(a) Whenever any person is a party or witness in a civil action in this State, the court shall, upon its own motion or that of a party, determine whether the person is capable of understanding the English language and is capable of expressing himself or herself in the English language so as to be understood directly by counsel, court, or jury. If the court finds the person incapable of so understanding or so expressing himself or herself, the court shall appoint an interpreter for the person whom he or she can understand and who can understand him or her. All appointments for court interpreters in civil matters shall be pursuant to the Illinois Supreme Court Language Access Policy and the judicial circuit's Language Access Plan that is appropriate for the demands and resources specific to the Illinois courts within that particular circuit.
8-1403.Interpreters for civil cases.
Article VIII. Evidence · Part 14. Interpreters · Last amended 2016 · Last verified July 20, 2026
In one sentenceDirects courts to determine whether a civil party or witness can understand and communicate in English and, if not, to appoint an interpreter under the Illinois Supreme Court's Language Access Policy.
Full Text of 735 ILCS 5/8-1403
(b) The court shall enter an order of its appointment of the interpreter who shall be sworn to truly interpret or translate all questions propounded or answers given as directed by the court.
(c) As used in this Section, "interpreter" includes a sign language interpreter.
Plain-English Summary
Whenever a person is a party or witness in an Illinois civil action, this section requires the court, on its own motion or a party's, to determine whether that person can understand English and express himself or herself in English so as to be understood directly by counsel, court, or jury. If the court finds the person incapable of that, it must appoint an interpreter the person can understand and who can understand the person. Appointments follow the Illinois Supreme Court's statewide Language Access Policy and the judicial circuit's own Language Access Plan.
Once appointed, the court enters an order of appointment, and the interpreter is sworn to truly interpret or translate the questions and answers as the court directs, echoing the general oath duty set out in Section 8-1401.
The section closes by defining "interpreter" to include a sign language interpreter, tying this civil-case procedure back to Section 8-1402's deaf-accommodation mandate.
Frequently Asked Questions
Who decides whether a party or witness needs an interpreter in a civil case?
The court, on its own motion or on a party's motion.
What standard does the court apply?
Whether the person is capable of understanding English and of expressing himself or herself in English so as to be understood directly by counsel, court, or jury.
Is the interpreter's oath under this section the same as under Section 8-1401?
It serves the same function: the interpreter is sworn to truly interpret or translate all questions and answers as the court directs, matching Section 8-1401's general oath requirement.
Does "interpreter" include a sign language interpreter under this section?
Yes — subsection (c) states that "interpreter" includes a sign language interpreter.
What policy governs how the court selects and appoints the interpreter?
The Illinois Supreme Court Language Access Policy and the judicial circuit's own Language Access Plan, tailored to that circuit's demands and resources.
Amendment History
(Source: P.A. 99-133, eff. 1-1-16.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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