TITLE SIX — TRIAL
Rule 31. Interpreters; Court-Appointed Experts
Appointment of an Interpreter. On the motion of a party or a witness, or on its own, the court may appoint an interpreter where a party, a witness, or another participant cannot readily understand or be understood in the language in which the proceeding is conducted, or by reason of a disability affecting communication. The court shall appoint an interpreter where the ability of a party to understand the proceeding, or of a witness to give intelligible testimony, would otherwise be materially impaired.
Qualification. The court shall determine whether a proposed interpreter is qualified by knowledge, skill, experience, or training to interpret in the proceeding, and shall state its determination upon the record. A party may examine a proposed interpreter upon qualification and may object. The following shall not serve as an interpreter in an action: a party; an attorney of record; a person expected to be called as a witness; and a person having an interest in the outcome, unless every party consents upon the record and the court finds that no other qualified interpreter is reasonably available.
Oath. Before serving, an interpreter shall take an oath or affirmation, administered as Rule 30(3) provides, to make a true, complete, and impartial interpretation to the best of the interpreter’s ability, and to refrain from disclosing any privileged communication learned in the course of the service.
Duties.
Manner of Interpreting. An interpreter shall interpret in the first person, completely and accurately, without addition, omission, summary, explanation, or comment, and shall preserve the register and tone of the statement interpreted so far as the languages permit.
Communication With the Witness. An interpreter shall not converse with a witness except as necessary to render an accurate interpretation, and shall disclose upon the record the substance of any such conversation.
Disclosure of Inability. An interpreter who is unable to interpret a term or passage accurately, or who becomes aware of any circumstance impairing impartiality, shall so state upon the record at once.
Confidentiality. An interpreter who interprets a communication between a party and that party’s attorney shall not disclose it, and the communication remains privileged under Rid. R. Evid. 503.
Objection to the Interpretation. A party who objects to the accuracy of an interpretation shall state the objection and its ground when the matter objected to is interpreted, or as soon thereafter as the ground becomes known. The court shall rule upon the objection, and may direct that the matter be interpreted again, may take testimony upon the accuracy of the interpretation, or may appoint a different interpreter. The interpreted statement, the objection, and the ruling are part of the record.
Compensation of an Interpreter. The court shall fix the reasonable compensation of an interpreter it appoints and shall direct which party or parties shall pay it and in what proportion. Compensation so fixed may be taxed as costs and recovered by the party recovering judgment as provided by 7 R. Stat. § 132.203 and Rule 41. Where a party is unable to pay, the court may direct that the compensation be paid from funds provided by law or may waive it as Rule 6.1 provides.
Relation to the Rules of Evidence. The qualification and function of an interpreter as a witness are governed by Rid. R. Evid. 604, and this rule prescribes the procedure by which the court appoints, qualifies, swears, and compensates one.
Appointment of an Expert by the Court.
When Made. On the motion of a party or on its own, the court may appoint an expert as Rid. R. Evid. 706(1) provides. Before appointing, the court shall afford the parties an opportunity to show cause why an expert should not be appointed, to nominate persons for appointment, and to be heard upon the scope of the appointment.
Consent of the Expert. A person shall not be appointed without that person’s consent unless required by law to accept the appointment.
Order of Appointment. The court shall enter an order upon the docket naming the expert, defining the expert’s duties, stating the questions upon which the expert is to report, fixing the time for the report, and stating the compensation and by whom it is to be paid.
Duties of a Court-Appointed Expert. An expert appointed by the court:
shall be informed of the expert’s duties by the order of appointment, and shall perform them impartially;
shall advise every party of any finding the expert makes, by a report filed through the electronic filing system, which is served upon every participant when it is accepted for filing;
may be called to testify by the court or by any party; and
is subject to cross-examination by every party, including the party that called the expert.
Communications With a Court-Appointed Expert. No party or attorney shall communicate with a court-appointed expert concerning the merits of the action otherwise than in the presence of every other party, in the proceeding communications, or by a filing served through the electronic filing system, except as the order of appointment permits. A violation is subject to Rule 27(7)(k).
Compensation of a Court-Appointed Expert. The court shall fix the reasonable compensation of an expert it appoints and shall direct by whom and in what proportion it shall be paid. Compensation so fixed may be taxed as costs, and fees for expert witnesses are recoverable as court costs as provided by 7 R. Stat. §§ 132.201 and 132.203 and Rule 41. The Clerk shall record the costs assessed as 7 R. Stat. § 132.202 requires.
Disclosure of the Appointment. The fact that the court appointed an expert shall not be disclosed to a jury, as Rid. R. Evid. 706(2) provides. In an action tried to the court or with an advisory jury, the court shall state upon the record that the expert was appointed by the court.
Parties’ Own Experts. This rule does not limit a party in retaining or calling that party’s own experts, as Rid. R. Evid. 706(3) provides. The disclosure of an expert a party expects to call is governed by Rule 19(2)(b) and Rule 19.1; the admissibility of expert testimony by Rid. R. Evid. 702 through 705.
Removal; Substitution. On motion or on its own, and for good cause, the court may relieve an interpreter or a court-appointed expert of the appointment and may appoint another. Good cause includes partiality, incapacity, a conflict of interest arising after appointment, and failure to perform the duties fixed by the order of appointment.