Keeping Up With the Warp Speed Witness

12512317_1666237360285094_2805551571254001401_nListening to anyone speaking fast in a sworn proceeding is more of an event of animated questioning for most participants at the trial or deposition.

Unless you are the interpreter or the court reporter.

Court interpreters are sworn to transmit the question and the response word for word, accurately and completely. So we develop listening, note taking and responsiveness analysis skills. Here are a few tips on identifying and rendering the complete and identical sounding statement of the warp speed speaker in compliance with  your oath.

The attorney and the witness have a higher probability to speak super quickly during a Q&A process. In trial, Judges pick up speed while reading out loud the  written instructions or the charge to the jury. Almost everyone speaks faster than normal when reading written evidence into the record.

TIP: Ask for a copy of the document to sight translate simultaneously, in trial if there is no screen displaying the document or during a deposition .

The attorney will respond quickly to  evidence mentioned by a witness that is uniquely  positive or negative impact on their case. If positive, they will want the witness to stay on that topic so they will quickly add related questions. If negative,  they will want the witness to go no further on that topic and they will change the topic altogether.  In both situations they will accentuate the words in tone and volume that pertain to their chosen emphasized topic.

TIP: In your taking, jot down the accentuated words, since they will possibly be repeated by the questioning attorney for whom that is a valuable topic. And if one side wants the subject matter changed, the opposing counsel may zero in on that subject during cross.

Witnesses launch into hurried responses when triggered by something they feel strongly about. Their attorney may want that emotion displayed for the jury or on the deposition record, so we interpreters need to perfect our skills as much as possible before resorting to asking for intervention from the judge (or the questioning attorney (deposition).

Some triggers are obvious in the pointed, aggressive wording of the question, others are unknown to the interpreter.

TIP:  We ignore the impact of the  question or the response and focus on the content.

An animated emotional response has  peaks of loudness, words that are run together, repeated points and sometimes stammering if  the witness is flustered. We are supposed to render the same tone and style of the speaker in our interpretation.

TIP: Take notes while the witness responds to allow the witness to respond completely without interruption. Speed up your note taking with symbols and abbreviations.

TIP: Circle the loud words or phrases. ( I reserve underlining for topics frequently repeated in a question.)

TIP: Separate the words that were run together when spoken or you won’t be able to read your own notes. But encapsulate from end to end them with an underlining arrow or brackets to remind you to render them in a run together fashion.

TIP: Number the repeated points and the words that are stammered so that you repeat them just as many times as they were originally spoken. For example   He turned left⁴

Have an evacuation plan. Know your limits by shadowing with a recorded lecture or television audio. Be prepared to notify the Judge, on the record and  in the third person, that the witness is speaking too fast and is impeding your ability to render an accurate interpretation. Normally the Judge will advise the witness to slow down. Frankly, this instruction rarely sticks. If necessary, tell the Judge  that you respectfully request that the witness be asked to break up their response into 3 or four sentences at a time.

TIP : Remember if you or the attorney interrupts the witness, that you have to interpret every word spoken  for the record, even if it is an incomplete sentence.

 

The Document Translation Gold Mine for the Court Interpreter.

