Section 209 – Waiver of right to interpreter.
Effective 5/9/2017 78B-1-209. Waiver of right to interpreter. The right of a deaf or hard of hearing person to an interpreter may not be waived, except by a deaf or hard of hearing person who requests a waiver in writing. The waiver is subject to the approval of counsel to the deaf or hard of […]
Section 210 – Privileged communications.
Effective 5/9/2017 78B-1-210. Privileged communications. If a deaf or hard of hearing person communicates through an interpreter to any person under such circumstances that the communication would be privileged and the person could not be compelled to testify as to the communications, this privilege shall apply to the interpreter as well. Amended by Chapter 43, […]
Section 211 – Video recording of testimony of deaf or hard of hearing person.
Effective 5/9/2017 78B-1-211. Video recording of testimony of deaf or hard of hearing person. The appointing authority, on his or her own motion or on the motion of a party to the proceedings, may order that the testimony of the deaf or hard of hearing person and its interpretation be electronically recorded by a video […]
Section 151 – Witnesses — Expenses for expert witnesses.
78B-1-151. Witnesses — Expenses for expert witnesses. (1) The court may appoint any expert witness agreed upon by the parties or of its own selection. The court shall inform the expert of required duties in writing and a copy shall be filed with the court record. (2) The appointed expert shall advise the court and […]
Section 152 – Witnesses — Prohibition of expert witness contingent fees in civil actions.
78B-1-152. Witnesses — Prohibition of expert witness contingent fees in civil actions. (1) As used in this section, “contingent fee agreement” means an agreement for the provision of testimony or other evidence and related services by an expert witness in a civil action that specifies: (a) the payment of compensation to the expert witness for […]
Section 202 – Proceedings at which interpreter is to be provided for the deaf or hard of hearing.
Effective 5/9/2017 78B-1-202. Proceedings at which interpreter is to be provided for the deaf or hard of hearing. (1) If a deaf or hard of hearing person is a party or witness at any stage of any judicial or quasi-judicial proceeding in this state or in its political subdivisions, including civil and criminal court proceedings, […]
Section 203 – Effectiveness of interpreter determined.
Effective 5/9/2017 78B-1-203. Effectiveness of interpreter determined. (1) Before appointing an interpreter, the appointing authority shall make a preliminary determination, on the basis of the proficiency level established by the Utah State Office of Rehabilitation created in Section 35A-1-202 and on the basis of the deaf or hard of hearing person’s testimony, that the interpreter […]
Section 204 – Appointment of more qualified interpreter.
78B-1-204. Appointment of more qualified interpreter. If a qualified interpreter is unable to render a satisfactory interpretation, the appointing authority shall appoint a more qualified interpreter. Renumbered and Amended by Chapter 3, 2008 General Session
Section 205 – Readiness of interpreter prerequisite to commencement of proceeding.
Effective 5/9/2017 78B-1-205. Readiness of interpreter prerequisite to commencement of proceeding. If an interpreter is required to be appointed under this part, the appointing authority may not commence proceedings until the appointed interpreter is in full view of and spatially situated to assure effective communication with the deaf or hard of hearing participants. Amended by […]
Section 206 – List of qualified interpreters — Use — Appointment of another.
Effective 5/9/2017 78B-1-206. List of qualified interpreters — Use — Appointment of another. (1) The Utah State Office of Rehabilitation created in Section 35A-1-202 shall establish, maintain, update, and distribute a list of qualified interpreters. (2) (a) When an interpreter is required under this part, the appointing authority shall use one of the interpreters on […]