RULE No. 38 – APPOINTMENT OF A FOREIGN LANGUAGE INTERPRETER OR SIGN LANGUAGE INTERPRETER

(A) When appointment of a foreign language interpreter is required.

The court will appoint a foreign language interpreter, in a case or court function, in either of the following situations:

(1) A party or witness who is limited English proficient or non-English speaking requests a foreign language interpreter and the court determines the services of the interpreter are necessary for the meaningful participation of the party or witness;

(2) Absent a request from a party or witness for a foreign language interpreter, the court concludes the party or witness is limited English proficient or non-English speaking and determines the services of the interpreter are necessary for the meaningful participation of the party or witness.

(B) When appointment of a sign language interpreter is required.

(1) The court will appoint a sign language interpreter in a case or court function in either of the following situations:

(a) A party, witness, or juror who is deaf, hard of hearing, or deaf blind requests a sign language interpreter.

(b) Absent a request from a party, witness, or juror for a sign language interpreter, the court concludes the party, witness, or juror is deaf, hard of hearing, or deaf blind and determines the services of the interpreter are necessary for the meaningful participation of the party, witness, or juror.

(2) When appointing a sign language interpreter pursuant to division (B)(1) of this rule, the court shall give primary consideration to the method of interpretation chosen by the party, witness, or juror, in accordance with division (b)(2) of part 35.160 of title 28 of the Code of Federal Regulations, as amended.

(3) No deposit, fee or cost shall be charged to a party for the appointment of, or services provided by, a sign language interpreter.

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