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N.D.R.Crim.P. 28

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 28 Interpreters

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Rule Text

If a person with limited English proficiency or a deaf person is involved in a proceeding as a defendant, witness, person with legal decision-making authority, or person with a significant legal interest in the matter, the court must provide an interpreter.

Amendment history: (Adopted Oct. 17, 1972; amended Mar. 1, 2006, Mar. 1, 2014, Aug. 1, 2015.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When someone in a criminal case does not speak English well or is deaf, the court has to give them an interpreter. This applies whether the person is the defendant, a witness, someone making legal decisions in the case, or someone else with a real stake in the outcome.

The point of this rule is simple. Everyone involved in a court case needs to understand what's happening and be able to communicate clearly. If a language barrier or hearing barrier gets in the way, the court steps in to provide help so the person isn't left confused or shut out of the process.

This means the court, not the individual, is responsible for arranging and paying for the interpreter. People should not have to bring their own interpreter or struggle through a hearing without one. If you or someone you know needs an interpreter for a court case, you can ask the court to provide one.

Committee Notes

Rule 28 was amended, effective March 1, 2006; March 1, 2014. The explanatory note was amended August 1, 2015.

Rule 28 was amended, effective March 1, 2014, to reflect the American Bar Association Standards for Language Access in Courts.

Former subdivision (a) provided for the appointment of expert witnesses. This provision was deleted, effective March 1, 2006, because N.D.R.Ev. 706 covers the topic of court-appointed expert witnesses in detail.

Rule 28 permits the court to appoint interpreters in appropriate circumstances. The purpose of the rule is to assist non-English-speaking or deaf defendants witnesses, persons with legal decision-making authority, or persons with a significant legal interest in the matter in understanding the proceedings or in communicating with assigned counsel. N.D.Sup.Ct.Admin.R. 50 (Court Interpreter Qualifications and Procedures) provides guidance on interpreter qualifications and requirements and detailed information on payment for interpreter services.

Rule 28 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

SOURCES: Joint Procedure Committee Minutes of Joint Procedure Committee Minutes of January 29-30, 2015, pages 8-10; September 25-26, 2014, pages 20-24; April 25-26, 2013, pages 16-18; January 31-February 1, 2013, pages 12-15; January 27-28, 2005, pages 22-23; October 17-20, 1972, pages 32-33; February 20-21, 1969, pages 4-5; Fed.R.Crim.P. 28.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. §§ 31-01-11; 31-01-12

CONSIDERED: N.D.C.C. §§ 28-26-06, ch. 28-33.

CROSS REFERENCE: N.D.R.Ev. 604 (Interpreters), N.D.R.Ev. 706 (Court Appointed Experts); N.D.R.Ct. 6.10 (Courtroom Oaths); N.D. Sup. Ct. Admin. R. 50 (Court Interpreter Qualifications and Procedures).

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