TITLE SIX — WITNESSES
Rule 604. Interpreters
When an Interpreter Is Provided. The court shall provide for an interpreter, on the motion of a party or on its own, where a party, a witness, or a person entitled to be present cannot readily understand the proceeding, or cannot readily be understood, by reason of an inability to comprehend or communicate in the language or the manner in which the proceeding is being conducted, or by reason of a hearing, speech, or other communication impairment. The right of a person accused to be heard, to demand the cause and nature of the accusation, to be confronted with the witnesses, and to call for evidence in that person’s favor, secured by Const. art. I § 6, cannot be exercised by a person who does not understand the proceeding, and this rule shall be construed to that end.
Appointment; Compensation. The court appoints an interpreter as Rid. R. Crim. P. 41 provides in a criminal proceeding and as Rid. R. Civ. P. 31 provides in a civil action, and determines and directs the payment of reasonable compensation for the interpreter’s services. In a civil action, the compensation of an interpreter is taxable as a cost under Rid. R. Civ. P. 41. In a criminal proceeding, the compensation of an interpreter provided for a defendant shall not be assessed against the defendant.
Qualification.
Standard. An interpreter must be qualified. An interpreter is qualified who possesses, by knowledge, skill, experience, training, or education, the ability to render accurately and completely, from one language or mode of communication into another, what is said in the proceeding.
Determination. Qualification is a preliminary question for the court under Rule 104(1). The court may examine a proposed interpreter, and shall permit each party a reasonable opportunity to examine the proposed interpreter upon qualification and upon the grounds of disqualification stated in subdivision (5), before the interpreter is sworn.
Record. The court shall state upon the record the name or username of the interpreter, the languages or modes of communication between which the interpreter is to render, and the finding of qualification.
Oath or Affirmation of the Interpreter.
Requirement. Before acting, an interpreter must give an oath or affirmation to make a true interpretation. The oath is administered by a person authorized by Rule 603(5) to administer an oath.
Form. The oath or affirmation shall be in substantially the following form: “Do you solemnly swear (or affirm) that you will interpret accurately, completely, and impartially, that you will use your best skill and judgment to make a true interpretation to the witness of every question and statement addressed to the witness and a true interpretation to the court of every answer and statement of the witness, and that you will not disclose any communication made to you in your capacity as interpreter except as the court orders? (If an oath) So help you God. (If an affirmation) Under the pains and penalties of perjury.”
Standing Oath. An interpreter who has been sworn in a proceeding need not be resworn upon a later appearance in the same proceeding, but shall be reminded upon the record that the interpreter remains under oath.
Perjury. An interpreter who, having taken the oath, wilfully renders as true a material matter the interpreter does not believe to be true is subject to prosecution under R.C.C. § 2.10.
Disqualification. The following persons shall not serve as an interpreter in a proceeding:
a party, an attorney of record, or an attorney appearing in the proceeding;
a person who is or is expected to be a witness to the facts in issue;
a juror or a grand juror;
a law enforcement officer who participated in the investigation or arrest giving rise to the proceeding, or an employee of the prosecuting office, where the interpretation is for a defendant or a witness called by a defendant;
a person having an interest in the outcome of the proceeding such that the person’s impartiality may reasonably be questioned; and
a person related to, employed by, or under the direction of a party, except upon the consent of every party stated upon the record and a finding by the court that no other qualified interpreter is reasonably available and that the interests of justice will be served.
Mode of Interpretation.
Faithfulness. An interpreter shall render every question, answer, and statement completely and accurately, without addition, omission, explanation, summary, or characterization, preserving the register and tone of the speaker so far as the languages or modes of communication permit.
First Person. An interpreter shall render the statements of a witness in the first person, and shall speak or write of the interpreter’s own conduct in the third person.
No Independent Communication. An interpreter shall not converse with a witness, a party, a juror, or a member of the public on any matter, shall not advise any person, shall not answer a question directed to the witness, and shall not correct or supply testimony. An interpreter shall not disclose a communication interpreted in a privileged setting, and the interpretation of a privileged communication does not waive the privilege under Rule 509.
Difficulty. An interpreter who is unable to render a statement accurately, who requires a repetition or clarification, or who becomes aware of an error already made, shall so state upon the record at once and shall address the court directly for that purpose. The court shall permit the correction to be made upon the record.
Simultaneous and Consecutive Rendition. The court shall direct whether interpretation is to be made simultaneously or consecutively, and may direct that examination proceed at a pace which permits accurate rendition. A direction under this subdivision is not a limitation upon the right secured by Rule 611(2)(b).
Interpretation in the Proceeding Communications.
Manner. Where the proceeding is conducted in the proceeding communications, the interpreter shall be admitted to the channel, shall be identified upon the record by username, and shall post each rendition immediately following the statement rendered, marked so that the rendition is distinguishable from the statement of the speaker.
Record of Both. Both the original statement and the rendition remain upon the record of the proceeding. The rendition is the testimony for the purposes of these rules; the original statement is retained so that the accuracy of the rendition may be reviewed.
Objection to Accuracy. An objection to the accuracy of a rendition shall be made contemporaneously and shall state the respect in which the rendition is claimed to be inaccurate. The court shall resolve the objection upon the record and may direct that the rendition be made again, may examine the interpreter, may receive evidence from a second qualified interpreter, and may strike the rendition.
Interruption. Where the interpreter’s participation fails during testimony, the court shall suspend the examination until interpretation is restored. Testimony given while interpretation is unavailable to a person entitled to it under subdivision (1) shall be repeated or stricken.
Interpreter for a Person with a Communication Impairment. An interpreter appointed for a person with a hearing, speech, sight, or other communication impairment is subject to this rule in every respect. The court may direct that the proceeding, or a part of it, be conducted in writing in the proceeding communications, that a statement be transcribed, or that any other reasonable accommodation be made which permits the person to understand the proceeding and to be understood.
Interpretation Outside Trial. This rule applies to the taking of testimony wherever it occurs, including a deposition taken under Rid. R. Civ. P. 23 or 24, a probable cause hearing, a grand jury proceeding, an expungement hearing, a hearing before the Administrative Court, and any proceeding conducted in the game environment. In a grand jury proceeding, an interpreter is a person present at the session by leave of the presiding judge, is bound by the secrecy imposed by 6 R. Stat. § 131.110, and shall be sworn by the foreperson or the assigned state attorney as 6 R. Stat. § 131.108 provides.
Automated Translation. A rendition produced by an automated translation service is not an interpretation within the meaning of this rule and shall not be received as testimony. Such a rendition may be offered as evidence of the content of a communication only upon a showing that satisfies Rule 901(2)(g), and the court shall consider its reliability under Rule 403 before receiving it. Nothing in this subdivision prevents an interpreter from consulting an automated aid in preparing a rendition for which the interpreter takes responsibility under the oath.
Interpreter as Witness. An interpreter may be called to testify to the accuracy of a rendition, to the circumstances under which it was made, or to the interpreter’s qualification. An interpreter so called is a witness for every purpose of this Title and shall be sworn under Rule 603. An interpreter who is called to testify to the facts in issue is disqualified from further service in the proceeding under subdivision (5)(b).
Duty of Counsel. A party who knows or reasonably should know that a party, a witness the party intends to call, or a person entitled to be present will require an interpreter shall inform the court at the earliest practicable time, and in a civil action not later than the pre-trial conference held under Rid. R. Civ. P. 13. The failure to give such notice is a ground for a continuance under Rid. R. Crim. P. 10 and shall not be a ground for excluding the testimony.