Rule 9-3 Interpreters

(a) In all actions before the Court, either the party or the party's attorney shall provide the Court reasonable notice of the need for a qualified interpreter, if known, before any hearing, trial, or other court proceeding. For purposes of this rule, "reasonable notice" means at least five days before the date the interpreter is needed. Such notice shall be filed and shall comply with any other service requirements established by the Court. The notice of the need for a qualified interpreter shall —

(1) designate the participants in the proceeding who will need the services of an interpreter;

(2) estimate the length of the proceeding requiring the interpreter;

(3) state whether the interpreter will be needed for all proceedings in the case; and

(4) indicate each language, including sign language for the Deaf or Hard of Hearing, for which the interpreter is required.

(b) Upon receipt of notice of the need for a qualified interpreter, the Court shall make a diligent effort to locate and appoint a licensed interpreter at the Court's expense and in accordance with the Supreme Court of Georgia's Rules on the Use of Interpreters for Non-English Speaking and Hearing Impaired Persons. If the Court determines that the nature of the case (e.g., an emergency) warrants the use of a non-licensed interpreter, then the Court shall follow the procedures outlined in the Supreme Court of Georgia's Commission on Interpreters' ("COI") Instructions for Use of a Non-Licensed Interpreter. If a non-licensed interpreter is used initially, the Court shall make a diligent effort to ensure that a licensed interpreter is appointed for all subsequently scheduled proceedings, if one is available.

(c) If a party or party's attorney fails to timely notify the Court of a need for an interpreter, the Court may assess costs against that party for any delay caused by the need to obtain an interpreter unless that party establishes good cause for the delay. If timely notice is not provided or on other occasions when it may be necessary to utilize an interpreter not licensed by the COI, the Registry of Interpreters of the Deaf ("RID"), or another industry-recognized credentialing entity (such as a telephonic language service or a less qualified interpreter), the Court will weigh the need for immediacy in conducting a hearing against the potential compromise of due process, or the potential of substantive injustice, if interpreting is inadequate. Unless immediacy is a primary concern, some delay may be more appropriate than the use of an interpreter not licensed by the COI, RID, or another industry-recognized credentialing entity.

(d) Regardless of whether a party or party's attorney notifies the Court of the need for an interpreter, the Court shall appoint an interpreter if it becomes apparent from the Court's own observations or from disclosures by any other person that a participant in a proceeding is unable to hear, speak, or otherwise communicate in the English language to the extent reasonably necessary to meaningfully participate in the proceeding.

(e) If the time or date of a proceeding is changed or canceled by the parties, and interpreter services have been arranged by the Court, the party that requested the interpreter shall notify the Court at least 24 hours in advance of the change or cancellation. If a party fails to timely notify the Court of a change or cancellation of interpretation services, the Court may assess any reasonable interpreter expenses it may have incurred on such party, unless the party can show good cause for the failure to provide timely notice.