566 U.S. 560 | SCOTUS | 2012
Lead Opinion
delivered the opinion of the Court.
The costs that may be awarded to prevailing parties in lawsuits brought in federal court are set forth in 28 U. S. C. § 1920. The Court Interpreters Act amended that statute to include “compensation of interpreters.” §1920(6); see also § 7, 92 Stat. 2044. The question presented in this case is whether “compensation of interpreters” covers the cost of translating documents. Because the ordinary meaning of the word “interpreter” is a person who translates orally from one language to another, we hold that “compensation of interpreters” is limited to the cost of oral translation and does not include the cost of document translation.
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This case arises from a personal injury action brought by petitioner Kouichi Taniguchi, a professional baseball player in Japan, against respondent Kan Pacific Saipan, Ltd., the owner of a resort in the Northern Mariana Islands. Petitioner was injured when his leg broke through, a wooden deck during a tour of respondent’s resort property. Initially, petitioner said that he needed no medical attention,
In preparing its defense, respondent paid to have various documents translated from Japanese to English. After the District Court granted summary judgment in respondent’s favor, respondent submitted a bill for those costs. Over petitioner’s objection, the District Court awarded the costs to respondent as “compensation of interpreters” under § 1920(6). Explaining that interpreter services “cannot be separated into ‘translation’ and ‘interpretation,’” App. to Pet. for Cert. 25a, the court held that costs for document translation “fal[l] within the meaning of ‘compensation of an interpreter,’” ibid. Finding that it was necessary for respondent to have the documents translated in order to depose petitioner, the court concluded that the translation services were properly taxed as costs.
The United States Court of Appeals for the Ninth Circuit affirmed both the District Court’s grant of summary judgment and its award of costs. The court rejected petitioner’s argument that the cost of document translation services is not recoverable as “compensation of interpreters.” The court explained that “the word ‘interpreter’ can reasonably encompass a ‘translator,’ both according to the dictionary definition and common usage of these terms, which does not always draw precise distinctions between foreign language interpretations involving live speech versus written documents.” 633 F. 3d 1218, 1221 (2011). “More importantly,” the court stressed, this construction of the statute “is more
Because there is a split among the Courts of Appeals on this issue,
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A
Although the taxation of costs was not allowed at common law, it was the practice of federal courts in the early years to award costs in the same manner as the courts of the relevant forum State. Alyeska Pipeline Service Co. v. Wilderness Society, 421 U. S. 240, 247-248 (1975). In 1793, Congress enacted a statute that authorized the awarding of certain costs to prevailing parties based on state law:
“That there be allowed and taxed in the supreme,.circuit and district courts of the United States, in favour of the parties obtaining judgments therein, such compensation for their travel and attendance, and for attornies and counsellors’ fees ... as are allowed in the supreme or superior courts of the respective states.” Act of Mar. 1, 1793, ch. 20, §4, 1 Stat. 333.
Not until 1853 did Congress enact legislation specifying the costs allowable in federal court. Id., at 251. The impetus for a uniform federal rule was largely the consequence of two developments. First, a “great diversity in practice among the courts” had emerged. Ibid. Second, “losing litigants were being unfairly saddled with exorbitant fees for the victor’s attorney.” Ibid. Against this backdrop, Congress passed the 1853 Fee Act, which we have described as a “far-reaching Act specifying in detail the nature and amount of the taxable items of cost in the federal courts.” Id., at 251-252; The substance of this Act was transmitted through the Revised Statutes of 1874 and the Judicial Code of 1911 to the Revised Code of 1948, where it was codified, “without any apparent intent to change the controlling rules,” as 28 U. S. C. § 1920. 421 U. S., at 255.
Federal Rule of Civil Procedure 54(d) gives courts the discretion to award costs to prevailing parties. That Rule provides in relevant part: “Unless a federal statute, these rules, or a court order provides otherwise, costs — other than attorney’s fees — should be allowed to the prevailing party.” Rule 54(d)(1). We have held that “§ 1920 defines the term ‘costs’ as used in Rule 54(d).” Crawford Fitting, 482 U. S., at 441. In so doing, we rejected the view that “the discretion granted by Rule 54(d) is a separate source of power to tax as costs expenses not enumerated in § 1920.” Ibid.
