Deposition

[Rafter Spout]

I got an appointment for questioning under oath at a deposition in English.
I am not a native English speaker; there could easily be a misunderstanding.
I am the plaintive and I think I have a very strong case and would like that
the procedure would be over positively as soon as possible.
A interpreter maybe very difficulty to find and will lengthen the process.
However, the counterpart, native English speaker, did have a deposition already.
I am hesitating that I may answer very foolish. If I could answer in writing
I would feel much easier, or would like to drop the deposition completely.
Must I attend to the deposition?
What is the best thing to do?

What is the name of your state? only U.S. law.

[You Are Guilty]

Originally Posted by Rafter Spout

Must I attend to the deposition?

Yes.

Originally Posted by Rafter Spout

What is the best thing to do?

Get the interpreter.

[haplesshome45]

As the previous poster pointed out rather inelegantly, if you have a Notice of Deposition in a civil case you must attend unless (1) you file for a Protective Order (which in your case is only a theoretical situation, as that is not something you are going to receive); (2) find yourself sick or otherwise unavailable and ask for a Continuance, which is typically granted for good reason; (3) attend and be sworn in and give testimony, (4) do not attend in which case the other side will file a Motion for Nonsuit in which case your claim will go out the window.

Since you do not speak English and you have no attorney you can expect to be asked quite a few questions.

You can protect yourself just a little bit by starting out with a little speech, to the effect that: "I was not born in this Country and have difficulty understanding English, but I will do the best I can." If you do this AFTER you are sworn in and have taken the Oath the "reporter" lady gives you, then it is "on the record" so anybody reading the deposition ("written version") at least sees your answers in the light of your lack of English language ability.

If your case is a large case, that is, if you are asking for a lot of money or the consequences of losing are going to be disastrous, then you are probably much better off to both have an interpreter and have an attorney.

I have much sympathy for your position. I came to this country as an immigrant not speaking a single word of English also. Best wishes.

[You Are Guilty]

Originally Posted by haplesshome45

As the previous poster pointed out rather inelegantly, if you have a Notice of Deposition in a civil case you must attend unless (1) you file for a Protective Order (which in your case is only a theoretical situation, as that is not something you are going to receive); (2) find yourself sick or otherwise unavailable and ask for a Continuance, which is typically granted for good reason; (3) attend and be sworn in and give testimony, (4) do not attend in which case the other side will file a Motion for Nonsuit in which case your claim will go out the window.

Since you do not speak English and you have no attorney you can expect to be asked quite a few questions.

You can protect yourself just a little bit by starting out with a little speech, to the effect that: "I was not born in this Country and have difficulty understanding English, but I will do the best I can." If you do this AFTER you are sworn in and have taken the Oath the "reporter" lady gives you, then it is "on the record" so anybody reading the deposition ("written version") at least sees your answers in the light of your lack of English language ability.

If your case is a large case, that is, if you are asking for a lot of money or the consequences of losing are going to be disastrous, then you are probably much better off to both have an interpreter and have an attorney.

I have much sympathy for your position. I came to this country as an immigrant not speaking a single word of English also. Best wishes.

All that just to say you agree with me. Fantastic. OK, since verbosity is the word of the day, I'll play along.

Rafter, although you failed to designate the state in which the deposition is scheduled to be conducted, in all the states that I am familiar with, if you advise the other parties' attorney (in writing, preferably) that English is not your first language, you are not fluent, and you need an interpreter, it then becomes the responsibility of the other party to both obtain and pay for the interpreter for the deposition. (Much in the same manner as they are required to pay for the court reporter when they take your deposition). Therefore, attending the deposition with an interpreter at your side not only protects you from a default motion, but it should not require any additional out of pocket expenditures on your part.

Or, like I said before in deference to a non-native English speaker:

Must I attend to the deposition?
Yes.

What is the best thing to do?
Get the interpreter.

I bid you a good day, sir.

[Rexlan]

haplesshome45 I have a little different take on it.

If OP is the Plaintiff and doesn't speak English then that should not shift the problem to the Defendant to accommodate him for his deficiency. Additionally, although not required, a non-English speaking plaintiff should not be allowed direct access to the court without an attorney for pretty obvious reasons.

This is a huge problem costing working taxpayers billions of dollars annually. We cater to folks who don't speak English and many never will as a result. Now those that do almost need an interpreter.

I certainly do not question You Are Guilty's statement but I find it most difficult to believe that a Plaintiff is afforded this luxury at the Defendants expense.

