Rule 47.13 - Written translations of court-related material(1)Definition of court-related materials. As used in rule 47.13, "court-related material" includes written documents that are relevant to the court case and electronically recorded oral or sign communications in which one or more of the participants has limited English proficiency and the communications are relevant to the court case.(2)Definition of a certified translator.a. A certified translator has met the requirements for translator certification established by the American Translators Association (ATA) or the National Association of Judiciary Interpreters and Translators (NAJIT).b. A Class A certified court interpreter under rule 47.4(1) is not a certified translator of written documents unless the interpreter has also completed the requirements established by the ATA or NAJIT to be a certified translator.(3)Priorities in the appointment of a translator of court-related material. When a translator of court-related material is needed, the court will appoint a translator in the following order of preference: a. Certified as a translator by the ATA or NAJIT in the required language combination (e.g., Spanish to English translation).b. A Class A certified oral language court interpreter as defined in rule 47.4(1).c. If there is no person available who meets the qualifications in rule 47.13(3) (a) or (b) and who could deliver the translated material through regular or electronic mail by the required date, the court may approve a translator who has a degree from a four-year college or university and has sufficient knowledge and experience as a translator of English and the other required language to provide a complete and accurate written translation of the court-related material.(4)Compensation of a translator. A translator whom the court appoints under rule 47.13(3) will receive the standard fee per word or per hour depending on the material to be translated. The standard translation fees will be established in an administrative directive by state court administration pursuant to rule 47.12(2). The court may approve a higher fee only if the court is unable to locate a qualified translator who is able to send and receive court-related materials via electronic mail, can perform the requested translation services by the required date, and will provide the translation service for the standard fee established by state court administration. A translator approved under this rule must submit a claim for compensation consistent with rule 47.12(1).(5)Application for written translation of court-related material. When a party or attorney in a case involving an LEP person wants a written translation of court-related material from English into another language, or from another language into English, and the court or other government entity will be responsible for paying the translator, the LEP person or the LEP person's attorney must file with the court a timely application for a written translation of the court-related material. The application must include: a. An explanation of the need for a written translation of the court-related material and why an oral or sign language interpretation of the court-related material would not be sufficient to ensure due process under the circumstances.b. If the court-related material is a written document, the application must also include: (1) A brief description of the document's content.(2) The language in which the document is written.(3) The language into which the document should be translated.(4) The number of words in the document to be translated.c. If the court-related material is an electronic recording of communications with an LEP person, the application must also include:(1) A brief description of the nature of the communications.(2) The number of persons involved in the communications.(3) The languages spoken by the persons involved in the communications.(4) Whether a language interpreter was one of the persons involved in the communications.(5) The number of minutes of recorded communication involving one or more LEP persons.(6) Whether the applicant is requesting only a transcript of what the English -speaking person said and a translation into English of what the LEP person said during the communication or a transcript of what the English-speaking person said and a translation of what the LEP person said and an evaluation of the accuracy of the interpretation of an interpreter involved in the communication, if applicable.(6)Court approval of written translation and translator. The court may approve the application for the written translation of court-related material only if an oral or sign language interpretation of the material would not be sufficient to ensure due process under the circumstances. If the court approves a written translation of court-related material, the court will direct district court administration staff to locate a translator who meets the criteria in rule 47.13(3) and to comply with the policies for locating and paying translators as established by state court administration. After district court administration staff has located a qualified translator and agreed upon a fee for the translation service, the court will enter an order approving a written translation of court-related material and appointing the translator.Ct. Inte. & Tran. R. 47.13
Court Order June 5, 2008, effective 7/1/2008; 8/10/2009; 12/4/2014, effective 7/1/2015; 12/13/2017, effective 1/1/2018; Order July 20, 2020, effective 10/1/2020; court order September 14, 2021, effective 10/1/2021.