Rule 5: Interpreters

A. The court shall appoint an interpreter in any court proceeding in order to assist a person who cannot readily understand or communicate the English or spoken language.

B. Any party needing an interpreter for a party or witness at any court proceeding shall allege such need for an interpreter as a separate allegation in a pleading titled “Request for Interpreter” by identifying the party or witness expected to give testimony at the legal proceeding and affirmatively stating that such individual cannot readily understand or communicate the English or spoken language and the language spoken by the party or witness. If an interpreter is required, the Request for Interpreter shall be filed within 30 days after the filing of a petition, or as soon thereafter as the parties become aware of the need for an interpreter.

C. The employer in the case shall arrange for the interpreter. At least 7 days prior to the court proceeding, the employer shall file an affidavit affirming that the interpreter has been selected in accordance with the priorities for use of an interpreter as established in the Nebraska Supreme Court rules relating to court interpreters, Neb. Ct. R. § 6-703. The affidavit shall state the name of the interpreter selected and the date of the court proceeding. The affidavit shall further state that the requested interpreter is (a) a certified or provisionally certified interpreter pursuant to Neb. Ct. R. §§ 6-705 and 6-706, or (b) a registered, noncertified interpreter pursuant to Neb. Ct. R. § 6-707, or (c) a nonregistered, noncertified interpreter who is otherwise competent to interpret in the courts. If the requested interpreter is a registered, noncertified interpreter, the affidavit shall also state that the requesting party has made diligent efforts to obtain a certified or provisionally certified interpreter and found none to be reasonably available. If the requested interpreter is a nonregistered, noncertified interpreter, the affidavit shall state that the requesting party has made diligent efforts to obtain a certified, provisionally certified, or registered interpreter and found none to be reasonably available. Provided, however, in proceedings in which a Spanish interpreter is utilized, only a certified or registered interpreter shall be allowed. In proceedings in which an interpreter is utilized to interpret for a Deaf or hard of hearing person, only a Certified Deaf Interpreter and / or certified Sign Language interpreter qualified pursuant to Neb. Rev. Stat. § 25-2401 et seq., Neb. Rev. Stat. § 20-150 et seq., and Neb. Ct. R. § 6-708 will be allowed.

D. For any single court proceeding scheduled for 2 hours or more, two foreign language interpreters shall be arranged for and appointed. For any single court proceeding scheduled for more than 1 hour, two Sign Language interpreters shall be arranged for and appointed. For any single court proceeding lasting more than 2 hours, if two foreign or Sign Language interpreters are not reasonably available, the interpreter must be given a minimum of a 10-minute break every 30 minutes.

E. Prior to appointment and before entering into his or her official duties, an interpreter shall take and subscribe to the oath for interpreters, which is included in Appendix 1, Neb. Ct. R. §§ 6-701 to 6-709.

F. The fees and expenses of an interpreter appointed by the court shall be authorized by the judge before whom the proceeding takes place, in accordance with the Nebraska Supreme Court Interpreter Fee Schedule and Payment Policy. The interpreter shall complete the appropriate Statement for Payment of Interpreters form approved by the Supreme Court, and shall submit the completed form to the judge before whom the proceeding takes place for authorization.

G. Fees and expenses for an interpreter utilized in a voluntary mediation through the compensation court’s Informal Dispute Resolution program shall be paid for by the compensation court. The interpreter shall complete the appropriate Request for Payment of Interpreters form approved by the compensation court.