Deposition Interpreters: What to Expect

Depositions provide the opportunity for legal teams to evaluate not just words, but truthfulness, demeanor, and believability. However, language barriers between deponents and attorneys can hinder the pursuit of information, and it’s a barrier that’s likely to grow. 

In 2024, foreign-born people account for 14.3% of the US population, just barely below the all-time high of 14.8% in 1890—and according to the Pew Research Center, that number will continue to grow to higher than 17% by the year 2065.^1,2 There are an estimated 350 to 430 languages spoken in the US, and about one in five households speak a language other than English at home.³

Deposition interpreters provide the bridge over a language gap, but they do more than simply translate word for word. From familiarity with slang to understanding how legal procedures differ between countries, these specialized interpreters can help unlock the information that lawyers need to build a case.

Whether you’re pursuing a career as a deposition interpreter or looking to hire one for an upcoming case, this guide will help you understand what to expect.

The Role of a Deposition Interpreter

Deposition interpreters are critical to legal discovery and representation. In the United States, they interpret verbal and/or signed communications for deponents who: 

• Do not speak English
• Have limited English proficiency (LEP) as non-native speakers without full fluency
• Are deaf or hard of hearing and use American Sign Language

There are two main options for legal interpreting: 

• Simultaneous – The interpreter attempts to translate immediately after words or phrases are spoken, as close to real-time as possible.

• Consecutive – Interpreting is done after a sentence, question, or answer is complete. 

Consecutive interpreting is more common in depositions. It tends to allow for a more interactive experience rather than a passive listening mode by the nonspeaking individual. 

What Sets Legal Interpreters Apart

Acting as an interpreter in a legal proceeding is different from doing so in other environments. Just as interpreters in a healthcare environment need to understand the basics of medical processes and patient interviews, a deposition interpreter must be able to parse: 

• The legal process – Understanding the structural and procedural framework of a deposition (including the nature of swearing in the witness) is paramount.

• Terminology – Interpreters must comprehend and translate words, phrases, and concepts that have legal implications in both the source and target language, which often requires familiarity with legal concepts in multiple countries.

• Accuracy – Interpreters must take steps to maintain accuracy, including clarifying when word-for-word translation isn’t available.

• Culture – Effective translation requires an understanding of cultural norms, including where taboos or etiquette may lead to obfuscation.

• Subculture – Interpreters must effectively interpret slang, idioms, and nuances specific to particular dialects and regions.

Finally, as with all professionals engaged in depositions, interpreters must: 

• Maintain confidentiality
• Be impartial and consistent
• Avoid conflicts of interest

Legal vs. Court Interpreter

Depositions are official legal proceedings and the deposing law firm is responsible for engaging interpreters and vetting their qualifications. General legal interpreters can vary in education and official professional designation. 

A certified court interpreter, on the other hand, is often subject to tighter requirements at national, state, or other jurisdictional levels⁴:

• Academic – An undergraduate degree in foreign languages, translation, or legal studies may be required for court interpreters, while legal interpreters can advance directly to a training program. 

• Training and certification – A vocational training program specific to court or legal interpretation often culminates in a certification exam administered by a federal, state, or professional association (National Association of Judiciary Interpreters and Translators, or NAJIT). Some courts also recognize the “Professionally Qualified Interpreter” status attained by passing a United Nations interpreter test or membership in the AIIC (International Association of Conference Interpreters).

• Level – Some credentials recognize differing levels of expertise—Arizona’s state program, for instance, identifies multiple tiers and requires a Tier 3 or 4 level for courtroom engagements. Include such credentialing categorizations or certification levels in your determination of a professional’s capabilities.⁵

• License – Some states require court interpreters to be licensed, credentialed, and/or registered to practice. The process typically involves meeting education standards, passing an exam, and maintaining an active license which may include continuing education. 

While you may have more latitude in selecting an interpreter for a deposition rather than for a court appearance, using similar standards will ensure that you receive effective legal interpretation service. This includes assurance that you work with a professional who understands and is sworn to uphold the confidential nature of legal proceedings and privileged information.

One thing to note is that there are limited training and certification programs so not every language is covered. If you have a client or deponent with an uncommon language, it can be a greater challenge to locate a skilled interpreter unless you work with an agency with a large and vetted interpreter network.

Hiring a Deposition Interpreter

The first step is notification. Communicating the need for interpreters as early as possible will help secure the right professional for the job and give the legal team enough time to vet candidates properly. 

