11.2 Interpreters, Videographers & Remote Proceedings

Blueprint topics 30211 to 30213 ask you to describe the correct formatting procedure when an interpreter or translator is present, when a videographer is present, and when a job is held remotely.

Interpreters

The rules

• What the record is: in an interpreted proceeding, the English interpretation spoken on the record is what the transcriber types. The foreign-language speech is not transcribed or translated by the transcriber.
• The presumption: Guide to Judiciary Policy § 520.40.10(g): "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."
• Speaker ID: THE INTERPRETER is used when the interpreter speaks in their own voice (§ 520.40.10(f)).
• In federal court, the Court Interpreters Act (28 U.S.C. § 1827) governs the use of certified and qualified interpreters.

Formatting

1. Identify the interpreter in the appearances or an Also Present line, for example Maria Lopez, Spanish Interpreter.
2. Note the interpreter's oath at the start with a standard parenthetical, such as (Interpreter sworn.), following the style used for witness oaths.
3. Type the interpretation as the witness's answer, in the first person, on the A line:

Q.   What color was the light?
A.   It was red.

1. Answers given in English get the parenthetical: A. (in English) Yes.
2. The interpreter speaking for themselves is colloquy:

          THE INTERPRETER:  Your Honor, the interpreter needs
the question repeated.

1. Third-person interpreting. If the interpreter says "He says he left before the police came," type exactly that. Do not convert it to first person; the transcriber records what the interpreter said.
2. Untranslated foreign speech that the interpreter does not render (for example, a side comment) can be noted parenthetically, such as (Speaking in Spanish.), following the client's style.

Videographers and video depositions

In a videotaped deposition, a videographer records the picture and often opens and closes each segment on the record. AAERT's CDR credential covers depositions; the CET transcribes them.

• Appearances: list the videographer, for example Also Present: James Ortiz, Videographer.
• Speaker ID: THE VIDEOGRAPHER: in colloquy.
• Opening statement: the videographer often states the date, time, case and location and identifies the media unit: We are now on the record at 10:02 a.m. This is the beginning of Media Unit No. 1. Transcribe it verbatim.
• Going off and on the record: the videographer announces times: We are going off the record at 11:15 a.m. Transcribe the announcement, then use a parenthetical for the break if the style sheet calls for one: (Recess from 11:15 a.m. to 11:27 a.m.)
• Why units matter: FRCP 30(b)(5)(B) requires, for nonstenographic recordings, that the officer "repeat the items in Rule 30(b)(5)(A)(i)–(iii) at the beginning of each unit of the recording medium": the officer's name and business address; the date, time and place; and the deponent's name.
• Time stamps: some clients want a video-synced transcript. That is a separate product; the certified transcript still follows the standard format.

Remote proceedings

Remote depositions and hearings became routine after 2020.

• Authority: FRCP 30(b)(4): "The parties may stipulate—or the court may on motion order—that a deposition be taken by telephone or other remote means." For the rules, "the deposition takes place where the deponent answers the questions."
• Title page and appearances: note who appeared remotely, for example (Appearing via videoconference) after an attorney's name, or a statement such as (All parties appearing remotely via videoconference.) at the start, following the client's style.
• The oath: administered remotely where state law allows. The transcriber types the officer's statements and the oath line in the usual way.
• Audio problems: frozen video, dropped words and echo are common. Use single-channel playback, and if a platform recording or screen capture exists, use it to resolve dropouts. If words are truly lost, mark them (indiscernible). Some clients want a note of the cause, such as (Audio interference.)
• Shared exhibits: attorneys "share screen" to show documents. Note exhibits as usual; the log or screen recording tells you what was shown.
• Crosstalk and lag: remote lag produces more overlapping speech. Handle it with the interruption rules in Chapter 12.
• Everyone's location matters. Remote participants may be in different states, which can affect oath and notary rules (Chapter 15).

AAERT's blog stresses that for remote or hybrid jobs a screen-capture video helps the transcriber see who is speaking and what exhibit is on screen. Ask for it if it exists.