Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts
Uniform Rules for N.Y.S. Trial Courts
|PART 217. Access To Court Interpreter Services for Persons With Limited English Proficiency|
§217.1 Obligation to appoint interpreter in court proceedings in the trial courts.
(a) In all civil and criminal cases, when a court determines that a party or witness, or an interested parent or guardian of a minor party in a Family Court proceeding, is unable to understand and communicate in English to the extent that he or she cannot meaningfully participate in the court proceedings, the clerk of the court or another designated administrative officer shall schedule an interpreter at no expense from an approved list maintained by the Office of Court Administration. The court may permit an interpreter to interpret by telephone or live audiovisual means. If no pre-approved interpreter is available, the clerk of the court or another designated administrative officer shall schedule an interpreter at no expense as justice requires. This rule shall not alter or diminish the court's authority and duty to assure justness in proceedings before it.
(b) A person with limited English proficiency, other than a person testifying as a witness, may waive a court-appointed interpreter, with the consent of the court, if the person provides his or her own interpreter at his or her own expense.
§217.2 Provision of interpreting services in clerk's offices.
A court clerk shall provide interpreting services at no expense to a person with limited English proficiency seeking assistance at the court clerk's office in accordance with the needs of the person seeking assistance and the availability of court interpreting services. Such services may be provided by telephone or live audiovisual means.
Added Section 217 on Oct. 16, 2007
Amended 217.1 (a) effective May 1, 2015
Amended 217.1 & 217.2 Amended May 23, 2015, effective June 1, 2016