Does a translator have to be admitted as a witness under the hearsay rule?

California, United States of America


The following excerpt is from The People V. Wang, 106 Cal.Rptr.2d 829 (Cal. App. 2001):

Likewise, in State v. Patino, supra, 502 N.W.2d at pages 608-610, a witness to an aggravated battery made out-of-court statements to an interviewing officer through a translator. Both the translator and witness were unavailable at trial. The trial court nonetheless admitted the interviewing officer's testimony regarding the witness's translated statements. (Id. at p. 606.) It found the witness's statement to the translator fell within the excited utterance exception to the hearsay rule. (Id. at p. 608.) It further reasoned that, although the hearsay exception for party admissions was inapplicable, the translation did not create a layer of hearsay, regardless of the fact the speaker was a witness rather than the defendant. (Id. at pp. 608-610.)

Other Questions


Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does a trial witness's deliberate forgetfulness result in the admission of a statement made by a witness that is inconsistent with the hearsay rule or confrontation clause? (California, United States of America)
What is the test for admitting evidence of a statement made by a witness under the hearsay rule? (California, United States of America)
Can evidence of an extrajudicial statement be admitted as an exception to the hearsay rule? (California, United States of America)
Does the hearsay rule apply to statements admitting gang membership? (California, United States of America)
What is the legal test for admitting an out of court interview where a deceased witness has given evidence that he was not competent to be a witness? (California, United States of America)
What is the test for a hearsay exception to the hearsay rule? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
In what circumstances will a defendant be found admissible under the hearsay rule under the state of mind exception to hearsay? (California, United States of America)
Is a witness's testimony from an earlier proceeding admissible under the prior testimony exception to the hearsay rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.