If the witness to be examined does not understand the English language, the examining party must, at his own expense, provide a translation of all questions and answers. Where the court settles questions, it may settle them in the foreign language and in English. It may use the services of one or more experts whose compensation shall be paid by the party seeking the examination and may be taxed as a disbursement.
R 3114.Examination of witness who does not understand the English language
Article 31. Disclosure · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3114 requires the party examining a non-English-speaking witness to provide and pay for translation of every question and answer, and lets the court use paid interpreters and settle disputed questions in both languages.
Full Text of CPLR 3114
Plain-English Summary
When the deponent does not understand English, the burden falls on the party doing the examining: that party has to arrange and pay for translating every question asked and every answer given. This keeps the cost of accommodating a language barrier from landing on the witness or on the opposing side, and it puts the responsibility where the incentive to depose the witness already lies.
The rule also anticipates disputes over how a question should be phrased once translation is involved. If the parties disagree on the wording, the court can settle the questions, and it may do so in both the witness's language and English, so there is a clear record of exactly what was asked. The court can call on one or more experts to help with that process, and their compensation is paid by the party who wanted the examination in the first place, with the option to tax it later as a disbursement in the case.
Frequently Asked Questions
Who pays for an interpreter at a New York deposition?
The party who is examining the witness. CPLR 3114 puts the cost of translating questions and answers on the examining party when the witness does not understand English.
What happens if the parties disagree on how a translated question should be worded?
The court can settle the disputed questions, and may phrase its ruling in both the witness's own language and in English so the record is clear.
Can the court appoint its own interpreter for a deposition in New York?
Yes. The court may use the services of one or more experts to help settle translation disputes, with the party who sought the examination paying for that expert's compensation.
Can the translation cost from CPLR 3114 be recovered later in the case?
Yes, in part. The compensation paid to any court-used expert may be taxed as a disbursement, though the rule places the primary translation burden and cost on the examining party in the first instance.
Does CPLR 3114 apply to written-question depositions as well as oral ones?
The rule speaks broadly to examining a witness who does not understand English and to the court settling questions, so it applies whenever translation of questions and answers becomes necessary, regardless of format.
Advisory Committee Notes
This rule is based upon CPA § 309-a.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: deposition interpreter cost New Yorknon-English speaking witness deposition New Yorktranslation deposition New York lawsuit