A lot of us claim to be translators or interpreters but not both. For many years I too, only claimed to be a court interpreter and I would only accept in person assignments for legal or law enforcement proceedings. Then I discovered the treasures that translating legal documentation provided.
FtBCtyjailScanThe fact is the terminology that stumps us the most is legalese. Not the rantings of an emotional witness but terms like: “The Plaintiff prays” and “Requests for Admissions “and “General Denial”. The most abundant source of this is the continuous stream of legal documents produced in the discovery phase of the civil lawsuit. Most of my colleagues consider the pre deposition, pretrial phase as a lawyer’s only domain so they don’t even investigate what happens before we step in, when the parties face each other. I believe the best preparation is knowing as much as possible about what happened before I step in and what is expected to happen afterwards. So I studied these phases from the attorney’s point of view and I discovered all the words that had ever stymied me. Since then I have never been even delayed in providing an accurate translation of those terms.
I incorporated these assets into a continuing education course I developed on civil discovery for licensed court interpreters and translators in Texas. From the start to when the class finished, comments like “That’s what that means”, or “That’s what they are talking about” echoed around the room.
Whether in court or a deposition, we can be handed such documents, as exhibits, and asked to sight translate them. So, studying samples first is key to seamless sight translation. In depositions, questions may contain phrasings taken directly from these standard forms but the interpreter may not be handed a document to refer to. Recognizing the document title, the interpreter can then know the terms associated with that document and their meanings and usage. Documents such as Plaintiff’s Original Petition, Original Set of Interrogatories and Verification of Employment can show the foundation for the questions and objections we hear and must be familiar with.
Then I made another amazing discovery of my own. I volunteer at the Harris County District Clerk’s Historical Documents room at the civil courthouse. This room houses court records dating back to the 1700s; through the period Texas was a part of Mexico, then a Republic and then after joining the United States as the 28th state of the Union. I index and transcribe evidence and court transcripts, the earliest written in quill pen. Some, originally written in Spanish, were translated over 180 years ago. Our court system has followed the same processes with the same legalese for centuries. I found Plaintiff’s Original Petitions, Charges to the Jury and Summons as old as the Republic of Texas. They contain the exact same phrasings of those used today.
So, try translating legal procedural documents. Study and practice with them. Your interpreting skills will grow and your performance will shine.

Handing the Witness Something He can’t Possibly Read

Mayan HirogliphicsA deposition in a contract dispute is going smoothly. A certified court interpreter is interpreting the questions asked by the attorneys and the responses given by the witness. The questioning attorney has a document marked as an exhibit and hands it to the witness, asking him to verify what it is. The witness looks puzzled. The contract, all 15 pages, is in English. The witness states that he cannot read English and he is unable to read the exhibit. The witness’s attorney sits silent and unaccommodating.  The solution to this potential confusion and delay is sitting right there at the table.

Professional court interpreters are able to read out loud documents that are written in English into the witness’s language. This is called sight translation and it is included in our scope of practice. We are trained to know and understand legal terms, specialized industrial, commercial and discovery material terminology and the correct translations for such terminology in the written form, just as we are trained in the spoken form. We read the document out loud at a smooth uninterrupted pace. Sight translation is part of the licensed court interpreter’s job. But we can’t offer to assist one side or the other during the questioning process, whether a trial or deposition; it is up to the attorneys to know to ask us to perform this function.

While on the record, state that you are requesting that the interpreter sight translate, to the witness, the marked document, specifying the passage or section. For example state “The third paragraph on page three. Or, “The second sentence of the first paragraph starting with “In the event of “and ending with “notify your supervisor”. This allows the section or document sight translated to be correctly indicated in the record.

When the section has been sight translated, the interpreter should state in English for the record, “The specified section has been sight translated to the witness.” The attorney can then ask the witness if they understood what was read to them or simply follow up with the question.

Most short passages from legal or standard commercial documents are easily sight translated. In a courtroom setting provide the interpreter with a copy of the document to be sight translated long enough before they take the stand so they can quickly review it for needed term translation.

If the text is specialized terminology, do yourself and the interpreter a favor and advise them of the subject matter prior to the deposition. At examinations under oath, when you introduce the document to be marked, show it to the interpreter to review in case they need to look up terminology.

I have sight translated Subpoena Duces Tecums, Requests for Production, notices, contracts, agreements, applications for employment, accident reports, warning labels, safety manuals, ship’s log books, product use instructions, prescription labels, letters, bank statements, ingredient lists for natural remedies and deposition transcripts. With the exception of poetry, any document that the rules allow to be handed to the witness being questioned can be accurately sight translated. This is just another way the language barrier is removed allowing due process to continue unrestrained.