Next, determine the state or other jurisdictional requirements for legal interpreters, whether they extend to deposition interpreters, and (if not) whether to abide by them. Also, be aware that, in some jurisdictions, the regulation and oversight of interpreters is split between spoken-language and deaf and hard-of-hearing interpreters.

Working with a Deposition Interpreter

Once you engage a legal interpreter for your civil or criminal deposition, there are a few steps and tips that will help you ensure their success. 

Preparation

Pave a smooth path forward as soon as you know a professional interpreter will be needed. First: 

• Include the intent to engage an interpreter in the legal deposition notice or subpoena.
• Let the court reporter know a deposition interpreter will be used.
• Schedule extra time for the legal deposition itself.

Then, connect with the interpreter to: 

• Brief them on your expectations and team members. 
• Identify technology usage and needs ahead of time.
• Provide enough time to set up and test equipment before the deposition begins.

Day of Deposition

When the deponent (the subject of the interpreting) arrives, facilitate introductions and review the function of the interpreter, who is present to interpret: 

• What is said verbatim
• As precisely as possible where word-for-word or exact phrase translation is unavailable
• Communications between the subject and the lawyers and court personnel

Next: 

• Arrange seating so that the deponent and interpreter can clearly see and hear each other.
• Add a statement of the interpreter’s qualifications to the record.

During the deposition: 

• Maintain eye contact and avoid fast speech, idioms, jokes, and interruptions.
• The lawyer and interpreter should both speak in the first person.
• Professional interpreters often take notes, a recommended best practice.
• Intervene (rather than relying on the interpreter) when a translation is inconsistent with the subject’s speech duration or demeanor.
• Ensure accurate deposition testimony is captured without misinterpretation.

Remote Depositions

For remote proceedings, clear audio and video are especially important when language is a challenge in addition to distance and technology. For remote or hybrid depositions: 

• Confirm familiarity with or test the platform and tools in advance. 
• Ensure both the subject and interpreter are clearly lit and captured on screen.
• Mute attendees between speaking to reduce background noise.

What Not to Expect from Deposition Interpreters

It’s wise to touch base on expectations between the interpreter and their subject before the start of the deposition. While it may seem intuitive for the only two individuals in a room to ask for clarification or assistance, skilled interpreters are limited to fulfilling their established responsibilities, which means they cannot⁶:

• Annotate or explain any procedural elements of a deposition
• Answer questions from the subject about anything other than the interpretation process
• Offer advice of any kind or discuss the case 
• Provide explanations of words beyond translation
• Engage in private conversations with the subject or anyone else involved in a case
• Assist the subject in filling out or filing forms

The overarching rule is that the professional you hire is not present to interject advice, opinions, or commentary or aid beyond providing interpretation. 

Partner with Expert Interpreters

Accuracy, skill, and experience are vital for an effective deposition interpreter. Make sure you have the right professional by your side with U.S. Legal Support. Our network comprises more than 5,000 legal interpreters who have at least five years of experience in the legal sector. 

We can work with you in 200+ languages across the U.S. and abroad, including geographically and culturally specific dialects. Our interpreters are typically native speakers, and many have expertise in specific practice areas and legal specialties that have their own subsets of terminology and language nuances.

U.S. Legal Support also offers legal document translation at both machine and human specialist levels, plus a full range of litigation support services. These include court reporting, realtime transcription, records retrieval, organization, analysis, litigation consulting, and trial services. 

Reach out today to discuss your interpretation and other legal support needs. 

Sources: 

1. Pew Research Center. What the data says about immigrants in the U.S. https://www.pewresearch.org/short-reads/2024/09/27/key-findings-about-us-immigrants/
2. Pew Research Center. Modern Immigration Wave Brings 59 Million to U.S., Driving Population Growth and Change Through 2065. https://www.pewresearch.org/race-and-ethnicity/2015/09/28/modern-immigration-wave-brings-59-million-to-u-s-driving-population-growth-and-change-through-2065/
3. Share America. The United States is rich in languages. https://share.america.gov/united-states-is-rich-in-languages/
4. Interpreter Training Programs. The requirements for legal and for court interpreters. https://interpretertrain.com/what-are-the-requirements-to-be-a-legal-or-a-court-interpreter/
5. Arizona Supreme Court. Arizona Court Interpreter Credentialing Program. https://www.azcourts.gov/interpreter/Arizona-Court-interpreter-Credentialing-Program
6. Superior Court of Pinal County. Interpreter FAQs. https://www.pinalcourtsaz.gov/faq.aspx?qid=160

Julie Feller

Julie Feller is the Vice President of Marketing at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Juie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.