Translating for legal equivalence

Translating for legal equivalence is the production of translations that are acceptable by a legal jurisdiction.

Legal requirements

For legal and official purposes, evidentiary documents and other official documentation are usually required in the official language(s) of a jurisdiction.

In some countries, it is a requirement for translations of such documents that a translator swear an oath to attest that it is the legal equivalent of the source text. Often, only translators of a special class are authorized to swear such oaths. In some cases, the translation is only accepted as a legal equivalent if it is accompanied by the original or a sworn or certified copy of it.

Even if a translator specializes in legal translation or is a lawyer in his country, this does not necessarily make him a sworn translator.

The procedure for translating to legal equivalence differs from country to country.

outh Africa

In South Africa, the translator must be authorized by the High Court, and must use an original (or a sworn copy of an original) in his physical presence as his source text. The translator may only swear by his own translation. There is no requirement for an additional witness (such as a notary) to attest to the authenticity of the translation.

Mexico

In Mexico, some local instances, such as the Superior Court of Justice, establish that a written and oral examination shall be passed for a translator to be recognized as an expert or "sworn" translator (this kind of translator does not swear before the court to be authorized). [ [http://www.tsjdf.gob.mx/iej/peritos.html peritos ] ]

United States of America

The U.S. Department of Labor, Bureau of Labor Statistics states: "There is currently no universal form of certification required of interpreters and translators in the United States, but there are a variety of different tests that workers can take to demonstrate proficiency." [ [http://www.bls.gov/oco/ocos175.htm Interpreters and Translators ] ]

References

ee also

* Translation
* Legal translation

External Resources

* [http://www.jostrans.org/issue07/art_byrne.php Caveat Translator: Understanding the Legal Consequences of Errors in Professional Translation, Jody Byrne, University of Sheffield]