Wit/Interpreter depo formatting...help!

[Diane Hickman]

Scenario: depo, one witness (in pro per), one lawyer, one interpreter.
Witness periodically answers her own questions posed by lawyer. Example:

BY MR. JONES:
Q How are you today?
A I am fine.
Q Where do you live?
THE WITNESS: I live in Los Angeles.
Q Do you want to use the interpreter today?
THE INTERPRETER: I don't understand. Please repeat.
Q Do you feel comfortable using an interpreter?
A Yes, I do.
THE WITNESS: He is fine, but I'm understanding a little bit of what you are saying.
Q That is fine. Feel free to answer whenever you can.
A I will use him when I need to.

The witness switched back and forth using the interpreter. Do I have a handle on this situation using the above format, or does anybody have a suggestion on formatting? I didn't feel it was necessary to use the BY Line for each time the lawyer spoke after the switch since there was only one in the depo. PLEASE ADVISE (help)...thanks.

[tlwheels]

I mostly do court work and, yes, it's incredibly frustrating to have a witness who needs an interpreter and then decides sometimes they don't. I use the method Kyung described just because I think it makes it the most readable.

[Dorothy]

I use something similar to Stacy's format. When the Witness speaks, I use colloquy (THE WITNESS: (In English) . When the witness answers through the interpreter, it's in Q and A. When the interpreter speaks for something other than interpreting the witness' answer, it's also in colloquy.
I know, it's a mess. It's even more fun when the attorneys start asking one- or two-word questions in Spanish (which we get a lot of here in Tx.)

[Diane Hickman]

your blurb is a good idea, and I will suggest using it when I call my agency, that's if they don't have a format already.

[Stacy Tegner]

I used to get so frustrated and crazy on how to set up interpreter depos. Then someone gave me this blurb that I now put in my transcript right before the examination begins and after the oath:
(NOTE: Unless followed by "(In English)," all "A." and "THE WITNESS" designations are responses by the witness through the interpreter.)
So I only use the (In English) when the wit. answers w/out the interp., otherwise it's the A. and THE WITNESS ~ I don't use the (through interp) anymore. And then I use Kyung's format with identifying the interpreter in colloquy when he/she is speaking for him/herself.
What's really fun is when you get an interp. who starts saying "He hurts on his leg" ~ arghh!!

[Diane Hickman]

Arielle, thanks. I appreciate your help and recommendations.

[S. Arielle]

Your format is great -- that's the way I would do it.

[Diane Hickman]

this really was a mess, but thankfully I had a sign for the interpreter, so when he did speak up, I put it on the record. When the witness spoke at length, he would flip through his newspaper. From now on I will set the rules for speaking at the beginning to avoid this mess again. This was my first time experience with this type of scenario. Hopefully, it will be my last.

[Kyung]

If they are not going to listen to you at the beginning with your "vast" amount of experience regarding interpreted depos, then they deserve a "padded" transcript.

But I really don't think you're padding. You're making sure that this garbled transcript is as clear as possible as to who said what. Sometimes it's difficult w/interpreters to tell if they're speaking for themselves or the witness. Also, if they don't consistently interpret everything bec. they've gotten into the habit of the witness randomly answering in English makes your job that much more difficult.

I mean I've had witnesses who's English answers were so bad you had to listen to the interpreter "re-interpret" their English.

[Diane Hickman]

ah-h-h-h!!!! Kyoung, I totally agree with your last example with the BY MR. JONES: setup. I really felt this setup is correct, but I didn't want to "pad" my transcript. However, in keeping with my training, whenever there is a speaker interruption, that is the transcript formatting rule. The lawyer was young and I did speak up during the depo to tell the witness how to respond, but in the future at the beginning I will DEFINITELY tell the parties how to conduct themselves with a interpreter. What a mess! Geesh. Thank you for responding.
diane

[Kyung]

For future reference, if there is an interpreter, I always tell the attorney the interpreter will be used throughout or not at all. Switching back and forth makes for a very confused transcript.

This is what I usually end up doing.

By Mr. So-and-so
Q What is your name?
A (In English) My name is Maria.
(Through interpreter) My name is Maria.
Q Do you need an interpreter?
A Yes.
Q We will be using the interpreter at all times then. Do you understand?
A (In English) No.
Q Do you understand that you can use the interpreter?
A (Through interpreter) No, I don't understand what you are saying.

This covers many different scenarios. The first question, the witness answers in English and the interpreter also "interprets" the answer. This is good bec. sometimes when the witness is switching back and forth, the interpreter does not "interpret" the witness's answer or does not say it exactly the same way the witness says it.

The second question, the witness answers through the interpeter. I don't put through interpreter again because the previous answer was through the interpreter. If the witness then continues to use the interpreter for the rest of the depo, you're good.

The third question, the witness answers in English and the interpreter doesn't "interpret" the answer.

Fourth question, the witness goes back to answering through the interpreter again.

The way you currently have it, it looks like the interpreter is saying I don't understand when really I think you mean the witness is saying she doesn't understand. If it really is the interpreter who is not understanding, that would be fine. But then the attorney needs to go back into speaker set up. So here are the two different ways you could do it.

BY MR. JONES:
Q How are you today?
A I am fine.
Q Where do you live?
A (In English) I live in Los Angeles.
Q Do you want to use the interpreter today?
A (Through interpreter) I don't understand. Please repeat.
Q Do you feel comfortable using the interpreter?

BY MR. JONES:
Q How are you today?
A I am fine.
Q Where do you live?
A (in English) I live in Los Angeles.
Q Do you want to use the interpreter today?
THE INTERPRETER: I don't understand. Please repeat.
BY MR. JONES:
Q Do you feel comfortable using and interpreter?

You may think this is a pain, but pages, pages.

Hopefully the witness doesn't decide to cross-examine herself at the end of the depo.

Good luck.