Interpreter for the Deaf - Tulsa Trial Attorneys

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Interpreter - Definition

An "interpreter" is a qualified legal interpreter for the deaf or hard-of-hearing, as defined by Section 2408 of Title 63 of the Oklahoma Statutes. 12 O.S. 2503.1

“Deaf or Hard of Hearing Person” - Definition

A "deaf or hard-of-hearing person" is a person whose sense of hearing is nonfunctional for the ordinary purposes of life. 12 O.S. 2503.1

When is Communication Made Confidential?

A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

A person has a privilege to refuse to disclose and to prevent an interpreter from disclosing such person's confidential communication made while such interpreter is acting in the capacity as an interpreter for persons who are deaf or hard-of-hearing.

The privilege may be claimed by the interpreter, by the deaf or hard-of-hearing person, by the guardian or conservator of the deaf or hard-of-hearing person, or by the personal representative of the deaf or hard-of-hearing person if the deaf or hard-of-hearing person is deceased.

An interpreter who is employed to interpret, transliterate or relay a conversation between a person who can hear and a deaf or hard-of-hearing person is a conduit for the conversation and may not disclose or be compelled to disclose, through reporting or testimony or by subpoena, the contents of a confidential communication. 12 O.S. 2503.1

Privilege Pursuant to this Section for Communications

There is no privilege pursuant to this section for communications:

1. If the services of the interpreter were sought or obtained to enable or aid anyone to commit or plan to commit what the deaf or hard-of-hearing person knew, or reasonably should have known, to be a crime or fraud or physical injury to the deaf or hard-of-hearing person or another individual;

2. In which the deaf or hard-of-hearing person has expressed an intent to engage in conduct likely to result in imminent death or serious bodily injury to the deaf or hard-of-hearing person or another individual;

3. Relevant to an issue in a proceeding challenging the competency of the interpreter;

4. Relevant to a breach of duty by the interpreter; or

5. That are subject to a duty to disclose under statutory law. 12 O.S. 2503.1

General Provisions

• Legislative Purpose

• Scope of Rules

• Rulings on Evidence

• Preliminary Questions

• Limited Admissibility

• Remainder of Part of Record

Judicial Notice

• Judicial Notice of Law

• Judicial Notice of Adjudicative Facts

• Determining Propriety of Taking Judicial Notice

Presumptions

• Establishment of Basic Fact

• Effect of Presumptions in Civil Cases

• Presumptions in Criminal Cases

• Inconsistent Presumptions

Relevance

• Relevant Evidence Generally Admissible - Irrelevant Evidence Inadmissible

• Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Cumulative Nature of Evidence

• Character Evidence Not Admissible to Prove Conduct

• Methods of Proving Character

• Habit - Routine Practice

• Subsequent Remedial Measures

• Compromise and Offers to Compromise

• Payment of Medical and Similar Expenses

• Offer to Plead Guilty - Nolo Contendere - Withdrawn Plea of Guilty

• Liability Insurance

• Sexual Offense Against Another Person - Evidence of Complaining Witness’s Previous Sexual Conduct Inadmissible - Exception

• Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor

• Evidence of Commission of Other Child Molestation Offense - Admissibility - Disclosures by Prosecutor

Privilege

• Privileges Recognized Only as Provided

• Attorney-Client Privilege

• Accountant-Client Privilege

• Physician- and Psychotherapist-Patient Privilege

• Interpreter for the Deaf

• Husband Wife Privilege

• Religious Privilege

• Journalist's Privilege

• Renumbered as 12 O.S. § 2503.1 by Laws 2002, HB 1939, c. 468, § 78, eff. November 1, 2002

• Peer Support Counseling Privilege

• Political Vote

• Trade Secrets

• Secrets of State and Other Official Information; Governmental Privileges

• Identity of Informer

• Crime Stoppers Organization

• Waiver of Privilege by Voluntary Disclosure

• Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege

• Comment Upon or Inference From Claim of Privilege - Instruction

Witnesses

• General Rule of Competency

• Lack of Personal Knowledge

• Oath or Affirmation

• Interpreters

• Competency of Judge as Witness

• Competency of Juror as Witness

• Who May Impeach

• Evidence of Character and Conduct of Witness

• Impeachment by Evidence of Conviction of Crime

• Religious Beliefs or Opinions

• Mode and Order of Interrogation and Presentation

• Repealed

• Unusual Court Procedures to Protect Rights of Incapacitated Persons - Criminal Defendant - Judicial Integrity

Uniform Child Witness Testimony by Alternative Methods Act

• Short Title

• Definitions

• Applicability in Criminal and Noncriminal Proceedings

• Hearing - When Ordered, How Conducted, Rules of Evidence

• When Child Witness May Testify by Alternate Means - Findings, Factors, Evidentiary Standards

• Factors Affecting Selection of Alternate Method of Testifying

• Orders

• Opportunity for Cross Examination

• Construction of Act

• Use of a Certified Therapeutic Dog

• Writing Used to Refresh Memory

• Prior Statements of Witnesses

• Calling and Interrogation of Witnesses by Court

• Exclusion of Witnesses

Expert and Opinion Testimony

• Opinion Testimony by Lay Witnesses

• Testimony by Experts

• Bases of Opinion Testimony by Experts

• Opinion on Ultimate Issue

• Disclosure of Facts or Data Underlying Expert Opinion

Hearsay

• Definitions

• Hearsay Rule

• Hearsay Exceptions - Availability of Declarant Immaterial

• Statements by Certain Children Regarding Physical or Sexual Abuse - Admissibility

• Renumbered as 12 O.S. § 2611.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999

• Hearsay Exception - Declarant Unavailable

• Hearsay Exception - Exceptional Circumstances

• Hearsay Within Hearsay

• Attacking and Supporting Credibility of Declarant

Authentication and Identification

• Requirement of Authentication or Identification

• Self-Authentication

• Subscribing Witness's Testimony Unnecessary

Contents of Writings, Recordings and Photographs

• Definitions

• Requirement of Original

• Admissibility of Duplicates

• Admissibility of Other Evidence of Contents

• Public Records

• Summaries

• Testimony or Written Admission of Party

• Functions of Judge and Jury

• Medical Bills - Identification

• Admissibility of Medical Expenses

• Repealed

• Admissibility of Evidence of Assemblage in Exercise of Free Speech or Display of Religious Beliefs

Interpreter for the Deaf Litigation Expertise

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