A person who serves as an interpreter or translator in any action is subject to all the rules of law relating to witnesses.
Chapter 4Interpreters and Translators
Section § 750
If you're working as an interpreter or translator in a legal case, you have to follow the same legal rules as any witness would.
interpreter translator legal action witness rules court proceedings legal testimony language assistance court interpreter translator duties witness obligations legal responsibilities interpreter conduct translator conduct legal process witness laws
Section § 751
This law ensures that interpreters and translators involved in legal proceedings in California must take an oath to accurately translate or interpret communications in the courtroom. Interpreters must translate both to the witness and the court with accuracy and impartiality. If an interpreter is translating for someone who is deaf or hard-of-hearing, they must inform the court if they are not able to adhere to their oath. Translators dealing with written materials must also commit to translating documents accurately into English. Interpreters and translators employed by the court can file a standard oath to cover all future proceedings unless revoked by the court.
(a)CA Evidence Code § 751(a) An interpreter shall take an oath that he or she will make a true interpretation to the witness in a language that the witness understands and that he or she will make a true interpretation of the witness’ answers to questions to counsel, court, or jury, in the English language, with his or her best skill and judgment.
(b)CA Evidence Code § 751(b) In any proceeding in which a deaf or hard-of-hearing person is testifying under oath, the interpreter certified pursuant to subdivision (f) of Section 754 shall advise the court whenever he or she is unable to comply with his or her oath taken pursuant to subdivision (a).
(c)CA Evidence Code § 751(c) A translator shall take an oath that he or she will make a true translation in the English language of any writing he or she is to decipher or translate.
(d)CA Evidence Code § 751(d) An interpreter regularly employed by the court and certified or registered in accordance with Article 4 (commencing with Section 68560) of Chapter 2 of Title 8 of the Government Code, or a translator regularly employed by the court, may file an oath as prescribed by this section with the clerk of the court. The filed oath shall serve for all subsequent court proceedings until the appointment is revoked by the court.
interpreter's oath translation accuracy court translator deaf or hard-of-hearing interpretation legal translation certified interpreter witness translation court proceeding oath language interpretation court interpreter employment court translator employment clerk of the court translation oath filing Section 754 compliance interpretation skill and judgment
Section § 752
If a witness can't speak or understand English well enough in court, an interpreter is brought in to help them communicate. This interpreter must be someone the witness can understand. The interpreter's details are recorded, and they are paid accordingly. In criminal cases and juvenile hearings, the court pays the interpreter. In civil cases, the cost is divided among the parties as the court sees fit, and treated as part of the case costs.
(a)CA Evidence Code § 752(a) When a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter whom the witness can understand and who can understand the witness shall be sworn to interpret for the witness.
(b)CA Evidence Code § 752(b) The record shall identify the interpreter, who may be appointed and compensated as provided in Article 2 (commencing with Section 730) of Chapter 3, with that compensation charged as follows:
(1)CA Evidence Code § 752(b)(1) In all criminal actions and juvenile court proceedings, the compensation for an interpreter under
this section shall be a charge against the court.
(2)CA Evidence Code § 752(b)(2) In all civil actions, the compensation for an interpreter under this section shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in a like manner as other costs.
witness interpreter English language incapability criminal actions interpreter compensation juvenile court interpreter civil actions interpreter cost court-appointed interpreter interpretation services language translation in court court communication assistance interpreter cost allocation witness communication barrier legal interpretation compensation for interpreter judicial proceedings interpreter
Section § 753
This law explains what to do when there's a written document in evidence that can't be easily read or understood. A qualified translator will be brought in to decipher or translate it. The law details how this translator is identified and paid. In criminal cases and juvenile proceedings, the court covers the translator's fee. In civil cases, the cost is split among the parties involved based on the court's decision, and it can later be counted as part of the court costs.
(a)CA Evidence Code § 753(a) When the written characters in a writing offered in evidence are incapable of being deciphered or understood directly, a translator who can decipher the characters or understand the language shall be sworn to decipher or translate the writing.
(b)CA Evidence Code § 753(b) The record shall identify the translator, who may be appointed and compensated as provided in Article 2 (commencing with Section 730) of Chapter 3, with that compensation charged as follows:
(1)CA Evidence Code § 753(b)(1) In all criminal actions and juvenile court proceedings, the compensation for a translator under this section shall be a charge against the court.
