TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: August 30, 2012
RE: Rule 604, N.D.R.Ev., Interpreter
The committee discussed the proposed form and style amendments to Rule 604 at the April meeting. During the discussion, the committee suggested that a cross-reference to N.D.C.C. ch. 28-33 be included in the amendments to the rule. This has been added and the supplemented rule proposal is attached.
The committee also suggested that staff should research whether Admin. Rule 50 on interpreters supersedes the interpreter statutes. After examination of the statutes and the admin rule, it appears that they are complimentary: N.D.C.C. § 31-01-11 provides basic guidelines on when an interpreter should be obtained and how the interpreter should be sworn in; Admin Rule 50 provides more details on how an interpreter should be used and how a party can seek removal of an interpreter. Meanwhile, chapter 28-33 focuses primarily on unique considerations for appointment and use of interpreters for the deaf. Copies of these rules and statutes are attached.