Civil Procedure Rules of Nova Scotia  
To conduct a search focused only on the
Civil Procedure Rules, use this search box
   

Part 11 - Trial and Hearing

Rule 48 - Translation, Interpretation, and Assistance

Scope of Rule 48
48.01   A party who has difficulty understanding what is being said in court, a witness who has a difficulty communicating in court, and a person with a disability that impedes them in court may be assisted in accordance with this Rule.
       
Assistance for party to understand proceeding
48.02 (1) A party with a hearing impairment, or who has difficulty understanding the language in which a trial or hearing is conducted, may make a motion to be assisted by a translator, interpreter, or signer.
  (2) A party with a mental or physical disability that impedes them in court may make a motion for appropriate assistance.
  (3) A judge who makes an order to assist a party may include terms to ensure a fair balance between the need of the party to understand the trial or hearing and the need of all parties for a trial or hearing conducted without unnecessary disruption.
       
Assistance for witness to communicate
48.03 (1) A party who calls a witness at trial, or presents a witness on the hearing of an application, must provide a translator or signer if the witness cannot adequately understand the questions, or cannot give answers that are adequately understood, without the assistance of a person who is able to translate or sign.
  (2) The party must satisfy the judge that the proposed translator or signer has the ability to clearly understand the questions to be asked and the answers to be given, and to accurately translate the questions and answers.
  (3) The translator or signer must swear to or affirm all of the following, unless the judge permits otherwise:
   
(a)
the translator or signer will accurately translate each question asked of, and each answer given by, the witness;
   
(b)
except to translate, the translator or signer will not communicate with the witness during the examination without advising the judge and awaiting the judge’s permission;
   
(c)
the translator or signer is not related by blood or marriage to the witness, is not an employer or employee of the witness, and is independent of the witness.
  (4) A party who calls a witness with another kind of difficulty communicating in court may make a motion for means to assist the communication.
       
Assistance for person with disability
48.04   A judge presiding at a trial or hearing may order services for a person with a disability that impedes the person in court.
       
Expense of assistance
48.05 (1) A judge may determine who must bear the expense of assistance not covered by a government authority, an insurer, or another person.
  (2) A party who makes a motion for a government authority, an insurer, or another person to pay the expense of assistance must deliver a copy of the notice of motion and documents filed in support of the motion to the person in the same manner as a person is notified of a proceeding under Rule 31 - Notice, unless the authority, insurer, or other person agrees or a judge orders otherwise.
       

<< GO BACK TO PART 11, RULE 47
PLACE OF TRIAL OR HEARING

<< GO TO INDEX OF RULES >>

GO TO PART 11, RULE 49
SITTINGS >>