IN RE: AMENDMENTS TO OKLAHOMA SUPREME COURT RULES

Summary

The Oklahoma Supreme Court adopted new Rule 1.410 concerning audio recording of proceedings conducted with non-certified foreign language interpreters and reserved Rules 1.402 through 1.409. The rule addresses recording methods, storage and preservation, waivers, copy fees, telephonic interpreters, and implementation by August 1, 2014, subject to equipment availability.

Holdings

1. The Supreme Court of Oklahoma adopted Rule 1.410, requiring that, whenever possible, proceedings interpreted by a non-certified foreign-language interpreter be audio recorded and that the recording be made an official part of the court record.
2. If recording cannot be accomplished because of technical or other reasons, a court may permit waiver of the recording requirement only upon finding that delay would cause substantial harm or prejudice and after obtaining a knowing and voluntary waiver on the record and in writing from the necessary parties or participants.
3. Rules 1.402 through 1.409 of Part XI of the Oklahoma Supreme Court Rules were reserved.

Questions Presented

1. Whether the Supreme Court of Oklahoma should adopt a new rule governing audio recording of proceedings involving non-certified foreign-language interpreters.
2. What procedures should govern the preservation, storage, reproduction, waiver, and implementation of recordings required by 20 O.S. § 1710.

Disposition

other