Rule 1.300. Access to programs, services, and professionals

(a) Definitions As used in this chapter, unless the context or subject matter otherwise requires, the following definitions apply:

(1) “Court-provided programs, services, and professionals” are services offered and provided by court employees or by contractors or vendors under agreement with the court.

(2) “Court litigant” is a person who is a party in a court case or other legal proceeding.

(3) “Language services” are services designed to provide access to the legal system to limited English proficient court litigants and may include in-person interpretation, telephonic interpreter services, video remote interpreting services, and services provided by assigned bilingual employees and bilingual volunteers.

(4) “Limited English proficient” describes a person who speaks English “less than very well” and who, as a result, cannot understand or participate in a court proceeding.

(5) “Private programs, services, and professionals” are services provided by outside agencies, organizations, and persons that court litigants may be required to access by court order.

(b) Provision of language services in court-ordered and court-provided programs, services, and professionals As soon as feasible, each court must adopt procedures to enable limited English proficient court litigants to access court-ordered and court-provided programs, services, and professionals to the same extent as persons who are proficient in English.

(c) Provision of language services in private programs and services, and by private professionals To the extent feasible, a court should avoid ordering a limited English proficient court litigant to a private program, service, or professional that is not language accessible.

(d) Delay in access to services If a limited English proficient court litigant is unable to access a private program, service, or professional within the time period ordered by the court due to limitations in language service availability, the court litigant may submit a statement to the court indicating the reason for the delay, and the court may, for good cause, enter an alternative order or extend the time for completion. Court litigants may useService Not Available in My Language: Request to Change Court Order(form LA-400) for this purpose. The court may respond to the request usingService Not Available in My Language: Order(form LA-450).

(e) Use of technology Courts should seek out opportunities to collaborate with each other and with community partners in the provision of language services, and should employ technology to promote the sharing of bilingual staff and certified and registered court interpreters among courts, as appropriate.