As originally configured, § 1920 contained five categories of taxable costs: (1) “[f]ees of the clerk and marshal”; (2) “[f]ees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case”; (3) “[f]ees and disbursements for printing and witnesses”;
B
To determine whether the item “compensation of interpreters” includes costs for document translation, we must look to the meaning of “interpreter.” That term is not defined in the Court Interpreters Act or in any other relevant statutory provision. When a term goes undefined in a statute, we give the term its ordinary meaning. Asgrow Seed Co. v. Winterboer, 513 U. S. 179, 187 (1995). The question here is: What is the ordinary meaning of “interpreter”?
Many dictionaries in use when Congress enacted the Court Interpreters Act in 1978 defined “interpreter” as one who translates spoken, as opposed to written, language. The American Heritage Dictionary, for instance, defined the term as “[o]ne who translates orally from one language 'into another.” American Heritage Dictionary 685 (1978). The Scribner-Bantam English Dictionary defined the related word “interpret” as “to translate orally.” Scribner-Bantam English Dictionary 476 (1977). Similarly, the Random House Dictionary defined the intransitive form of “interpret” as “to translate what is said in a foreign language.” Random House Dictionary of the English Language 744 (1973) (emphasis added). And, notably, the Oxford English Dictionary defined “interpreter” as “[o]ne who translates languages,” but then divided that definition into two senses: “a. [a] translator of books or writings,” which it designated
Pre-1978 legal dictionaries also generally defined the words “interpreter” and “interpret” in terms of oral, translation. The; then-current edition of Black’s Law Dictionary, for example, defined “interpreter” as “[a] person sworn at a trial to interpret the evidence of a foreigner... to the court,” and it defined “interpret” in relevant part as “to translate orally from one tongue to another.” Black’s Law Dictionary 954, 953 (rev. 4th ed. 1968); see also W. Anderson, A Dictionary of Law 565 (1888) (“[o]ne who translates the testimony of witnesses speaking a foreign tongue, for the benefit of the court and jury”); 1 B. Abbott, Dictionary of Terms and Phrases Used in American or English Jurisprudence 639 (1878) (“one who restates the testimony of a witness testifying in a foreign tongue, to the court and jury, in their language”). But see Ballentine’s Law Dictionary 655, 654 (3d ed. 1969) (defining “interpreter” as “[o]ne who interprets, particularly one who interprets words written or spoken in a foreign language,” and “interpret” as “to translate from a foreign language”).
Against these authorities, respondent relies almost exclusively on Webster’s Third New International Dictionary (hereinafter Webster’s Third). The version of that dictionary in print when Congress enacted the Court Interpreters Act defined “interpreter” as “one that translates; esp: a person who translates orally for parties conversing in different
That a definition is broad enough to encompass one sense of a word does not establish that the word is ordinarily understood in that sense. See Mallard v. United States Dist. Court for Southern Dist. of Iowa, 490 U. S. 296, 301 (1989) (relying on the “most common meaning” and the “ordinary and natural signification” of the word “request,” even though it may sometimes “double for ‘demand’ or ‘command’ ”). The fact that the definition of “interpreter” in Webster’s Third has a sense divider denoting the most common usage suggests that other usages, although acceptable, might not be common-or ordinary. It is telling that all the dictionaries cited above defined “interpreter” at the time of the statute’s enactment as including persons who translate orally, but only a handful defined the word broadly enough to encompass
Based on our survey of the relevant dictionaries, we conclude that the ordinary or common meaning of “interpreter” does not include those who translate writings. Instead, we find that an interpreter is normally understood as one who translates orally from one language to another. This sense of the word is far more natural. As the Seventh Circuit put it: “Robert Fagles made famous translations into English of the Iliad, the Odyssey, and the Aeneid, but no one would refer to him as an English-language ‘interpreter’ of these works.” Extra Equipamentos E Exportaȩão Ltda. v. Case Corp., 541 F. 3d 719, 727 (2008).
