A document as evidence in a particular case
Preparing a translation for civil proceedings should begin by establishing which document will be presented and which fact it is intended to prove. This may be a contract, payment confirmation, correspondence, a civil status document or a document concerning an entity's activities. The type of case helps prepare terminology but does not replace the source text. If a party has received a court request concerning a translation, its exact wording should be supplied, together with the deadline and document identification. This links the scope of the assignment to the actual request rather than merely the general description of the case.
Art. 256 of the Code of Civil Procedure provides that a court may request a sworn translation of a document written in a foreign language. [1] The provision concerns the document presented and the court's decision in the proceedings. The order must therefore establish whether the translation covers the whole document, specific pages or an identified annex. If the court requests a full translation, a private selection of individual paragraphs may not meet that scope. Supplying the court's request also helps distinguish a need for a certified translation from preparing a working translation for a party's earlier review of the material.
Official translation and participants' language knowledge
In order II CSK 428/13, the Supreme Court considered a payment dispute relating to transport and the jurisdiction of a Polish court. It held that where a party relies on foreign-language documents as evidence of assertions disputed by the opposing party, the court should commission a sworn translation or require the party to submit one. Disregarding submitted documents solely because such a translation was missing could have materially affected the decision. [3] The proposition concerns documents relevant to a procedural decision, not an automatic requirement to translate every item in every case file.
The Supreme Court also emphasised the need for an objective reference point independent of the language skills of the parties or members of the judicial panel. [3] For the client, this means that one participant's knowledge of Ukrainian does not itself resolve the question of translating a document important to the case. A person's own explanation of its contents may differ in scope from a certified translation presented to the court. The document and its identifiers should be retained so that the original content can be compared with a particular passage in the translation. This facilitates substantive reference to dates, amounts and conditions in the material.
The complete document and references to attachments
A contract may refer to an amendment, specification, schedule or acceptance document. If a dispute concerns performance of a particular obligation, an extract containing only its name may omit the conditions for performance. The order must therefore establish where definitions, exceptions and cross-references appear. Translating correspondence requires attention to the sequence of messages and distinguishing the sender's content from quoted earlier statements. For financial settlements, document numbers, currencies, periods and payment allocations must be preserved. Likewise, personal documents require attention to further pages containing entries or annotations.
If an assignment covers an extract, it should be marked so that its partial scope is clear. Source material should include the context around the translated paragraphs to establish the meaning of terms and pronouns. Blank tables, signatures or notes should not be removed simply because they seem unrelated to the main issue at first glance. They may identify the version or how the document was prepared. For a large package, an inventory of files with page counts and priorities dictated by the case deadline is useful.
In a dispute over the settlement of a contract, it is useful to organise invoices, payment confirmations and correspondence by document number. The translation should preserve the distinction between issuing a bill, acknowledging a particular amount, making payment and confirming receipt of funds. If a message refers to a partial refund or only one item, that limitation must be retained. Amounts in different currencies should not be reduced to a common value through independent conversion in the translation. Similarly, the date of a document must be distinguished from the period covered by the settlement. Original identifiers should be retained in the list of attachments, even if files receive additional organisational numbers. This makes it possible to match a particular message to the relevant invoice and confirmation, and enables the recipient to locate the same information in the source material and the translation. Where several contracts are involved, each settlement must be assigned to the correct contractual relationship.
Basis of certification and personal data
Art. 18 ust. 2 of the professional Act requires identification of the translation’s basis: an original, translation or copy, together with information on certification of the material and the certifying person. [2] A scan must therefore be distinguished from a paper original actually shown to the translator. If a copy was supplied for a quotation and a different document will later be presented for translation, comparison must be possible. The assignment should identify the correct version, especially where the previous scan lacked the final page, a stamp or an attachment later presented with the document.
For given names and surnames written in a non-Latin alphabet, Art. 14(2) refers to the spelling in a travel document or copy or, if unavailable, the rules of the country where the document was drawn up. [2] For several family members, each person's details must be allocated correctly. Older documents may contain a previous surname, a different spelling or an entity's details before a name change. These differences must be preserved as characteristics of the material and properly identified, rather than adjusting every entry to one current name without indicating its origin.
Contract terminology and legal concepts
A document's content may originate in a different legal system from the proceedings in which it will be used. The translation should preserve the function of terms and names of institutions, taking account of the context of the contract or official document. A foreign organisational form should not be replaced with a similarly named Polish company form, nor should several different concepts be reduced to one convenient expression. Registration numbers, entity details and references to legal bases help identify the correct scope of a concept. In a multi-page package, consistency in translating terms that recur in attachments is important.
Research on legal translation describes it in relation to the legal context and the function of texts; Prieto Ramos presents this scope. [4] For a particular assignment, preparation material may include an earlier translation of names or a glossary used in the parties’ correspondence. Identify which documents are sources and which are only terminology references. If a newer contract changes the definition of a previously used term, that change must be reflected. The same word in two documents does not always imply the same scope of obligation, particularly where each text contains its own definition or exception.
Document translation and interpreting for a witness
Art. 265 § 1 KPC concerns a witness with insufficient Polish: the court may appoint an interpreter. It does not generally regulate language support for everyone present at a hearing. It also provides for the rules on experts to apply correspondingly to interpreters. [1] If assistance during testimony is needed alongside document translation, specify the act, date and participant's role separately. An earlier order for translation of attachments does not automatically include the interpreter's court attendance. Participation arrangements should relate to the particular act and the court's arrangements.
Preparation materials may overlap with documents already translated, but questions to a witness may concern other circumstances. It helps to identify names, dates and documents likely to be mentioned in the questions. The interpreter should preserve the distinction between a witness’s own observation and information obtained from another person. If testimony contains uncertainty or lack of recollection, this must be reproduced. The conditions in a question must likewise be retained so that the answer is understandable in relation to what the court or another participant actually asked.
Questions and answers
Can a court require a sworn translation of a document?
Yes, art. 256 KPC allows such a translation of a foreign-language document to be requested. When ordering, provide the court’s request, deadline and document identification. This establishes whether the scope covers the entire document, particular pages or attachments. [1]
Will a document submitted without a translation always be disregarded?
In case II CSK 428/13, the Supreme Court (SN) held that disregarding important documents establishing jurisdiction solely because they lacked a translation was a procedural error. The ruling must be read in the context of the documents' significance for the decision. It does not replace determining the scope of translation required in a particular case. [3]
Does a quotation from a scan mean that the translation is certified as made from the original?
It does not determine the certification basis. Art. 18 requires the material actually presented for translation to be identified. If an original will be shown later, agree how and when it will be checked and ensure it matches the version previously supplied as a file. [2]