Friday, July 22, 2005

Translators Must Speak Language, Second Circuit Insists

A document translated from the Arabic by a "translator" who neither speaks nor reads Arabic, and who simply transcribed what the plaintiff told her to write, does not satisfy the requirements of Fed. R. Evid. 602, 702, or 901(a), the Second Circuit has held. See Kassim v. City of Schenectady, No. 03-9283 (2d Cir. July 18, 2005) (Leval & Katmann, JJ.).


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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.