RULE 28. INTERPRETERSThe court may select, appoint, and set the reasonable compensation for an interpreter. The compensation must be paid from funds provided by law or as the court directs.
Rule 28 was amended, effective March 1, 2006;__________________.
Rule 28 is an adaptation of
F.R.Crim.P. Fed.R.Crim.P. 28. It
differs from the federal rule
by providing that compensation for interpreters may be paid out of funds as provided by state
law or as the court directs.
Former subdivision (a) provided for the appointment of expert witnesses. This provision was deleted, effective March 1, 2006, because N.D.R.Ev. 706 covers the topic of court-appointed expert witnesses in detail.
Rule 28 is consistent with existing state law, N.D.C.C. § 31-01-11, which authorizes
the court to appoint
and provide for the compensation of interpreters. Rule 28
court to appoint interpreters in all appropriate circumstances. The purpose of
the rule is to
assist non-English-speaking defendants in understanding the proceedings or in
communicating with assigned counsel. N.D.Sup.Ct.Admin.R. 50 provides guidance on
interpreter qualifications and requirements.
Rule 28 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of __________________; January 27-28, 2005, pages 22-23; October 17-20, 1972, pages 32-33; February 20-21, 1969, pages 4-5; Fed.R.Crim.P. 28.
for criminal process only: N.D.C.C. § 31-01-12
Considered: N.D.C.C. §§ 28-26-06, 31-01-11, ch.
Cross References: N.D.R.Ev. 604 (Interpreters); N.D.R.Ev. 706 (Court Appointed
N.D.R.Ct. 6.10 (Courtroom Oaths); N.D. Sup. Ct. Admin. R. 50 (Court Interpreter
Qualifications and Procedures).