with the witness or witnesses involved to make sure they understand what time they should arrive as well. Since a deposition is not a race, an interpreter should feel free to ask for clarification when needed, but the interpreter should also be fully capable of interpreting familiar vocabulary. It is critical that the interpreter ask for clarification when needed, because his interpretation will be used as legal evidence in a court of law. Finally, the court interpreter should be prepared to answer the witness or witnesses’ questions about the deposition process in general. The witness with limited English proficiency may not understand the purpose of a deposition, and it is important that the interpreter clarify the purpose of the deposition, much as the English speaking attorney would do for witnesses in the same situation.
If you work as a legal interpreter, what do you enjoy most about the process?