To be sure, the word “interpreter” can encompass persons who translate documents, but because that is not the ordinary meaning of the word, it does not control unless the context in which the word appears indicates that it does. Nothing in the Court Interpreters Act or in § 1920, however, even hints that Congress intended to go beyond the ordinary meaning of “interpreter” and to embrace the broadest possible meaning that the definition of the word can bear.
If anything, the statutory context suggests the opposite: that the word “interpreter” applies only to those who translate orally. As previously mentioned, Congress enacted § 1920(6) as part of the Court Interpreters Act. The main
The references to technical terminology in the Court Interpreters Act further suggest that Congress used “interpreter” in a technical sense, and it is therefore significant that relevant professional literature draws a line between “interpreters,” who “are used for oral conversations,” and “translators,” who “are, used for written communications.” Zazueta, supra n. 4, at 477; see also M. Frankenthaler, Skills for Bilingual Legal Personnel 67 (1982) (“While the translator deals with the written word, the interpreter is concerned with the spoken language”); Brislin, Introduction, in Translation: Applications and Research i (R. Brislin ed. 1976) (explaining that when both terms are used together, translation “refers to the processing [of] written input, and interpretation to the processing of oral input” (emphasis deleted)); J. Herbert, Interpreter’s Handbook 1 (2d ed. 1952) (“In the present-day jargon of international organisations, the words translate, translations, translator are used when the immediate result of the work is a written text; and the words inter
In sum, both the ordinary and technical meanings of “interpreter,” as well as the statutory context in which the word is found, lead to the conclusion that § 1920(6) does not apply to translators of written materials.
C
No other rule of construction compels us to depart from the ordinary meaning of “interpreter.” The Court of Appeals reasoned that a broader meaning is “more compatible with Rule 54 of the Federal Rules of Civil Procedure, which includes a decided preference for the award of costs to the prevailing party.” 633 F. 3d, at 1221. But we have never held that Rule 54(d) creates a presumption of statutory construction in favor of the broadest possible reading of the costs enumerated in § 1920. To the contrary, we have made clear that the “discretion granted by Rule 54(d) is not a power to evade” the specific categories of costs set forth by Congress. Crawford, Fitting, 482 U. S., at 442. “Rather,”
Our decision is in keeping with the narrow scope of taxable costs. “Although ‘costs’ has an everyday meaning synonymous with ‘expenses,’ the concept of taxable costs under Rule 54(d) is more limited and represents those expenses, including, for example, court fees, that a court will assess against a litigant.” 10 C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 2666, pp. 202-203 (3d ed. 1998) (hereinafter Wright & Miller). Taxable costs are limited to relatively minor, incidental expenses as is eyident from § 1920, which lists such items as clerk fees, court reporter fees, expenses for printing and witnesses, expenses for exemplification and copies, docket fees, and compensation of court-appointed experts. Indeed, “the assessment of costs most often is merely a clerical matter that can be done by the court clerk.” Hairline Creations, Inc. v. Refalas, 664 F. 2d 652, 656 (CA7 1981). Taxable costs are a fraction of the nontaxable expenses borne by litigants for attorneys, experts, consultants, and investigators. It comes as little surprise, therefore, that “costs almost always amount to less than the successful litigant’s total expenses in connection with a lawsuit.” 10 Wright & Miller §2666, at 203. Because taxable costs are limited by statute and are modest in scope, we see no compelling reason to stretch the ordinary meaning of the cost items Congress authorized in § 1920.
As for respondent’s extratextual arguments, they are more properly directed at Congress. Respondent contends that documentary evidence is no less important than testimonial evidence and that it would be anomalous to.require the losing party to cover translation costs for spoken words but not for written words. Brief for Respondent 20. Respondent also observes that some translation tasks are not entirely oral or entirely written. Id., at 20-24. One task, called “ ‘sight
Neither of these arguments convinces us that Congress must have intended to dispense with the ordinary meaning of “interpreter” in §1920(6). First, Congress might have distinguished between oral and written translation out of a concern that requiring losing parties to bear the potentially sizable costs of translating discovery documents, as opposed to the more limited costs of oral testimony, could be too burdensome and possibly unfair, especially for litigants with limited means. Cf. Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U. S. 714, 718 (1967) (noting the argument “that since litigation is at best uncertain one should not be penalized for merely defending or prosecuting a lawsuit, and that the poor might be unjustly discouraged from instituting actions to vindicate their rights if the penalty for losing included the fees of their opponents’ counsel”). Congress might also have concluded that a document translator is more akin to an expert or consultant retained by a party to decipher documentary evidence — like, for instance, a forensic accountant — than to an interpreter whose real-time oral translation services are necessary for communication between litigants, witnesses, and the court.
