Drill 1: An answer in English
Format and hard cases, Federal DoneA federal deposition. The witness testifies through an interpreter, then answers one question directly in English. Which line marks that?
Answers, with the reasons
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A. Yes.
Left unmarked, a federal reader takes the answer as interpreted: answers are assumed interpreted “unless a parenthetical ‘(in English)’ is inserted.”
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A. (in English) Yes. (the answer)
The federal Guide: “When interpreters are used, it will be assumed that answers are made in a foreign language and interpreted unless a parenthetical ‘(in English)’ is inserted.” Texas uses the same presumption. If the notes don’t mark the switch, flag it for the reporter rather than insert it yourself.
Sources: Guide to Judiciary Policy, Vol. 6, § 520.40.10(g); Texas Uniform Format Manual, § 3.12; The guide: The hard cases at a glance.
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A. (Through the interpreter) Yes.
Every answer is already presumed interpreted, so this marks nothing and hides the switch. The parenthetical the Guide names is “(in English).”
Left unmarked, a federal reader takes the answer as interpreted: answers are assumed interpreted “unless a parenthetical ‘(in English)’ is inserted.”
Source: Guide to Judiciary Policy, Vol. 6, § 520.40.10(g).
The federal Guide: “When interpreters are used, it will be assumed that answers are made in a foreign language and interpreted unless a parenthetical ‘(in English)’ is inserted.” Texas uses the same presumption. If the notes don’t mark the switch, flag it for the reporter rather than insert it yourself.
Sources: Guide to Judiciary Policy, Vol. 6, § 520.40.10(g); Texas Uniform Format Manual, § 3.12; The guide: The hard cases at a glance.
Every answer is already presumed interpreted, so this marks nothing and hides the switch. The parenthetical the Guide names is “(in English).”