The Interpreter, the Stricken Answer, and the Rush Draft
In an employment discrimination hearing, the witness testifies in Spanish through a certified interpreter. Asked what her supervisor said, she answers in Spanish; the interpreter renders, “He said, ‘You will be sorry if you complain.’” Opposing counsel objects, moves to strike as hearsay, and the judge says, “Granted. The jury will disregard the answer.” The witness then volunteers, “No, no-fue martes, no lunes,” and the interpreter says, “No, it was Tuesday, not Monday.” Earlier, the witness answered several questions with “you know” and “um”; the hearing is being transcribed for appeal. After the hearing, the winning party’s attorney asks you for a “rough, unproofread draft tonight” so he can prepare a brief, and says he will pay a rush fee. The losing party’s attorney asks you to delete the stricken answer because “the jury was told to disregard it.” You also notice that the interpreter once said “he” when the witness said “she,” but the interpreter corrected herself immediately.
1. How do you transcribe the interpreter’s rendering, the witness’s original Spanish, and the interpreter’s self-correction?
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In a proceeding with a certified interpreter, the official record is the English interpretation; the interpreter is sworn to render accurately. Use a clear speaker label such as “THE INTERPRETER:” for the rendered answer, or “THE WITNESS (through interpreter):” if that is your jurisdiction’s format. Do not independently translate the Spanish. If the witness speaks partly in English, record that portion as “THE WITNESS:”. For the self-correction, record both the initial “he” and the immediate “she,” because both were spoken. Do not silently correct the first pronoun; the correction itself may matter. If the interpreter asks to correct the record, record the request and the corrected statement on the record. If the original Spanish is needed for appeal, a qualified translator must prepare a certified translation; you should not transcribe it from your own knowledge unless you are qualified and authorized. A parenthetical like “(Interpreter corrected herself)” is permissible for nonverbal context, but the words themselves usually suffice. Do not delete the stricken hearsay answer.
2. The losing attorney asks you to delete the hearsay answer because the jury was told to disregard it; the winning attorney asks you to delete “you know” and “um.” What is your response?
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Refuse both requests. The motion, ruling, and answer remain in the transcript. “Stricken” does not mean erased; the appellate court needs to see what the jury heard and was told to disregard. Deleting the answer would make the record false and could constitute alteration of an official transcript. The fillers are part of the testimony’s texture; “you know” can affect credibility, ambiguity, or meaning, and “um” may show hesitation. Follow your style manual consistently: some manuals permit omission of nonsubstantive “uh” or “um,” but never change meaning, and if you omit fillers you must do so for all parties. You should not take sides or give one party a cleaner record than the other. If a party wants a cleaned reading copy, that is a separate, clearly labeled nonofficial document, not the certified transcript. Any request to go off the record or delete material must come from the judge, not from counsel.
3. The winning attorney wants a rough draft tonight and offers a rush fee. What do you do?
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Explain that the official transcript must be proofread and certified; an uncertified draft is not a court record. You can produce an expedited certified copy if the court or parties agree and the rules allow it. A draft may be provided only with a clear watermark such as “DRAFT-NOT CERTIFIED,” written agreement from the requesting party, and no representation that it is final; check local rules and your firm’s policy before doing so. Do not let the rush fee compromise accuracy or create the appearance that one side is getting favored access. If both parties need the transcript for a deadline, offer the same terms to both or seek the court’s guidance. If the transcript is for a brief deadline, the proper remedy may be a court order allowing an expedited transcript or a short extension. Retain your notes and audio, and do not sign a certification until you have verified the transcript.