Requesting Interpreter for Court Proceedings and Depositions in New York

What Are the Rules on Requesting Interpreter for Court Proceedings and Depositions?

Background

Interpreters for Court Proceedings

The court system provides foreign language interpreters and sign interpreters for non-English speaking persons and those who are hearing impaired, free of charge, to insure that parties can clearly understand proceedings and are able to effectively participate in court programs and services. (See http://ww2.nycourts.gov/COURTINTERPRETER/faqs.shtml)

Interpreters for Depositions

N.Y. C.P.L.R. § 3114 provides:

If the witness to be examined does not understand the English language, the examining party must, at his own expense, provide a translation of all questions and answers. Where the court settles questions, it may settle them in the foreign language and in English. It may use the services of one or more experts whose compensation shall be paid by the party seeking the examination and may be taxed as a disbursement. (Id.)

How to Structure the Motion

No motion is required. A letter addressed to opposing counsel or trial judge informing them of the need for an interpreter will suffice.

The Court’s Decision

In Ozen v. Yilmaz, the defendant asserted that he does not understand the English language and that he required the services of an interpreter at any examination before trial. (Ozen v. Yilmaz (1992) 181 A.D.2d 666, 667.) He contended that under CPLR 3114, the plaintiff was required to pay for the interpreter and that the court erred in directing him and his codefendant to pay the interpreter's expenses. (Id.) The court of appeals held that the trial court “did not improvidently exercise its discretion when it shifted the burden for paying the costs of the interpreter from the plaintiff to the defendants.” (Id., citing Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3114:1, at 540; 3A Weinstein-Korn-Miller, N Y Civ Prac ¶ 3114.01; see also, Castagnazzi v Schlecker, 159 A.D.2d 533).

In re Estate of Cherny, citing to Ozen regarding the use and necessity of interpreters and translation, explained that “the first sentence of CPLR 3114 provides that ‘if the witness to be examined does not understand the English language, the examining party must, at his own expense, provide a translation of all questions and answers.’” (In re Estate of Cherny (2019) File No.: 2016-2855/A, at *1 citing Ozen v Yilmaz (1992) 181 A.D.2d 666.) Further, the court held that this provision, as all disclosure provisions of CPLR article 31, must be viewed in light of the court's broad discretion under CPLR 3103(a) to regulate the “use of any disclosure device. (Id.)

Thus, in Cherny, where the petitioner moved the court “to deny respondent's request that the petitioner bear the cost of the interpreter for respondent's deposition,” the court “[did] not find a sufficient basis to shift the burden of payment for an interpreter for respondent's deposition to the respondent.” (In re Estate of Cherny, supra at 1.) The court held that “while the respondent admitted to ‘understanding the English language’, it [was] clear the use of the word ‘understanding’ [includes] complex legal concepts, procedure, and vernacular outside a lay persons conversations.” (Id.) “Further, based on the respondent's counsel having employed an interpreter in explaining these concepts to his client as they relate to the underlying proceeding, the use of an interpreter [was found to be] within the terms of the statute.... Therefore, the translator provided [is] at the expense of the petitioner.” (Id.)

Documents for Requesting Interpreter for Court Proceedings and Depositions in New York

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New York State Office Of Victim Services On Behalf Of Jean Gomez v. Ramon Hernandez document preview

PETITION

9 pages

FILED: ALBANY COUNTY CLERK 04/23/2024 04:31 PM INDEX NO. 903967-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY In the Matter of the Application of the NEW YORK STATE OFFICE OF VICTIM SERVICES, on behalf of JEAN GOMEZ, the crime victim, and all other victims of respond…

Case Name New York State Office Of Victim Services On Behalf Of Jean Gomez v. Ramon …