In most countries, including the United States, court proceedings are held in the language prevalent in the country or the specific jurisdiction. According to the Hague Service Convention, Article 5(3): “If the document is to be served under (Article 5), the Central Authority may require the document to be written in, or translated into, the official language or one of the official languages of the State addressed.” In the United States, most court proceedings are held in English, and translated evidentiary documentation must be in English.
Of course, to achieve clear communication and understanding in our court system, that means that verbal language and written documentation must be interpreted and translated accordingly.
The United States Court of Appeals for the First Circuit declared, “It is clear, to the point of perfect transparency, that federal court proceedings must be conducted in English” (United States v. Diaz). The First Circuit also reported that this requirement includes an obligation for litigants to translate all foreign language documents into English. According to United States v. Contreras Palacios, “The submission of foreign-language documents unaccompanied by English translations is error and in ordinary circumstances would bar those documents from consideration by the court.”
In other words, all documents to be considered in a U.S. court need to be presented in English. If the source language is something other than English, then the original version should accompany the translated version, often with a certificate of translation.
But who pays for the cost of evidentiary translations?
Unfortunately, while both interpretation (verbal) and translation (written) involve converting communication from a source language to a target language, the laws are written extensively for interpretation needs but not as clear for translation.
While the law demands documents to be translated, few rules are in place to explain the requirements’ logistics. Rule 34 of the Federal Rules of Civil Procedure encompass document production and indicate that the requesting party bears the burden of the costs to produce the document, including translation. On the other hand, Rule 33 says that the party responding to an interrogatory by producing documents in a foreign language is responsible for translating those documents into English. Side by side, these rules seem to suggest that the determining factor of who is responsible for paying for the translation depends on how the document is requested.
To further complicate matters, Title 28, U.S. Code Section 1920 indicates that compensation for “interpreters” is a cost a judge can award to the prevailing party of a case. While translation is different from interpretation, many people feel they should be treated in the same way. For example, historically, some courts felt judges could award translation costs when the translations were required for litigation. However, when the U.S. Supreme Court reviewed the Taniguchi v. Kan Pacific Saipan Ltd case, it reversed one such decision in a 6-3 vote and reported that “compensation of interpreters” in Section 1920(6) does not include costs of document translation.
Don’t scrimp on services to try to save a dime.
As a result of unclear responsibilities, it may be tempting for each party to keep translation costs to a minimum by seeking low-cost translation options. However, the price for doing so can be quite damaging. Qualified legal translators must go beyond language fluency to understand cultural, linguistic, and philosophical differences in legal terminology and practices in the source and target languages. Simply converting the words from the source language to what initially seems to make sense in the target language without the proper expertise can lead to misunderstandings and gaps that can destroy a client’s case.
Where should you obtain qualified, accurate legal translations?
The Perfect Translation uses teams of language experts who have professional experience in the legal topics you’re dealing with–from patents to contracts, disclosures, and advertising materials. We will ensure all the documents you need to present to the court for your case are accurately translated and include certifications required by law. Don’t leave your essential translation work to computerized bots or generalized linguists. Contact us today for a free quote and learn more about what makes The Perfect Translation the best place to get accurate legal translations.
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