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Because the ordinary meaning of “interpreter” is someone who translates orally from one language to another, we hold that the category “compensation of interpreters” in § 1920(6) does not include costs for document translation. We therefore vacate the judgment of the United States Court of Ap- . peals for the Ninth Circuit and remand the case for further proceedings consistent with this opinion.
It is so ordered.
Compare BDT Products, Inc. v. Lexmark Int'l, Inc., 405 F. 3d 415, 419 (CA6 2005) (holding that document translation costs are taxable under § 1920(6) because the “definition of interpret expressly includes to ‘translate into intelligible or familiar language’ ” (quoting Webster’s Third New International Dictionary 1182 (1981))), with Extra Equipamentos E Exportando Ltda. v. Case Corp., 541 F. 3d 719, 727-728 (CA7 2008) (holding that document translation costs are not taxable under § 1920(6) because an interpreter is “normally understood [as] a person who translates living speech from one language to another”).
A handful of other contemporaneous dictionaries used a similar formulation. See Funk & Wagnalls New Comprehensive International Dictionary of the English Language 665 (1977) (“[o]ne who interprets or translates; specifically, one who serves as oral translator between people speaking different languages”); 1 World Book Dictionary 1103 (C. Barn-hart & R. Barnhart eds. 1977) (“a person whose business is translating, especially orally, from a foreign language”); Cassell’s English Dictionary 617 (4th ed. 1969) (“[o]ne who interprets, esp. one employed to translate orally to persons speaking a foreign language”).
This provision remains substantially the same as it appeared when first enacted. See 28 U. S. C. § 1827(d)(1) (1976 ed., Supp. II); see also 92 Stat. 2040.
The simultaneous mode requires the interpreter “to interpret and to speak contemporaneously with the individual whose communication is being translated.” H. R. Rep. No. 95-1687, p. 8 (1978). The consecutive mode requires the speaker whose communication is being translated to pause so that the interpreter can “convey the testimony given.” Ibid. And the summary mode “allow[s] the interpreter to condense and distill the speech of the speaker.” Ibid.; see generally Zazueta, Attorneys Guide to the Use of Court Interpreters, 8 U. C. D. L. Rev. 471, 477-478 (1975).
The dissent agrees that context should help guide our analysis, but instead of looking to the Court Interpreters Act, it looks to “the practice of federal courts both before and after § 1920(6)’s enactment.” Post, at 579 (opinion of Ginsburg, J.). The practice of federal courts after the Act’s enactment tells us nothing about what Congress intended at the time of enactment. And federal-court practice before the Act under other provisions of § 1920 tells us little, if anything, about what Congress intended when it added paragraph (6). We think the statutory context in which the word “interpreter” appears is a more reliable guide to its meaning.
Some provisions within the United States Code use both “interpreter” and “translator” together, thus implying that Congress understands the terms to have the distinct meanings described above. See, e. g., 8 U. S. C. § 1555(b) (providing that appropriations for the Immigration and Naturalization Service “shall be available for payment of . . . interpreters and translators who are not citizens of the United States”); 28 U. S. C. § 530C(b)(1)(1) (providing that Department of Justice funds may be used for “[pjayment of interpreters and translators who are not citizens of the United States”).
Our conclusion is buttressed by respondent’s concession at oral argument that there is no provision in the United States Code where it is clear that the word extends to those who translate documents. Tr. of Oral Arg. 39; see also Brief for Petitioner 32 (“And the Code is wholly devoid of any corresponding definition of ‘interpreter’ extending to the translation of written documents”). As respondent acknowledged, either the word is used in a context that strongly suggests it applies only to oral translation or its meaning is unclear. See Tr. of Oral Arg. 38.