(2)CA Evidence Code § 753(b)(2) In all civil actions, the compensation for a translator under this section shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in like manner as other costs.
translator costs document translation criminal actions juvenile court proceedings evidence translation civil actions court-appointed translator translator compensation language translation courts legal document deciphering court cost allocation translator identification evidence deciphering California law translation cost apportionment in courts
Section § 754
This law ensures that individuals who are deaf or hard of hearing have access to interpretation services in various court proceedings, including civil, criminal, family, and administrative cases. A qualified interpreter, certified by approved organizations, must be appointed to help them understand and participate in proceedings. If needed, an intermediary interpreter can be appointed for more personalized assistance. Interpreters are paid at prevailing rates, and in law enforcement situations, efforts must be made to secure an interpreter to assist deaf individuals being questioned or interviewed. Any statements made without proper interpretation may not be used against these individuals. Proceedings cannot begin until the interpreter is correctly positioned to ensure effective communication. Courts must maintain a list of certified interpreters to facilitate the process.
(a)CA Evidence Code § 754(a) As used in this section, “individual who is deaf or hard of hearing” means an individual with a hearing loss so great as to prevent his or her understanding language spoken in a normal tone, but does not include an individual who is hard of hearing provided with, and able to fully participate in the proceedings through the use of, an assistive listening system or computer-aided transcription equipment provided pursuant to Section 54.8 of the Civil Code.
(b)CA Evidence Code § 754(b) In a civil or criminal action, including an action involving a traffic or other infraction, a small claims court proceeding, a juvenile court proceeding, a family court proceeding or service, or a proceeding to determine the mental competency of a person, in a court-ordered or court-provided alternative dispute
resolution, including mediation and arbitration, or in an administrative hearing, where a party or witness is an individual who is deaf or hard of hearing and the individual who is deaf or hard of hearing is present and participating, the proceeding shall be interpreted in a language that the individual who is deaf or hard of hearing understands by a qualified interpreter appointed by the court or other appointing authority, or as agreed upon.
(c)CA Evidence Code § 754(c) For purposes of this section, “appointing authority” means a court, department, board, commission, agency, licensing or legislative body, or other body for proceedings requiring a qualified interpreter.
(d)CA Evidence Code § 754(d) For purposes of this section, “interpreter” includes an oral interpreter, a sign language interpreter, or a deaf-blind interpreter, depending upon the needs of the individual who is deaf or hard of hearing.
(e)CA Evidence Code § 754(e) For purposes of this section, “intermediary interpreter” means an individual who is deaf or hard of hearing, or a hearing individual who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language or between American Sign Language and other foreign languages by acting as an intermediary between the individual who is deaf or hard of hearing and the qualified interpreter.
(f)CA Evidence Code § 754(f) For purposes of this section, “qualified interpreter” means an interpreter who has been certified as competent to interpret court proceedings by a testing organization, agency, or educational institution approved by the Judicial Council as qualified to administer tests to court interpreters for individuals who are deaf or hard of hearing.
(g)CA Evidence Code § 754(g) If the appointed interpreter
is not familiar with the use of particular signs by the individual who is deaf or hard of hearing or his or her particular variant of sign language, the court or other appointing authority shall, in consultation with the individual who is deaf or hard of hearing or his or her representative, appoint an intermediary interpreter.
(h)Copy CA Evidence Code § 754(h)
(1)Copy CA Evidence Code § 754(h)(1) Before July 1, 1992, the Judicial Council shall conduct a study to establish the guidelines pursuant to which it shall determine which testing organizations, agencies, or educational institutions will be approved to administer tests for certification of court interpreters for individuals who are deaf or hard of hearing. It is the intent of the Legislature that the study obtain the widest possible input from the public, including, but not limited to, educational institutions, the judiciary, linguists, members of the State Bar of California, court interpreters, members of professional
interpreting organizations, and members of the deaf and hard of hearing communities. After obtaining public comment and completing its study, the Judicial Council shall publish these guidelines. By January 1, 1997, the Judicial Council shall approve one or more entities to administer testing for court interpreters for individuals who are deaf or hard of hearing. Testing entities may include educational institutions, testing organizations, joint powers agencies, or public agencies.
(2)CA Evidence Code § 754(h)(2) Commencing July 1, 1997, court interpreters for individuals who are deaf or hard of hearing shall meet the qualifications specified in subdivision (f).
(i)CA Evidence Code § 754(i) Persons appointed to serve as interpreters under this section shall be paid, in addition to actual travel costs, the prevailing rate paid to persons employed by the court to provide other interpreter services unless such service is considered to
be a part of the person’s regular duties as an employee of the state, county, or other political subdivision of the state. Except as provided in subdivision (j), payment of the interpreter’s fee shall be a charge against the court. Payment of the interpreter’s fee in administrative proceedings shall be a charge against the appointing board or authority.
