1. (a) The following persons shall give notice to the court when a person has limited English proficiency or is deaf or hard of hearing and requires an interpreter for any judicial proceeding:

   1. (1) For a principal party in interest in a judicial proceeding, either the principal party in interest or his or her attorney, without delay.
   2. (2) For a witness in a judicial proceeding, the party that intends to call the person as a witness as soon as is practicable after learning of the need for an interpreter.
   3. (3) For a crime victim whose presence is anticipated at a judicial proceeding, the affiant, law enforcement officer, or the attorney for the Commonwealth, as soon as is practicable after learning of the need.
2. (b) Any other person with knowledge that a principal party in interest, witness, or crime victim will require an interpreter may give notice of the need for an interpreter.
3. (c) Notice to the court pursuant to this section may be made to the presiding judicial officer, the language access coordinator (LAC), or, for persons who are deaf or hard of hearing, the Americans with Disabilities (ADA) coordinator, for the judicial district in which the proceeding will be held, or the Appellate Court Prothonotary/District Court Administrator or his or her designee, and should contain the information required in subsection (d)(2).

4. (d) Form and content of notice.—

   1. (1) Notice form.—The notice of need for an interpreter should be given on the form provided by the Court Administrator, if practicable. If notice by way of said form is not practicable, written or oral notice may be given, provided it contains the information set forth in paragraph (2).

   2. (2) Content of notice.—The notice of need for an interpreter, whether on the form specified in paragraph (1) or otherwise, must contain, at a minimum, the following information:

      1. (i) party and case identifying information; and
      2. (ii) for a person with limited English proficiency, the language spoken (specifying any particular dialect or regional version) and the country of origin; or

      3. (iii) for a person who is deaf or hard of hearing, the type of sign language or method of communication used, the country of origin (if a foreign sign language is used to communicate), and any other information that will help identify the person’s preferred means of communication.

         Comment

         This section is intended to clarify those persons who are required to provide notice to the court of the need for an interpreter for an LEP or deaf or hard of hearing person. In addition, subsection (b) provides that any person may provide notice of the need for an interpreter when they have knowledge that someone appearing in a judicial proceeding is limited English proficient (LEP) or deaf or hard of hearing.

         Subsection (a) requires that notice be given without delay or as soon as practicable after learning of the need. The fact that no specific time limit is given is in recognition of the fact that situations may arise in which significant advance notice is not feasible. Nevertheless, the party responsible for giving notice under these regulations or anyone aware of the need must notify the presiding judicial officer or Appellate Court Prothonotary/District Court Administrator or his or her designee as soon as the need for an interpreter is known so as to avoid unnecessary delay.

         Subsection (d)(1) makes clear that notice on the form provided by the Court Administrator is the preferred method of providing notice of need for an interpreter. If use of the Court Administrator’s form is not practicable, other written or oral notice is acceptable, provided it conveys the information set forth in subsection (d)(2). The request form can be found on the Interpreter Program page of the UJS website, http://www.pacourts.us.

Source

The provisions of this § 202 amended November 22, 2021, effective January 1, 2022, 51 Pa.B. 7415. Immediately preceding text appears at serial page (349438).