The dissent contends that document translation, no less than oral translation, is essential “to ecpiip the parties to present their case clearly and the court to decide the merits intelligently. ” Post, at 579. But a document translator is no more important than an expert or consultant in making sense of otherwise incomprehensible documentary evidence, yet expenses
Dissenting Opinion
with whom Justice Breyer and Justice Sotomayor join, dissenting.
To be comprehended by the parties, the witnesses, and the court, expression in foreign languages must be translated into English. Congress therefore provided, in 28 U. S. C. § 1920(6), that the prevailing party may recoup compensation paid to “interpreters.” The word “interpreters,” the Court
In short, employing the word “interpreters” to include translators of written as well as oral speech, if not “the most common usage,” ante, at 568, is at least an “acceptable” usage, ibid. Moreover, the word “interpret” is generally understood to mean “to explain or tell the meaning of: translate into intelligible or familiar language or terms,” while “translate” commonly means “to turn into one’s own or an-' other language.” Webster’s 1182, 2429. See also Random House Dictionary of the English Language 744, 1505 (1973) (defining the transitive verb “interpret” as, inter alia, “to translate,” and “translate” as “to turn (something written or spoken) from one language into another”).
Notably, several Federal District Court decisions refer to translators of written documents as “interpreters.” E. g., United States v. Prado-Cervantez, No. 11-40044-11, 2011 WL 4691934, *3 (D Kan., Oct. 6, 2011) (“Standby counsel should also be prepared to arrange for interpreters to interpret or translate documents when necessary for defendant.”); Mendoza v. Ring, No. 07-3144, 2008 WL 2959848, *2 (CD Ill., July 30, 2008) (“The interpreter is also directed to translate filings by the plaintiff from Spanish to English. The original and translated versions will be docketed.”). So do
Most Federal Courts of Appeals confronted with the question have held that costs may be awarded under § 1920(6) for the translation of documents necessary to, or in preparation for, litigation. Compare 683 F. 3d 1218, 1220-1222 (CA9 2011); BDT Prods., Inc. v. Lexmark Int’l, Inc., 405 F. 3d 415, 419 (CA6 2005); Slagenweit v. Slagenweit, 63 F. 3d 719, 721 (CA8 1995) (per curiam); and Chore-Time Equip., Inc. v. Cumberland Corp., 713 F. 2d 774, 782 (CA Fed. 1983) (all holding that costs for document translation are covered by § 1920(6)), with Extra Equipamentos E Exportaȩão Ltda. v. Case Corp., 541 F. 3d 719, 727-728 (CA7 2008) (costs for document translation are not covered by §1920(6)). See also In re Puerto Rico Elec. Power Auth., 687 F. 2d 501, 506, 510 (CA1 1982) (recognizing that costs of document translation may be reimbursed, without specifying the relevant subsection of § 1920); Studiengesellschaft Kohle mbH v. Eastman Kodak Co., 713 F. 2d 128,133 (CA5 1983) (allowing document translation costs, under § 1920(4)); Quy v. Air Am., Inc., 667 F. 2d 1059, 1065 (CADC 1981) (allowing “translation costs” under § 1920(6)).
In practice, federal trial courts have awarded document translation costs in cases spanning several decades. See, e.g., Raffold Process Corp. v. Castanea Paper Co., 25 F. Supp. 593, 594 (WD Pa. 1938). Before the Court Interpreters Act added § 1920(6) to the taxation of costs statute in 1978, district courts awarded costs for document translation under § 1920(4), which allowed taxation of “[f]ees for exem
The purpose of translation, after all, is to make relevant foreign-language communication accessible to the litigants and the court. See S. Rep., at 1 (The Court Interpreters Act is intended “to insure that all participants in our Federal courts can meaningfully take part.”). Documentary evidence in a foreign language, no less than oral statements, must be translated to equip the parties to present their case clearly and the court to decide the merits intelligently. See, e. g., United States v. Mosquera, 816 F. Supp. 168, 175 (EDNY 1993) (“For a non-English speaking [party] to stand equal with others before the court requires translation [of relevant documents].”); Lockett v. Hellenic Sea Transports, Ltd., 60 F. R. D. 469, 473 (ED Pa. 1973) (“To be understood by counsel for plaintiffs and defendant, as well as for use at trial, the [ship’s] deck log had to be translated [from Greek] into the English language.”).