OP should also keep in mind that he will perjure himself if he makes a false claim about his ability to speak/understand English.

[You Are Guilty]

There are a number of problems here which prevent an accurate answer. First and foremost is the lack of a state. Then, I am still not sure who the OP is in this litigation, plaintiff or defendant. However, if he is a defendant, and the plaintiff wants his depo, then generally, the plaintiff is on the hook for the cost of an interpreter. Not that OP is in NY, but since I know those rules best, here's a sample on how it works:

Originally Posted by CPLR Rule 3114

Examination of witness who does not understand the English language

If the witness to be examined does not understand the English language, the examining party must, at his own expense, provide a translation of all questions and answers. Where the court settles questions, it may settle them in the foreign language and in English. It may use the services of one or more experts whose compensation shall be paid by the party seeking the examination and may be taxed as a disbursement.

Other states may vary

[haplesshome45]

Poster Rexlan is more likely correct in the interpretation that the Plaintiff cannot shift the burden onto the Defendant as respects costs. Since the Plaintiff does not wish to pay the costs of an interpreter, and by the OP's own post certainly has "some" command of English, the question of any deficiency of understanding becomes a matter of degree and interpretation as to "mandatory" requirement for an interpreter. Since transcripts do not reveal degree of difficulty in comprehension, such as inflections, pauses, and the like, my approach is just to be sure to "put it on the Record" by making an opening statement after being sworn. That alerts any reader of the Transcript.

I rather doubt that I could make an argument of English deficiency for myself, notwithstanding being a mere immigrant. My regrets that you folks do not much care for immigrants, but nobody is spending millions on translators for me. It all is a matter of degree. Hence the problem. Keep in mind that some 16% of residents of the US are not native-born.

[haplesshome45]

The OP states that she is the Plaintiff, notwithstanding that it is spelled "plaintive."

[You Are Guilty]

Originally Posted by haplesshome45

The OP states that she is the Plaintiff, notwithstanding that it is spelled "plaintive."

Jeez, I thought he actually meant "plaintive".

Nonetheless, I think we are all in agreement here. If he is the Plaintive and wants an interpreter present when the defendant takes plaintiff's deposition, then he is certainly entitled to one, presumably at defendant's cost. But if he is the Plaintive and wants an interpreter present when he takes the defendant's deposition, then he can (must) pay for that out of his own pocket.

Based on his "I got an appointment" language, I interpreted his situation as the former. I assume everyone one else reads it as the latter.

[Rafter Spout]

Originally Posted by haplesshome45

As the previous poster pointed out rather inelegantly, if you have a Notice of Deposition in a civil case you must attend unless (1) you file for a Protective Order (which in your case is only a theoretical situation, as that is not something you are going to receive); (2) find yourself sick or otherwise unavailable and ask for a Continuance, which is typically granted for good reason; (3) attend and be sworn in and give testimony, (4) do not attend in which case the other side will file a Motion for Nonsuit in which case your claim will go out the window.

Since you do not speak English and you have no attorney you can expect to be asked quite a few questions.

You can protect yourself just a little bit by starting out with a little speech, to the effect that: "I was not born in this Country and have difficulty understanding English, but I will do the best I can." If you do this AFTER you are sworn in and have taken the Oath the "reporter" lady gives you, then it is "on the record" so anybody reading the deposition ("written version") at least sees your answers in the light of your lack of English language ability.

If your case is a large case, that is, if you are asking for a lot of money or the consequences of losing are going to be disastrous, then you are probably much better off to both have an interpreter and have an attorney.

I have much sympathy for your position. I came to this country as an immigrant not speaking a single word of English also. Best wishes.

I have an attorney, can he handle the deposition for me without my presence?

[You Are Guilty]

Originally Posted by Rafter Spout

I have an attorney, can he handle the deposition for me without my presence?

Of course! That's why you are paying him!

[Rexlan]

OP is playing a game here. Claims to live in CA and CO and doing business in the states for 25+ years .... now doesn't understand English ... come on.

Your attorney can NOT give YOUR deposition. He can TAKE the Defendants depo is all.

[You Are Guilty]

Originally Posted by Rexlan

OP is playing a game here. Claims to live in CA and CO and doing business in the states for 25+ years .... now doesn't understand English ... come on.

Your attorney can NOT give YOUR deposition. He can TAKE the Defendants depo is all.

There I go all assuming again. Absolutely correct and I should have been clearer in my reply.