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I have not done a transcript with an interpreter in a long time. I know people have discussed this on here but can't remember what people said. I have the situation where there is an interpreter. The witness understands some English so he is answering in English sometimes. How do you format this?
Q Were you hit by a car?
A (The Interpreter) Yes.
Q Were you hit by a car?
THE INTERPRETER: Yes.
I'm kind of leaning towards Example 2.
That's kind of a pain to edit when the do that. If they both said "yes" as an answer, you can do it like you did, the witness's answer than the interpreter in colloquy. Or you can just put A. Yes. If something more involved is said, then you might have to put both the witness's answer and the interpreter's answer if they say different things. It's sort of a judgment call.
Now, if it was a video, you have to put everything as said.
It's always a nightmare when the witness breaks into English. I don't permit it in my deps ... I instruct counsel that ALL answers must come from the interpreter, even if they have to repeat English. Actually, that's quite telling in some cases, because they do not even repeat the English correctly. But that's the answer, not what the witness says.
Geez, Mary Ann,
How can you "not permit it"? It happens.
Just like when we ask them not to talk at the same time, it happens.
I find when I am strict about things or complain the attorneys get irritated. I will ask them once but then I make the record how it happens.
Mary Ann, are you saying that if a witness gives an entire sentence in English that you do not take it down, you wait for the interpreter to translate?
This is how I do it.
Q. Where you hit by a car?
A. (In English) Yes.
(Through Interpreter) Yes.
I do it as Rosalie. Define a stroke for (In English) and it's not so hard really.
I guess I should proof before I post...Q. (Were) you hit by a car?
I hate it when I make a typo on here!!! LOL
I'd like to handle the interpreted and non-interpreted answers in line with a technique developed by the original Philadelphia Clinc.
As I recall, the Philadelphia Clinic recommended an answer symbol followed by an asterisk A* for the answers of the witness through the interpreter.
Then the Philadelphia Clinic would have a footer on every page as follows:
A* Answer of the witness through the interpreter.
I might follow up on the Philadelphia Clinic one step further and have an A for the answer of the witness in English and have a double footer at the bottom of the page.
A* Answer of the wiktness through interpreter. A alone is answer of the witness in English.
Just some thoughts. It's a personal call on personal preference.
Interesting, Bill. I have a parentheical before the examination starts as follows:
(All answers were through the interpreter unless indicated "In English.")
I do it the way Rosalie does it too, including the parenthetical at the beginning. That's the way I was taught to do it at the very first firm I worked for after graduation. I only put THE INTERPRETER when the interpreter is speaking for him/herself and not for the witness. If the interpreter needs clarification on something or the question repeated, then I put him/her in colloquy.
Does anyone have a good steno stroke to include the parentheticals "in English" and "through interpreter" when the circumstances call for such indication? I have never come up with a stroke for that and I always have to do it manually in the edit. I really hate taking interpreted depos for that very reason. It sure would be nice to have a one-stroker for those instances.