2.9 Foreign Language Testimony

          You [are about to hear] [have heard] testimony of a witness who [will be testifying] [testified] in the [specify foreign language] language.  Witnesses who do not speak English or are more proficient in another language testify through an official court interpreter.  Although some of you may know the [specify foreign language] language, it is important that all jurors consider the same evidence.  Therefore, you must accept the interpreter’s translation of the witness’s testimony.  You must disregard any different meaning.

            You must not make any assumptions about a witness or party based solely on the fact that an interpreter was used. 

Comment

            This instruction should be given immediately before the jury hears testimony in a foreign language.  Cf. United States v. Franco, 136 F.3d 622, 626 (9th Cir. 1998); United States v. Fuentes-Montijo, 68 F.3d 352, 355-56 (9th Cir. 1995).

Revised Mar. 2018