Testifying through an interpreter: how an interpreted deposition works in Las Vegas

What an interpreted deposition is

A deposition is sworn testimony given outside a courtroom, usually in a law firm's conference room or a court reporting firm's deposition suite, with a certified court reporter taking down every word. When the witness does not speak English well enough to testify in it, a court interpreter sits beside the witness and renders each question into the witness's language and each answer back into English.

The proceeding does not change languages. The lawyers ask in English, the reporter records English, and the transcript that becomes part of the case is in English. The interpreter is the bridge, and the quality of that bridge decides how faithfully your testimony reaches the record. That is why the law treats the interpreter as a sworn, neutral participant rather than a helper for either side.

This guide is general information from the court reporter's side of the table. It is not legal advice. Your own attorney's instructions come first, and if anything here conflicts with what your attorney tells you, follow your attorney.

Who arranges the interpreter, and who pays

In Las Vegas practice the party taking the deposition usually books the interpreter, most often through the court reporting firm that is already scheduling the reporter, the room and any videographer. Western Reporting Services arranges interpreters by referral as part of the deposition booking: counsel tells us the language when scheduling and we confirm an interpreter experienced in sworn testimony, coordinate the appearance with the reporter, and confirm the full lineup with the office before the date.

The interpreter's fee is a litigation expense between the parties and their lawyers. A witness is not asked to find or pay for an interpreter. If you have been noticed for a deposition and are worried about the language, tell the lawyer who contacted you, or your own lawyer, right away so the interpreter can be booked in time. Interpreters in the less common languages are scarce and are reserved days or weeks ahead.

Tell the lawyers the exact language and dialect you are most comfortable testifying in. Cantonese is not Mandarin, and a witness who speaks a regional variety may need to say so. Testimony is precise work; the interpreter should be matched to the language you actually think in.

• The noticing party books the interpreter, usually through the court reporting firm.
• The cost is a case expense between the lawyers, not a charge to the witness.
• Name the exact language and dialect when the deposition is scheduled.
• Ask for the interpreter early. Rare languages take time to source.

Who the interpreter is, and is not

The interpreter is a neutral officer of the proceeding. Nevada law bars a person from interpreting in a proceeding if the person is the spouse of a witness, is otherwise related to a witness, is biased for or against one of the parties, or is otherwise interested in the outcome (NRS 50.054). The lawyers and the court reporter will expect the interpreter to be a stranger to the case. A family member who speaks both languages cannot serve, however fluent, and should not sit in to help.

Before starting, the interpreter swears or affirms to interpret accurately to you, in your language, the questions and statements addressed to you, to make a true interpretation of your statements in an understandable manner, and to repeat your statements to the best of his or her ability (NRS 50.054). While doing that work the interpreter has the same right as you to examine the relevant material, but cannot waive or exercise any of your rights for you. If an interpreter is not communicating effectively or accurately, and the person who arranged the interpreter learns of it, another interpreter must be appointed.

Nevada runs a certification and registration program for court interpreters under the Court Administrator (NRS 1.510), and it is unlawful to hold oneself out as a certified or registered court interpreter without that credential (NRS 1.540). No statute requires a civil deposition interpreter to hold the credential; whether the Court Administrator's rules reach out-of-court depositions is a question for counsel. In practice, deposition interpreters in Las Vegas are drawn from the same pool that works in the courthouse, and the lawyers may ask the interpreter to state his or her qualifications on the record.

What the interpreter is not: not your advocate, not your lawyer's assistant, not a translator of documents you bring, and not someone to chat with about the case during breaks. Everything you say to the interpreter while the record is on will be rendered into English for everyone in the room. Treat the interpreter as a conduit, courteous and precise, and nothing more.

Under Nevada law an interpreter is subject to the rules on qualifying as an expert (NRS 50.045), which is why counsel may put the interpreter's training and experience on the record before the first question.

How the questions and answers flow

Deposition interpreting is consecutive: the lawyer asks a question in English, pauses, the interpreter renders it into your language, you answer in your language, and the interpreter renders your answer into English. Only then does the next question come. Everything takes roughly twice as long as an English-only deposition, and that is expected; nobody will hurry you.

The interpreter speaks in the first person. When the lawyer asks "Where were you on March 3?" the interpreter asks you "Where were you on March 3?", not "He wants to know where you were." Answer the interpreter the same way, as if the lawyer had spoken your language: "I was at work," not "Tell him I was at work."

