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N.D.R.Ev. 604

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

Rule 604 Interpreter

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Rule Text

An interpreter must be qualified and must give an oath or affirmation to make a true translation.

Amendment history: (Adopted Mar. 1, 1990; amended Mar. 1, 2014.)

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

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

If someone in a court case needs help understanding or speaking English (or needs help because of a hearing or speech disability), the court will bring in an interpreter. That person can't just show up and start translating. They first have to prove they're actually qualified to do the job.

The interpreter also has to take an oath or make a formal promise before they begin. This promise is that they will translate everything accurately and honestly, without changing or leaving out any part of what's said.

This rule exists to protect everyone in the case. It makes sure that what a witness or party actually says gets communicated correctly to the judge, jury, and lawyers. Without a qualified, sworn interpreter, there's a real risk that testimony could get twisted or misunderstood, which could unfairly affect the outcome of the case.

Committee Notes

Rule 604 was amended, effective March 1, 1990; March 1, 2014.

This rule includes within the Rules of Evidence that which exists in North Dakota law. N.D.C.C. § 31-01-11 provides for the appointment of interpreters and for their oath while N.D.C.C. ch. 28-33 provides additional standards for interpreters for deaf persons.

Rule 604 was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.

Rule 604 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. 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. There is no intent to change any result in any ruling on evidence admissibility.

SOURCES: Joint Procedure Committee Minutes of September 27, 2012, pages 5-6; April 26-27, 2012, pages 22-23; March 24-25, 1988, page 12; December 3, 1987, page 15; April 8, 1976, page 27. Fed.R.Ev. 604; Rule 604, SBAND proposal.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. ch. 28-33; §§ 31-01-11, 31-01-12.

Cross Reference: N.D.R.Civ.P. 43 (Evidence); N.D.R.Crim.P. 28(Interpreters); N.D.R.Ct. 6.10 (Courtroom Oaths); N.D.Sup.Ct.Admin.R. 50 (Court Interpreter Qualifications and Procedures).

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