What do you do if you're suing somebody in order to obtain your judgment, or perhaps during a judgment third-party or debtor exam; your opposite side asserts they don't speak English at all (or well), and they have a (often court-appointed) interpreter representing them.
This is one of my many judgment-related: I'm the Judgment referral expert, not an attorney. This article is only my opinion based on my long term experiences, please hire an attorney when you require legal advice.
The use of court translators at courts isn't uncommon. Sometimes court translators are certified and some others aren't. Certain courts mandate that translators that are not certified swear in, but allow certified translators to skip getting sworn in. When you think there might be funny business (as an example, for each word you speak, their court interpreter speaks twenty-five words to the other party), have the interpreter sworn in.
Certain judgment recovery specialist and attorneys, try to get a sworn declaration from a court interpreter saying that they will interpret correctly, every word, and also will not add their suggestions or opinions. A court reporter will have the oath, and so should your court clerk. Court reporters often swear the court translators in, before the court starts. Each state has varying translator oaths:
Within the state of Texas, a court reporter would tell the interpreter, "Do you solemnly swear or affirm that the interpretation you will give in this deposition will be from English to (another language) and from (another language) to English to the best of your ability?".
Within the state ofTennessee, the oath is: "Do you solemnly swear or affirm that you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law and the Rules of Ethics for Spoken Foreign Language Interpreters in Tennessee Courts; that you will follow all official guidelines established by this court for legal interpreting or translating, and discharge all of the solemn duties and obligations of legal interpretation and translation?".
Within the state of Florida, the oath is: "Do you solemnly swear or affirm that you will make a true interpretation to the witness of all questions or statements made to [him][her] in a language which that person understands, and interpret the witness's statements into the English language, to the best of your abilities, so help you God?".
There's court translator businesses which you can hire for court translators. There's web sites offering translators, and you may save a lot of money when you shop around for the companies which offer service to courts within your county.
Every state has their own laws on interpreters. Within California, interpreters are specified with Evidence Code sections 750-755.5. Occasionally, judges may challenge an court interpreter if they speak many more words than they heard. Often it can't be helped as some languages like Vietnamese, often use many words for every English word.
Mark Shapiro - Judgment Broker - http://www.JudgmentReferral.com - the place Judgments go and are quickly Collected.