RULE 2.565. RETENTION OF SPOKEN LANGUAGE COURT
INTERPRETERS FOR NON-ENGLISH-SPEAKING
AND LIMITED-ENGLISH-PROFICIENT PERSONS
BY ATTORNEYS OR SELF-REPRESENTED
LITIGANTS

(a) Retention of Interpreters when Certified or Other
Duly Qualified Interpreters Are Available. When an attorney or
self-represented litigant retains the services of an interpreter to
assist a non-English-speaking or limited-English-proficient person
as a litigant or witness in a court proceeding or court-related
proceeding as defined in the Rules for Certification and Regulation
of Spoken Language Court Interpreters, the attorney or self-
represented litigant shall, whenever possible, retain a certified,
language skilled or provisionally approved interpreter, as defined in
the Rules for Certification and Regulation of Spoken Language
Court Interpreters. Preference shall be given to retention of certified
and language skilled interpreters, then to persons holding a
provisionally approved designation.

(b) Retention of Interpreters when Certified or Other
Duly Qualified Interpreters Are Unavailable. An attorney or self-
represented litigant may retain an interpreter who is otherwise
registered with the Office of the State Courts Administrator in
accordance with the Rules for Certification and Regulation of
Spoken Language Court Interpreters if a certified, language skilled,
or provisionally approved interpreter is not available after a diligent
search.
(c) Retention in Exceptional Circumstances. An attorney
or self-represented litigant, for good cause, may retain an
interpreter who is not certified, language skilled, provisionally
approved, or otherwise registered with the Office of the State Courts
Administrator if none is available after diligent search.

(d) Written Declaration Substantiating Good Cause. The
attorney or a self-represented litigant seeking to retain an
interpreter under subdivision (c) must first state under oath or
affirm in a verified writing that:

(1) a diligent search has been conducted;

(2) neither a certified, language skilled, provisionally
approved interpreter nor an interpreter otherwise registered with
the Office of the State Courts Administrator is available to interpret
in person or via remote technology;

(3) to the best of the attorney or self-represented
litigant’s information and belief, the proposed interpreter is
competent to interpret; and

(4) the full name, mailing address, and telephone
number of the proposed interpreter; the non-English language
interpreted; the date of the interpreted event; and nature of the
interpreted event.

(e) Filing and Retention of Written Declaration. An
attorney or self-represented litigant substantiating good cause
under subdivision (d) must submit via e-mail, a copy of the verified
written declaration with the Court Interpreter Program Office in the
Office of the State Courts Administrator. A prescribed form and
dedicated e-mail address appear on the court’s website. The filer
must furnish a copy to the proposed interpreter, and:

(1) file the original declaration in any pending court
action or administrative action and serve a copy on all other parties;
or
(2) if no action is pending at the time interpreter
services are provided, retain the original declaration and serve a
copy on the non-English-speaking or limited-English-proficient
person at the time interpreter services are provided. The declaration
must be made available to all other parties and to any state court or
administrative judge, magistrate, or hearing officer on request in
any action later filed to which the interpreted event is relevant. The
filing with the Office of the State Courts Administrator of a written
declaration in substantial conformity with this subdivision excuses
the proposed interpreter from the registration requirements under
the Rules for Certification and Regulation of Spoken Language
Interpreters for the delivery of the specific interpreter services for
which certification is made.

(f) Time for Preparation, Submission, Filing, and Service.
Verified written declarations required by this rule must be
submitted to the Office of State Courts Administrator, filed with the
Clerk of Court when required, and served on all parties in advance
of the proceedings to which they are relevant. When compliance
with this subdivision is impossible or impracticable due to the
existence of emergency or other extraordinary circumstances, the
attorney or self-represented litigant must:

(1) comply with the submission, filing, and service
requirements of this rule as soon as is practicable following the
conclusion of the proceeding; and

(2) include in the verified written declaration a brief
statement describing the emergency or other extraordinary
circumstances justifying post-proceeding compliance.