Translation For Lawyers

It is well established that a foreign language recording is an admissible form of evidence. It is also well established that an English translation/ interpretation transcript of the foreign language recording may be introduced as substantive evidence in order to aid the jury in understanding the recording. However, a relatively recent development in the law is whether or not an English translation/ interpretation transcript of a foreign language recording can be admitted even when the foreign language recording is not.

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The majority of out-of-court statements made by another person are hearsay and therefore inadmissible as evidence. However, numerous exceptions to the hearsay rule exist. One of these exceptions is the Excited Utterance.

An excited utterance is an out-of-court statement relating to a startling event, made while under the stress of the excitement from the event or before the declarant has time to reflect upon the event. (F.R.E. 803(2).

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When taped-recorded conversations in a foreign language are part of the evidence, an English translation of the foreign language tape recording - referred to as the official English translation/ interpretation transcript- is typically presented at trial.

When an appeal is based on a claim of improper admittance of a foreign language recording during trial, the proper standard of appellate review is for an abuse of discretion.

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Often times foreign language documentary evidence will contain slang terms that lack an exact interpretation. When this situation arises, the court will begin by asking the parties to stipulate to an accurate translation. If the parties are unable to reach a stipulation, the court will require each party to submit its own version of the translated document during trial.

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Under U.S. product liability law, significant liability can result "if a manufacturer or product seller fails to adequately communicate appropriate safety information to purchasers and users of its products".

But is a manufacturer or product seller obligated to provide technical translation of product warnings into languages other than English?

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A foreign language interpreter must be established as an expert before acting as an interpreter in a court proceeding. In general, the Rules of Evidence define an expert as anyone with "specialized knowledge (that) will assist the trier of fact to understand the evidence or to determine a fact in issue".

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Whenever a foreign language interpreter is used in a jury trial, it is essential that the jury be instructed on the proper amount of weight to be given to the interpreted foreign-language testimonial evidence. The judge should convey this information to the jury as both pre-trial and post-trial instructions.

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Contrary to popular belief, foreign language interpreters are needed even when the plaintiff, defendant or witness has enough proficiency in a second language (English) to engage in basic conversations. In the courtroom and in cross-cultural depositions, basic language proficiency is just not enough.

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