RulesofCivilProcedure.com Civil Procedure · Every State

§ 21.004.Interpreter's Position in Court

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 21. Interpreters · Subchapter A. Interpreters for the Deaf · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 21.004 bars the court from starting proceedings until the interpreter is in position within 10 feet of and in full view of the deaf person.

Full Text of § 21.004

Text size

If a court is required to appoint an interpreter under this subchapter, the court may not start proceedings until the appointed interpreter is in court in a position not more than 10 feet from and in full view of the deaf person.
End

Plain-English Summary

A physical requirement, stated as a prohibition on the court rather than as guidance.

Where a court is required to appoint an interpreter under this subchapter, it may not start proceedings until the appointed interpreter is in court in a position not more than 10 feet from and in full view of the deaf person.

Both conditions are about visibility, and sign language is why. Signed languages carry meaning in handshape, movement, facial expression, and body position at once. An interpreter who cannot be seen clearly is not interpreting.

Ten feet is a legislative judgment about the distance at which that stops working, and it removes the question from the discretion of a judge managing a crowded courtroom.

"Full view" is the harder of the two to satisfy. A courtroom has counsel tables, a bench, monitors, and people who move, and an interpreter well within ten feet can still be blocked. The requirement is continuous — it is a condition of the proceedings, not a seating instruction to be met once.

Note the form: "may not start proceedings". The obligation is on the court, not on the deaf person to object, which matters because the person least able to point out that they cannot see the interpreter is the person who needs one.

The provision belongs to a subchapter that treats interpretation as a condition of the proceeding rather than an accommodation within it — the same reason the interpreter takes an oath, holds a privilege, and may accompany a deaf juror into deliberations.

Frequently Asked Questions

Where must the interpreter sit?

Not more than 10 feet from the deaf person and in full view of them.

Why does the position matter?

Because signed languages carry meaning in handshape, movement, and facial expression together. An interpreter who cannot be seen clearly is not interpreting.

Is the requirement discretionary?

No. The court may not start proceedings until the interpreter is in position.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source