TITLE SIX — SUPPLEMENTARY PROCEEDINGS; SPECIAL PROCEEDINGS; SUPPLEMENTARY RULES
Rule 41. Interpreters and Experts
Appointment Generally. The judge may appoint an interpreter or expert if justice so requires and may determine the reasonable compensation for such services and direct payment therefor. The appointment shall be by order entered upon the docket, stating the person appointed by username, the function for which the person is appointed, the duties of the appointee, and the source and measure of compensation.
When an Interpreter Shall Be Appointed. The court shall appoint an interpreter where a defendant, a party, or a witness cannot readily understand or communicate in the language in which the proceeding is conducted, or has a hearing or speech impairment such that the person cannot readily understand the proceeding or be understood in it. The right of the defendant to be heard, to be informed of the cause and nature of the accusation, and to be confronted with the witnesses under Const. art. I § 6 is not satisfied where the defendant cannot understand the proceeding.
Determination of Need. The court shall inquire on the record whenever it appears, from the request of a party, from the statement of counsel, or from the court’s own observation, that an interpreter may be required. The court shall state its findings on the record. The refusal to appoint an interpreter is reviewable.
Qualification and Oath. Before serving, an interpreter shall be found by the court to be able to make a true interpretation, and shall be sworn or shall affirm to make a true interpretation of the proceedings and of the statements of the person for whom the interpreter is appointed, as Rid. R. Evid. 604 and 603 provide.
Disqualification. A party, counsel to a party, a witness in the proceeding, a law enforcement officer who participated in the investigation or the arrest, and a person having an interest in the outcome shall not serve as an interpreter. The court may permit any other person to serve upon stipulation of the parties and a finding of ability under subdivision (4).
Manner of Interpretation.
Testimony. The interpretation of testimony shall be complete and contemporaneous. The interpreter shall interpret in the first person, shall not summarize, and shall not answer for the witness.
Proceeding Communications. Where the proceeding is conducted in the proceeding communications, the interpretation shall be posted in that channel so that it forms part of the record of the proceeding.
Consultation with Counsel. The court shall afford the defendant the assistance of the interpreter for confidential consultation with counsel during the proceeding. Such consultation is privileged and shall not be posted in the proceeding communications, and the interpreter shall not disclose it.
Correction. A party may object to an interpretation. The objection shall be stated on the record when the interpretation is made or as soon thereafter as the ground becomes known. The court shall resolve the objection on the record and may direct the interpreter to restate the interpretation or may appoint a different interpreter.
Court-Appointed Experts.
Appointment. The court, on its own initiative or on the motion of a party, may appoint an expert. Unless required by law to accept the assignment, the person selected may decline it, as Rid. R. Evid. 706 provides.
Selection. The court shall afford the parties an opportunity to be heard upon the selection and may direct the parties to submit nominations.
Duties. The court shall inform the appointee of the appointee’s duties by the order of appointment or on the record in the proceeding communications. The order shall state the questions submitted to the expert and any materials the expert is authorized to examine.
Report. The appointee shall report findings to the court in writing. The report shall be filed and shall be served upon every party.
Examination. Every party may depose the appointee as Rule 14 permits, may call the appointee as a witness, and may cross-examine the appointee, including the party who requested the appointment.
Disclosure to a Jury. The fact that the court appointed the expert shall not be disclosed to a jury, as Rid. R. Evid. 706(2) provides.
Ex Parte Communication. No party, and no counsel, shall communicate with a court-appointed expert concerning the subject of the appointment except upon notice to every other party or as the order of appointment permits.
The Parties’ Own Experts. This rule does not limit a party in retaining and calling that party’s own expert.
Compensation.
Determination. The court shall determine reasonable compensation for an interpreter or an appointed expert and shall direct payment.
Indigent Defendant. Where the appointment is made for a defendant found to be indigent or indigent but able to contribute, compensation shall be paid at the expense of the State and shall not be assessed against the defendant. Where the defendant is indigent but able to contribute, the court may direct a contribution proportioned to the defendant’s ability to pay.
Apportionment. In every other case the court may apportion the compensation among the parties or assess it as costs against a party, and may reconsider the apportionment at the conclusion of the proceeding.
Interpretation Not a Cost of Conviction. The compensation of an interpreter appointed for a defendant shall not be assessed against the defendant upon conviction.
Record. The order of appointment, the oath of the interpreter, the report of an appointed expert, and any order fixing compensation shall be entered upon the docket.