While California law strictly requires state-certified interpreters for live courtroom testimony, translating documentary or video evidence for Small Claims Court does not strictly require a state-certified court interpreter. However, the translation must be completed by a competent translator and accompanied by a sworn legal declaration.
Key Legal Requirements for Translated Evidence
-
California Rule of Court 3.1110(g): Any exhibit containing a foreign language must be accompanied by an English translation. The rule requires this translation to be “certified under oath by a qualified interpreter”.
-
The Translator’s Oath (Evidence Code § 751 & § 753): The individual who transcribes and translates your video must provide a signed declaration under penalty of perjury. This document must state their qualifications, confirm their fluency in both languages, and swear that the translation is a true and accurate rendering of the recording.
Small Claims Flexibility vs. Risks
-
Relaxed Evidentiary Rules: Small claims courts are designed to be accessible and operate with looser evidentiary standards. Judges routinely accept translations from professional translation agencies or even competent bilingual individuals, as long as the proper sworn declaration of accuracy is attached.
-
The Risk of Objections: While an uncertified translator is usually permitted, the opposing party can easily object to the accuracy of the transcription. Using a professional translation service (such as the agency referenced in your email) or a certified interpreter minimizes the risk of the judge dismissing your video evidence over a translation dispute.
Best Practices for Submitting Video Evidence
-
Bilingual Formatting: Present a transcript that shows the original source-language transcription alongside the English translation so both can be independently reviewed.
-
Detailed Logging: Ensure the transcript includes accurate timestamps, speaker identification, and explicit markings for any inaudible or overlapping speech.
-
Attach the Oath: Always staple or bind the translator’s signed certification directly to the transcript. The judge will likely reject the document if this sworn oath is missing.