Evidence adduced through interpreters
96.09 Evidence adduced through interpreters
(1) Unless the Court otherwise orders, a translated affidavit or statement of a witness who requires an interpreter cannot be relied on in a proceeding unless it includes a certification by the interpreter, or the interpreter separately verifies by affidavit, to the effect that:
(a) before sight translating the affidavit or statement to the witness, the interpreter:
(i) read the code of conduct and agreed to be bound by it; and
(ii) was given an adequate opportunity to prepare to sight translate the affidavit or statement;
and
(b) the interpreter sight translated the entire affidavit or statement to the witness, who then:
(i) informed the person responsible for the preparation of the affidavit or statement through the interpreter that the person understood the interpreter and agreed with the entire contents of the affidavit or statement; and
(ii) subsequently swore or affirmed the affidavit, or signed the statement, in the presence of the interpreter.
Note for subrule (1)
Different interpreters may be used at different stages of a proceeding.
(2) The Court may at any time, either of its own motion or on the application of a party, request the interpreter to correct, clarify, qualify or explain the interpreter's interpretation of the evidence or sight translation of a document.
(3) Any clarification, qualification or explanation given by the interpreter in response to a request under subrule (2) is not evidence of the interpreter in the proceeding.
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