(j)CA Evidence Code § 754(j) Whenever a peace officer or any other person having a law enforcement or prosecutorial function in a criminal or quasi-criminal investigation or non-court proceeding questions or otherwise interviews an alleged victim or witness who demonstrates or alleges deafness or hearing loss, a good faith effort to secure the services of an interpreter shall be made without any unnecessary delay, unless either the individual who is deaf or hard of hearing affirmatively indicates that he or she does not need or cannot use an interpreter, or an interpreter is not otherwise required by Title II of the
federal Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted thereunder. Payment of the interpreter’s fee shall be a charge against the county, or other political subdivision of the state, in which the action is pending.
(k)CA Evidence Code § 754(k) A statement, written or oral, made by an individual who the court finds is deaf or hard of hearing in reply to a question of a peace officer, or any other person having a law enforcement or prosecutorial function in a criminal or quasi-criminal investigation or proceeding, shall not be used against that individual who is deaf or hard of hearing unless the question was accurately interpreted and the statement was made knowingly, voluntarily, and intelligently and was accurately interpreted, or the court finds that either the individual could not have used an interpreter or an interpreter was not otherwise required by Title II of the federal Americans with Disabilities Act of 1990
(Public Law 101-336) and federal regulations adopted thereunder and that the statement was made knowingly, voluntarily, and intelligently.
(l)CA Evidence Code § 754(l) In obtaining services of an interpreter for purposes of subdivision (j) or (k), priority shall be given to first obtaining a qualified interpreter.
(m)CA Evidence Code § 754(m) Subdivisions (j) and (k) shall not be deemed to supersede the requirement of subdivision (b) for use of a qualified interpreter for an individual who is deaf or hard of hearing participating as a party or witness in a trial or hearing.
(n)CA Evidence Code § 754(n) In an action or proceeding in which an individual who is deaf or hard of hearing is a participant, the appointing authority shall not commence the action or proceeding until the appointed interpreter is in full view of and spatially situated to assure proper communication with the
participating individual who is deaf or hard of hearing.
(o)CA Evidence Code § 754(o) Each superior court shall maintain a current roster of qualified interpreters certified pursuant to subdivision (f).
deaf hard of hearing qualified interpreter intermediary interpreter interpretation services court proceedings certified interpreter assistive listening civil cases criminal cases family court administrative hearings law enforcement interviews interpreter payments communication access
Section § 754.5
This law states that if a deaf or hard-of-hearing person uses an interpreter to communicate with someone they have a legal confidentiality relationship with, their right to confidentiality is still protected. The involvement of an interpreter does not cancel out their privacy rights.
Whenever an otherwise valid privilege exists between an individual who is deaf or hard of hearing and another person, that privilege is not waived merely because an interpreter was used to facilitate their communication.
deaf communication hard of hearing privilege interpreter use confidentiality rights legal confidentiality communication assistance interpreter privilege privacy protection legal rights of deaf individuals facilitated communication privilege waiver legal protection with interpreter
Section § 755.5
If you're involved in a civil lawsuit and need a medical exam that the other side asks for—like an insurance company or the person you're suing—and you don't speak English well, there has to be a certified interpreter with you during the exam. This interpreter translates the proceedings into a language you understand. The insurance company or the defendant must pay for the interpreter.
If the exam happens without an interpreter, anything from that exam can't be used in the lawsuit. You can also have other people there to help you during the exam.
If a certified interpreter isn't available, the parties involved can agree to use another interpreter who isn't certified.
(a)CA Evidence Code § 755.5(a) During any medical examination, requested by an insurer or by the defendant, of a person who is a party to a civil action and who does not proficiently speak or understand the English language, conducted for the purpose of determining damages in a civil action, an interpreter shall be present to interpret the examination in a language that the person understands. The interpreter shall be certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(b)CA Evidence Code § 755.5(b) The fees of interpreters used under subdivision (a) shall be paid by the insurer or defendant requesting the medical examination.
(c)CA Evidence Code § 755.5(c) The record of, or testimony concerning, any medical examination conducted in violation of subdivision (a) shall be inadmissible in the civil action for which it was conducted or any other civil action.
(d)CA Evidence Code § 755.5(d) This section does not prohibit the presence of any other person to assist a party.
(e)CA Evidence Code § 755.5(e) In the event that interpreters certified pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code cannot be present at the medical examination, upon stipulation of the parties the requester specified in subdivision (a) shall have the discretionary authority to provisionally qualify and use other interpreters.
civil action non-English speaker medical examination interpreter interpreter fees insurer defendant certified interpreter damages determination inadmissible evidence civil lawsuit procedures language assistance interpreter qualification insurance company responsibility
Section § 756
This law says that courts in California should provide interpreter services in civil cases for individuals who don't understand English well. The Judicial Council reimburses these services. When funds are limited, priorities are set, starting with family law cases involving protective orders, and others like eviction and custody cases. If money is still tight, preference is given to individuals with limited financial means. Courts must report the case types receiving interpreter services, ensuring compliance with set priorities. The law doesn't change any existing rights to interpreters for both civil and criminal matters, nor does it reduce staff or affect quality in essential cases.
