Ct. Inte. & Tran. R. 47.1

As amended through May 24, 2024
Rule 47.1 - Definitions

As used in this chapter:

(1)Certified deaf interpreter (CDI). A "CDI" is an interpreter who is deaf, has obtained a Certified Deaf Interpreter certificate or a Certified Legal Interpreter Provisional-Relay (CLIP-R) certificate from the Registry for Interpreters for the Deaf (RID), and who provides interpreting services to deaf persons with linguistic differences that prevent them from fully utilizing a traditional American Sign Language (ASL) interpreter.
(2)Court interpreter or interpreter. A "court interpreter" or "interpreter" means an oral or sign language interpreter who transfers the meaning of spoken or written words or signs into the equivalent meaning in another oral or sign language during a legal proceeding.
(3)Court-ordered program. A "court-ordered program" is a predisposition program in which a court has ordered a party to participate.
(4)Court personnel. "Court personnel" includes clerk of court staff and district court administration staff.
(5)Court proceeding. A "court proceeding" is any action before a state court judicial officer that has direct legal implications for any person.
(6)Legal proceeding. A "legal proceeding" includes any court proceeding, any deposition conducted in preparation for a court proceeding, any case settlement negotiation in an existing court case, and any attorney-client communication necessary for preparation for a court proceeding in an existing court case.
(7)Limited English proficient (LEP) participant or person. An "LEP participant" or "LEP person" has a limited ability to speak, read, write, or understand English because the person's primary language is not English or because the person is deaf, deaf-blind, or hard-of-hearing.
(8)Participant in a legal proceeding. A "participant in a legal proceeding" is any of the following: a party or witness in a court or legal proceeding; a party participating in a court-ordered program; a parent, guardian, or custodian of a minor party involved in a juvenile delinquency proceeding; a deaf, deaf-blind, or hard-of-hearing attorney; or a deaf, deaf-blind, or hard-of-hearing person summoned for jury duty or grand jury duty.
(9)Reasonably available interpreter. Subject to the exceptions identified in rule 47.3(6), a "reasonably available interpreter" is an interpreter available and willing to provide in-person services at the time and location of the legal proceeding and who resides within 150 miles of the location where the legal proceeding will occur. A reasonable distance could be more than 150 miles when an interpreter of an uncommon language is needed or the case could result in serious consequences for one of the parties, including but not limited to termination of parental rights, a sentence to serve time in a state correctional facility, or substantial financial damages.
(10)Translator. A "translator" accurately transfers the meaning of written, oral, or signed words and phrases in one language into the equivalent meaning in written words and phrases of a second language, or accurately produces a written transcript in English of electronically recorded testimony or other court communication in which one or more of the participants has limited English proficiency.

Ct. Inte. & Tran. R. 47.1

Court Orders December 22, 2003, April 26, 2004, and September 16, 2004, effective 11/1/2004; 8/28/2006, effective 10/1/2006; 2/14/2008, effective 4/1/2008; 12/4/2014, effective 7/1/2015; court order September 14, 2021, effective 10/1/2021.