7 Trial Lawyer • Spring 2024 a language may have different dialects that differ greatly. It is important that the dialect used is one the person is comfortable with and can understand. It is also important to not use colloquialisms or pop culture references when asking questions or otherwise speaking because those may not translate properly. Such references may mean different things to different people. One of my favorite deposition memories is when a client answered in Arabic that when they were hit by the car, their “soul left their body.” The defense counsel was very confused and kept asking if they lost consciousness or believed they died. That expression has several meanings in colloquial Arabic, including simply that the speaker was describing a state of being terrified. It took several minutes to sort this out. A final reminder about accents. Do not assume that a person with an accent is not fluent in English. Do not assume. Ask. If a prospective juror has an accent, it does not mean they do not understand what is going on in the courtroom. They may be a great juror pick for you. Do not assume the judge will dismiss for cause simply because you think the person does not understand what is going on. If you are using interpreters, allow for natural breaks for the interpreter to be able to interpret. Also check with the interpreter if they are using continuous or consecutive interpreting and adjust your method of asking questions to the method used by the interpreter. When in court, pay attention to where the interpreter and your client are sitting to minimize distraction for the jury. And, when calculating trial dates or hearing times, make sure you account for the additional time it will take when interpretation services are needed. Practical points If you have a hearing, trial or an arbitration you can request an interpreter from the court. It is your responsibility to request an interpreter from the court. All of the courts in Oregon use this form for interpreter requests — https://orjudicial.workflowcloud.com/forms/f8eb1f8bcfeb-45ae-8218-c59045031a29. You will get a receipt for your request when you use this form. Parties should familiarize themselves with UTCP 7.070. It requires notice to the court as soon as possible but not later than four judicial days in advance of the hearing, trial or arbitration. As a practical matter, the earlier you make the request the better. For trial, you should submit the request before the call for trial. Do not wait till the end of call as it will be hard to find interpreters even for the most commonly spoken languages in Oregon. Many interpreters need to be brought in from out of state. Also, if your hearing or trial is more than two hours, the court endeavors to bring in two interpreters. This requires more time and coordination from the court. You should also be familiar with the Supplemental Local Rules regarding interpreters. For Multnomah County, you should look at SLR 7.071. The court has to pay for these services out of their budget, so if your hearing or trial is cancelled or moved, please let the court know as soon as possible. Fees incur two days before the scheduled event. Also, if the language your client speaks is an indigenous language or a specific dialect, please include that in the form submitted to the court and include where your client is from so the correct interpreter can be found. If you have questions about interpreter services in Multnomah County, you may call 503-986-5688. Hon. Rima Ghandour is a judge at the Multnomah County Circuit Court located at 1200 SW 1st Ave., Portland, OR 97204. Ghandour is the first Arab and Muslim woman judge in Oregon. She can be reached at 971-274-0674 or [email protected].
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