Legal Definitions - interpreted testimony

Interpreted testimony refers to statements made by a witness in a legal proceeding that are translated orally or through sign language by a qualified interpreter. This process is necessary when a witness does not speak the primary language of the court, the attorneys, or other parties involved, ensuring that their evidence can be accurately understood and recorded.

The interpreter acts as a neutral conduit, faithfully conveying the witness's words or signs into the language of the court, and vice-versa, allowing the testimony to become part of the official legal record. This ensures fairness and due process for all participants, regardless of their native language or communication method.

• Example 1: During a criminal trial for assault, the prosecution calls a key eyewitness who was present at the scene. This witness, a recent immigrant, only speaks Mandarin Chinese. To ensure the jury, judge, and attorneys understand her account, a court-appointed Mandarin-English interpreter translates her answers to questions in real-time. The witness speaks in Mandarin, the interpreter translates into English, and the English translation is what is officially recorded as her testimony.

  This illustrates interpreted testimony because the witness's statements are being conveyed to the court through a language interpreter, making her account accessible to all parties who do not understand Mandarin.

• Example 2: In a civil lawsuit concerning a workplace injury, one of the plaintiffs, who is deaf, needs to give a deposition. The attorneys conducting the deposition speak English. A certified American Sign Language (ASL) interpreter is present. As the attorneys ask questions in English, the interpreter signs them to the plaintiff. The plaintiff responds in ASL, and the interpreter then voices those signs in English for the attorneys and the court reporter.

  This is an example of interpreted testimony because the plaintiff's statements are being translated from ASL into spoken English by an interpreter, allowing their evidence to be understood and recorded in the legal proceeding.

• Example 3: In an international arbitration hearing regarding a dispute between a French software company and an American client, a crucial technical expert from the French company needs to provide evidence. The arbitration proceedings are being conducted primarily in English. A certified French-English interpreter is present to translate the expert's responses to questions from the arbitrators and legal counsel. The expert speaks in French, and the interpreter provides the English equivalent, which is then recorded.

  Here, the expert's evidence is considered interpreted testimony because it is delivered through an interpreter, bridging the language barrier between the witness and the English-speaking arbitration panel and lawyers.