(a)CA Evidence Code § 756(a) To the extent required by other state or federal laws, the Judicial Council shall reimburse courts for court interpreter services provided in civil actions and proceedings to any party who is present in court and who does not proficiently speak or understand the English language for the purpose of interpreting the proceedings in a language the party understands, and assisting communications between the party, the party’s attorney, and the court.
(b)CA Evidence Code § 756(b) If sufficient funds are not appropriated to provide an interpreter to every party that meets the standard of eligibility, court interpreter services in civil cases reimbursed by the Judicial Council, pursuant to subdivision (a), shall be prioritized by case type by each court in the following order:
(1)CA Evidence Code § 756(b)(1) Actions and proceedings under Division 10 (commencing with Section 6200) of the Family Code, actions or proceedings under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code) in which a protective order has been granted or is being sought pursuant to Section 6221 of the Family Code, and actions and proceedings for dissolution or nullity of marriage or legal separation of the parties in which a protective order has been granted or is being sought pursuant to Section 6221 of the Family Code; actions and proceedings under subdivision (y) of Section 527.6 of the Code of Civil Procedure; and actions and proceedings for physical abuse or neglect under the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code).
(2)CA Evidence Code § 756(b)(2) Actions and proceedings
relating to unlawful detainer.
(3)CA Evidence Code § 756(b)(3) Actions and proceedings to terminate parental rights.
(4)CA Evidence Code § 756(b)(4) Actions and proceedings relating to conservatorship or guardianship, including the appointment or termination of a probate guardian or conservator.
(5)CA Evidence Code § 756(b)(5) Actions and proceedings by a parent to obtain sole legal or physical custody of a child or rights to visitation.
(6)CA Evidence Code § 756(b)(6) All other actions and proceedings under Section 527.6 of the Code of Civil Procedure or the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code).
(7)CA Evidence Code § 756(b)(7) All other actions and proceedings related to family law.
(8)CA Evidence Code § 756(b)(8) All other civil actions or proceedings.
(c)Copy CA Evidence Code § 756(c)
(1)Copy CA Evidence Code § 756(c)(1) If funds are not available to provide an interpreter to every party that meets the standard of eligibility, preference shall be given for parties proceeding in forma pauperis pursuant to Section 68631 of the Government Code in any civil action or proceeding described in paragraph (3), (4), (5), (6), (7), or (8) of subdivision (b).
(2)CA Evidence Code § 756(c)(2) Courts may provide an interpreter to a party outside the priority order listed in subdivision (b) when a qualified interpreter is present and available at the court location and no higher priority action that meets the standard of eligibility described in subdivision (a) is taking place at that location during the period of time for which the interpreter has already been compensated.
(d)CA Evidence Code § 756(d) A party shall not be charged a fee for the provision of a court interpreter.
(e)CA Evidence Code § 756(e) In seeking reimbursement for court interpreter services, the court shall identify to the Judicial Council the case types for which the interpretation to be reimbursed was provided. Courts shall regularly certify that in providing the interpreter services, they have complied with the priorities and preferences set forth in subdivisions (b) and (c), which shall be subject to review by the Judicial Council.
(f)CA Evidence Code § 756(f) This section shall not be construed to alter, limit, or negate any right to an interpreter in a civil action or proceeding otherwise provided by state or federal law, or the right to an interpreter in criminal, traffic, or other infraction, juvenile, or mental competency actions or proceedings.
(g)CA Evidence Code § 756(g) This section shall not result in a reduction in staffing or compromise the quality of interpreting services in criminal, juvenile, or other types of matters in which interpreters are provided.
court interpreter services civil actions language assistance Judicial Council reimbursement priority case types family law cases protective orders unlawful detainer termination of parental rights conservatorship guardianship custody disputes in forma pauperis interpreter fee waiver interpreter service compliance
Section § 757
This law section states that civil courts in California have the authority to provide interpreters for cases where a person is asking the court to make decisions related to special immigrant juvenile status. This is in line with specific policies and existing laws, including a Judicial Council policy from January 23, 2014.
Pursuant to this chapter, other applicable law, and existing Judicial Council policy, including the policy adopted on January 23, 2014, existing authority to provide interpreters in civil court includes the authority to provide an interpreter in a proceeding in which a petitioner requests an order from the superior court to make the findings regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code.
civil court interpreter special immigrant juvenile status Judicial Council policy interpreter authority Section 1101(a)(27)(J) Title 8 USC superior court proceedings interpreters in civil cases immigration proceedings juvenile status requests court interpreter provisions civil court rulings language assistance in court immigrant minor court cases
