The Language of Proceedings and the Interpreter Guarantee
In a civil court a case is conducted in the state language, yet a person who does not know the state language cannot for that reason be sidelined in the process. Article 9 of the Civil Procedure Code of Georgia promises that a person not knowing the state language shall have an interpreter appointed. This guarantee is not a privilege of the court — demanding its application serves both the procedural rights of the party and the full examination of the case: explanations, testimony and documents that the party does not understand at all, or fully, cannot serve as the evidentiary basis for defending that party's position.
The same article contains the rule of open justice: all cases in court are examined at open hearings unless this contradicts the interests of protecting state secrets; examination at a closed hearing is also admissible in other cases provided by legislation, on the basis of a substantiated motion of a party. A closed hearing is attended by the parties and their representatives, and where necessary — by witnesses, experts, specialists and interpreters; the court issues a substantiated ruling on such examination. The figure of the interpreter is relevant here as well: regardless of the format of the hearing, a language barrier must not become a factor in the quality of the examination.
The Scope of the Interpreter's Duty
Article 213 describes precisely what a court interpreter does. The court explains to the interpreter the duty to translate the explanations, testimony and statements of persons who do not know the language of proceedings or have a limitation of capacity that excludes communication without sign language. This means that interpretation is not confined to a party speaking a foreign tongue — a person with a hearing impairment is likewise served by an interpreter in sign language.
The interpreter's duty runs in both directions: the interpreter must translate for such persons the content of the explanations, testimony and statements of others and, in parallel, the content of documents published in court, as well as the instructions, rulings and decisions of the court. The interpreter thus builds a bridge between the person and the court in both directions: not only does what the person says enter the process, but the whole course of the process becomes comprehensible to the person.
Liability and the Fine
The court warns the interpreter that for a deliberately wrong translation the interpreter answers under criminal procedure. This warning is not a formality: the conscious distortion of any significant statement obstructs the court's establishment of the truth, and the law provides the strictest sanction for it. Correct translation — oral or of the content of a document — is thus the interpreter's professional and legal duty simultaneously.
A different sanction is provided for procedural discipline: if the interpreter fails to appear in court without a valid reason or evades the performance of the duty, the interpreter is fined 50 GEL. The amount seems small, but its essence matters — the interpreter's absence causes the adjournment and postponement of the hearing, a loss of time and expense for every participant.
When to Request an Interpreter
In practice the question of an interpreter must be raised in good time. If a party does not command the state language, this should be communicated to the court in the statement of claim or at the first hearing, so that an interpreter is secured for the hearing in time. If the need for an interpreter emerges during a hearing, the court resolves the appointment by instruction. The party's representative, too, may draw attention to this circumstance — linguistic assistance by counsel does not replace the institution of the interpreter, because the entire material of the process and the court's acts must become comprehensible to the party precisely through the interpreter.
Special attention is owed to documents: the content of written evidence submitted to court must be translated at the same hearing for the person who does not command the language — otherwise the party cannot conduct a defense or motions connected with those documents. Omitting this moment often becomes a ground of appeal.
Frequently Asked Questions
Whose obligation is it to secure an interpreter?
A person not knowing the state language has an interpreter appointed by force of Article 9 of the Civil Procedure Code — it is the court's duty, not a matter for the party to arrange at its own expense.
Does sign-language interpretation fall within the rule?
Yes — Article 213 directly describes a limitation of capacity that excludes communication without sign language; the interpreter's duty operates to its full extent in that case too.
What awaits an interpreter for a wrong translation?
Liability under criminal law — the court warns the interpreter about deliberately wrong translation by force of Article 213.
What happens if the interpreter fails to appear?
Failure to appear without a valid reason, or evasion of the duty, is punished by a fine of 50 GEL; the hearing, as a rule, is then held anew.
How We Help on Legal.ge
The attorneys at Legal.ge assist both parties and other participants of a process in overcoming a language barrier: we prepare motions for the appointment of an interpreter, monitor the completeness of the translation and, where necessary, substantiate an appeal against the results of a hearing on grounds of the violation of linguistic guarantees.
If your case in court has stalled because of a language problem, or you want the process to run fully in your own language, contact us at Legal.ge — we will assess the situation and plan the motions on the exact norms of the Code.