International litigation frequently involves the application of foreign (non-English) languages with which courts and juries may not be familiar. When these unfamiliar languages are used in documents, they must be translated if they are to be used in the litigation. The costs of translating documents can be heavy, sometimes amounting to hundreds of thousands of dollars or more in a single case.
May some or all of these costs be recouped as taxable costs by the prevailing party in federal courts? The U.S. Supreme Court recently granted certiorari on the question of whether costs incurred in translating written documents are “compensation of interpreters” for purposes of taxation of costs under 28 USC §1920(6). Taniguchi v. Kan Specific Saipan, Ltd., 633 F.3d 1218 (9th Cir. 2011), cert. granted Sept. 27, 2011.
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