Similarly hard to categorize is the common court-interpreter task of listening to a recording in a foreign language, transcribing it, then translating it into English. See González 439. Although this task involves oral foreign-language communication, it does not, Taniguchi contends, qualify as “interpretation,” because it involves “the luxury of multiple playbacks of the tape and the leisure to consult extrinsic linguistic sources.” Reply Brief 9 (internal quotation marks omitted). But sight translation — which Tani-guchi concedes may be charged as “interpretation” — may sometimes involve similarly careful linguistic analysis of a written document in advance of a court proceeding. Davis & Hewitt, Lessons in Administering Justice: What Judges Need To Know About the Requirements, Role, and Professional Responsibilities of the Court Interpreter, 1 Harv. Latino L. Rev. 121,131 (1994).
Translation costs, like other costs recoverable under § 1920, may be “denied or limited” if they “were unreasonably incurred or unnecessary to the case.” 10 Moore’s Federal Practice §54.101[l][b], p. 54-158 (3d ed. 2012).
Currently, some Federal District Courts make the practice of allowing fees for translation of documents explicit in their local rules. See Rule 54-4.8 (CD Cal. 2012) (allowing “[f]ees for translation of documents . . . reasonably necessary to the preparation of the ease”); Rule 54.1(b)(7)(B) (Guam 2011) (same); Rule 54.1(c)(7) (Idaho 2011) (allowing reasonable fee if the “document translated is necessarily filed or admitted in evidence”); Rule 54.4(7) (MD Pa. 2011) (same); Rule 54.1(e)(7) (Ariz. 2012) (same); Rule 54.1(b)(4)(e) (SD Cal. 2012) (same); Rule 54.1(g)(2) (NJ 2011) (same); Rule 54-5(d) (Nev. 2011) (same); Rule 54.2(d) (NM 2012) (allowing translator’s fee if the translated document is admitted into evidence); Rule 54.1(c)(4) (SDNY 2012) (allowing reasonable fee if translated document “is used or received in evidence”); Rule 54.1(e)(4) (EDNY 2012) (same). See also Rule 54.03(F)(1)(e) (SC 2012) (allowing costs of certain document translations under §1920(4)); Rule 54.1(b)(5) (Del. 2011) (same); Rule 54(c)(3)(i) (Conn. 2011) (same); Mise. Order, Allowable Items for Taxation of Costs ¶7 (ND Fla. 2007) (allowing “fee of a competent translator of a non-English document that is filed or admitted-into evidence”); Taxation of Costs Guidelines, 11(H) (PR 2009) (allowing fees for translation of documents filed
Noteworthy, other paragraphs Congress placed in § 1920 cover written documents. See 28 U. S. C. §1920(2) (2006 ed., Supp. IV) (“[f]ees for printed or electronically recorded transcripts”); §1920(3) (2006 ed.) (“[flees and disbursements for printing and witnesses”); §1920(4) (2006 ed., Supp. IV) (“[f]ees for exemplification and the costs of making copies of any [necessary] materials”). Nothing indicates that Congress intended paragraph (6), unlike paragraphs (2)-(4), to apply exclusively to oral communications.
The Court also observes that “[t]axable costs are limited to relatively minor, incidental expenses.” Ante, at 573. The tab for unquestionably allowable costs, however, may run high. See, e. g., In re Ricoh Co., Patent Litigation, No. C 03-02289, 2012 WL 1499191, *6 (ND Cal., Apr. 26,2012) (awarding $440,000 in copying costs); Jones v. Halliburton Co., No. 4:07-cv-2719, 2011 WL 4479119, *2 (SD Tex., Sept. 26, 2011) (awarding $57,300 in fees for court-appointed expert). Translation costs, on the other hand, are not inevitably large. See Brief for Respondent 26-27, n. 12 (listing, inter alia, 21 translation costs awards of less than $13,000, of which at least 14 were less than $3,000).
