Rule 1009. Translating a Foreign Language Document
(a) Submitting a Translation. A translation of a foreign language document is admissible if, at least 45 days before trial, the proponent serves on all parties: (1) the translation and the underlying foreign language document; and
(2) a qualified translator’s affidavit or unsworn declaration that sets forth the translator’s qualifications and certifies that the translation is accurate.
(b) Objection. When objecting to a translation’s accuracy, a party should specifically indicate its inaccuracies and offer an accurate translation. A party must serve the objection on all parties at least 15 days before trial.
(c) Effect of Failing to Object or Submit a Conflicting Translation. If the underlying foreign language document is otherwise admissible, the court must admit—and may not allow a party to attack the accuracy of—a translation submitted under subdivision (a) unless the party has:
(1) submitted a conflicting translation under subdivision (a); or
(2) objected to the translation under subdivision (b).
(d) Effect of Objecting or Submitting a Conflicting Translation. If conflicting translations are submitted under subdivision (a) or an objection is made under subdivision (b), the court must determine whether there is a genuine issue about the accuracy of a material part of the translation. If so, the trier of fact must resolve the issue.
(e) Qualified Translator May Testify. Except for subdivision (c), this rule does not preclude a party from offering the testimony of a qualified translator to translate a foreign language document.
(f) Time Limits. On a party’s motion and for good cause, the court may alter this rule’s time limits.
(g) Court-Appointed Translator. If necessary, the court may appoint a qualified translator. The reasonable value of the translator’s services must be taxed as court costs.
History: Added Feb. 25, 1998, eff. March 1, 1998; amended effective April 1, 2015
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