• Wait for the complete interpretation before you answer, even if you understood the English.
• Answer in your language only. Do not switch to English partway through, even for a word you know. Mixed-language answers produce a muddled record.
• Speak in short, complete thoughts and pause. Long answers force the interpreter to summarize, and summaries lose detail.
• If you did not understand the interpretation, say so. The interpreter will repeat or the lawyer will rephrase. Never guess at a question.
• If you believe the interpreter rendered your answer wrongly, say so immediately, in your language. The lawyers will sort it out on the record.
• Do not have side conversations with the interpreter. Anything said while the record is on belongs to everyone.
• Numbers, dates, names and addresses deserve extra care. Say them slowly and let the interpreter confirm.

What the transcript records

The court reporter takes down the English: the lawyers' questions and the interpreter's English rendering of your answers. The reporter does not record the words you say in your own language, and the transcript will not contain them. Your testimony, as far as the case is concerned, is the English version the interpreter produced.

That has two practical consequences. First, precision on your side matters more than usual, because a vague answer becomes a vague English sentence that you did not choose. Second, if the deposition is also being video recorded, the recording captures your voice in your language alongside the interpretation, which is one reason lawyers often order video for interpreted depositions.

If you have the right to read and sign the transcript afterward, you will be reviewing the English. A witness who cannot read English will usually review it with the help of a bilingual person chosen by the lawyer, or with an interpreter. Our guide to reading and correcting the transcript explains the process; ask your attorney how review will be handled in your case before the deposition ends.

Remote and videoconference interpreted depositions

Interpreted depositions can be held by videoconference, with the witness, the interpreter, the lawyers and the reporter in different places. The mechanics are the same, consecutive and in the first person, but audio quality becomes critical: the interpreter must hear every syllable, and you must hear the interpreter. Use a headset if you have one, sit in a quiet room, and close the door.

On a remote deposition the interpreter may be in the room with you, in the room with the lawyers, or alone. Each arrangement works. What does not work is a second person at your location whispering help; the same neutrality rules apply by video as in person. Our guide to remote Zoom depositions covers the setup, the exhibits and the oath for remote testimony generally.

Preparing with your lawyer

If you have a lawyer, your preparation meeting should itself happen through an interpreter, so that what you learn about the process reaches you accurately. The general advice in our guide on preparing for a deposition applies in full: listen to the whole question, answer only what was asked, say so when you do not know or do not remember, and never guess.

Two points matter more for an interpreted witness. Rehearse the rhythm of waiting for the interpretation, because the natural instinct is to start answering as soon as you understand the English. And agree with your lawyer on how you will signal a problem with the interpretation, so that you do it on the record rather than suffering through a misunderstanding.

A note for counsel

When you schedule with us, give the language and dialect, the expected length and whether the matter has technical vocabulary (medical, construction, finance) so the interpreter can prepare. Tell us if you also want a check interpreter, legal video, or a conference room. Interpreted depositions run long; book the room and the reporter for the full day when in doubt.

We arrange the interpreter as a courtesy within the booking. The interpreters are independent professionals from the same community that serves the Clark County courts, and their qualifications are theirs to state on the record.

Common questions

Can my relative interpret for me?

No. Nevada law bars a spouse, a relative, anyone biased for or against a party, or anyone interested in the outcome from acting as the interpreter (NRS 50.054). A neutral professional will be arranged. A family member may be able to attend to support you if your lawyer and the other side agree, but cannot interpret.

Do I have to pay for the interpreter?

No. The interpreter is arranged by the party taking the deposition, usually through the court reporting firm, and the fee is a case expense handled between the lawyers.

I understand some English. Can I answer in English when I know the answer?

Testify in one language for the whole deposition. Switching back and forth produces a confusing record and invites disputes about what you meant. If you and your lawyer decide you will testify in your own language, do so for every question, including the easy ones.

What if the interpreter gets my answer wrong?

Say so right away, in your language. The interpreter will render your objection, the lawyers will address it on the record, and the law requires a replacement interpreter if the one appointed is not communicating accurately (NRS 50.054). Do not let an error pass hoping to fix it later.

Will the transcript be in my language?

No. The court reporter records the English questions and the interpreter's English rendering of your answers. Your own words in your language are not in the written transcript, though they are on the video if the deposition is recorded.

Does the interpreter have to be certified?

Nevada certifies and registers court interpreters, and only a credentialed interpreter may claim that title (NRS 1.510, NRS 1.540). No statute requires a civil deposition interpreter to hold the credential, and whether the Court Administrator's rules reach depositions is a question for your attorney. In practice the interpreters we arrange come from the pool that works in the Clark County courts, and counsel may ask them to state their qualifications on the record.

Can the deposition be done by video call?

Yes. Interpreted depositions are held by videoconference regularly. Audio quality is the main concern: use a headset, sit in a quiet room, and tell the lawyers immediately if you cannot hear the interpreter clearly.