Alaska Comm. R. Evid. 604

As amended through November 12, 2024
Rule 604 - Interpreters

This rule builds upon former Rule 43(g) (2) of the Alaska Rules of Civil Procedure which provides that when a witness does not understand and speak the English language, an interpreter shall be sworn to interpret for him. The interpreter must be qualified and sworn like any other expert witness.

In both civil and criminal cases the party offering the witness with the language problem generally will have to supply an interpreter and pay the interpreter's fee. Presumably, an indigent criminal defendant may compel the government to pay such a fee. In civil cases the trial court has the power under Rule 706 to appoint an interpreter, to assess the fee against one or more parties, or to provide for payment of the fee from funds available to the court.

Appointment of an interpreter for the indigent defendant is probably constitutionally required if the defendant's understanding of the proceedings against him depends upon it. A handicapped person (deaf, mute, or having a speech impairment) has as much of a right to an interpreter as a person speaking only a foreign language.

Only the interpreter's oath differs from procedure followed with other witnesses: the interpreter swears or affirms that he will make a true translation. See, e.g., the model interpreter's oath, Chapter 37, XIII, Magistrate's Handbook.

Alaska Comm. R. Evid. 604