FRCP · Rule 28

FRCP Rule 28

Quick Answer

What is FRCP Rule 28?

FRCP Rule 28 concerns the appointment and qualifications of interpreters in federal court proceedings.

Source: FRCP Rule 28

Official Text
Rule 28. Persons Who May Serve as Interpreters – (a) Qualifications. An interpreter must be qualified and must take an oath or affirmation to make a true translation. (b) Appointment. An interpreter may be appointed by the court, or by a party, and must be competent to interpret and must take an oath to that effect.
Plain Language

FRCP Rule 28 establishes the standards for the use of interpreters in federal courts, ensuring that they are qualified to provide accurate translations in court proceedings. It requires interpreters to take an oath to affirm their competence and honesty in interpretation.

Purpose

The purpose of Rule 28 is to guarantee effective communication in court for non-English speakers or those with hearing impairments by appointing qualified interpreters. This promotes fairness and accessibility in the judicial process.

Key Provisions

28(a) Qualifications

An interpreter must possess necessary skills and agree to provide accurate translations.

28(b) Appointment

The court has the authority to appoint interpreters, ensuring that appointed interpreters are competent.

Practice Notes
  • Always confirm the qualifications of interpreters before they are appointed to ensure compliance with Rule 28.
  • Document the appointment of interpreters and any communications relating to their qualifications for a complete record.
  • Be prepared to challenge the qualifications of an interpreter if their competency is called into question in court.
Landmark Cases

U.S. v. Lin

This case emphasized the necessity of appointing a properly qualified interpreter, ruling that failure to do so could lead to a reversal of conviction due to inadequate communication.

Exam Tip

Students should be familiar with the standards set by Rule 28, particularly the requirements for interpreter qualifications and court appointments, as questions may focus on these concepts.

Related Rules
  • frcp-rule-30
  • frcp-rule-32

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