In Texas, a court shall appoint a licensed court interpreter when a party or witness who cannot understand English asks for one, under Government Code section 57.002. The interpreter is free if you file a Statement of Inability to Afford Court Costs. Courts do not supply interpreters for depositions or mediation; the parties do.
What the Court Must Do Under Government Code 57.002
The statute is not discretionary language. On the motion of a party or on request of a witness, the court shall appoint a licensed court interpreter for a person who cannot understand or speak English or who is deaf or hard of hearing.
The request should be made early and in writing, not announced on the morning of a hearing. Judges and coordinators schedule interpreters in advance, and a late request is how settings get reset.
One interpreter can serve the case, but the request should identify the language, the specific dialect if it matters, and every person who needs one, including witnesses and family members who will testify.
Licensed or Merely ‘Qualified’: The Rule in Counties Over 50,000
The statute draws a line at county population, and Tarrant County is far above the 50,000 threshold. In a county that size, an unlicensed interpreter may be used only if the language needed is not Spanish and no licensed interpreter is available within 75 miles.
Two practical consequences follow. For Spanish, a licensed court interpreter is required in a Tarrant County proceeding. For Vietnamese, the exception can apply, which means a court may appoint an unlicensed but qualified interpreter when no licensed one is reachable inside that radius.
That distinction matters more than it looks. Licensing means tested skill in legal terminology under oath. A bilingual person who is not a licensed court interpreter may be perfectly fluent and still struggle with terms like proximate cause, impairment rating, or subrogation.
The Free State Remote Service Covers Spanish, Not Vietnamese
Texas operates a remote interpreter service that lets courts bring an interpreter in by video or telephone at no cost to the parties. It is a real resource, and for Spanish speakers it fills gaps that would otherwise delay hearings.
It does not cover Vietnamese. For Vietnamese speakers, and for other less commonly requested languages, the court has to find and schedule a person, which takes longer and sometimes means fewer available settings.
If you speak Vietnamese and your case is in Tarrant County, treat interpreter scheduling as a deadline of its own. Raise it at the first setting and confirm it before each one.
The Gap Nobody Warns You About: Depositions and Mediation
Court-appointed interpreters cover court proceedings. They do not cover the two events where most injury cases are actually decided. For a deposition or a mediation, the parties supply and pay for their own interpreter. No judge arranges it and no free service backstops it.
This is not a small detail. A deposition is sworn testimony, transcribed word for word, and it is the version of your account that the defense will quote for the rest of the case. Mediation is where the large majority of injury cases resolve, and a settlement decision is made in a room over several hours based on what you understand in the moment.
Plan for both from the beginning. A firm that handles cases for limited-English clients should be arranging a professional interpreter for the deposition, for mediation, and for the meetings where you prepare for each.
Setting
Who provides the interpreter
Who pays
Hearing or trial in court
The court appoints a licensed court interpreter on request
Free if you file a Statement of Inability to Afford Court Costs; otherwise may be handled as a court cost
Deposition
The parties arrange it themselves
The parties; normally handled as a case expense
Mediation
The parties arrange it themselves
The parties; normally handled as a case expense
Meeting with your own lawyer
Your law firm
The firm, as part of representing you
Call with an insurance adjuster
The insurer, only if it chooses to
No one is required to provide one at all
Sources: Gov’t Code §57.002 (court appointment and licensing); Ins. Code §2301.058 (no duty for insurers). Cost treatment varies by case.
Who Pays, and How It Shows Up in Your Case
For court proceedings, the interpreter is free to a person who files a Statement of Inability to Afford Court Costs, the sworn form Texas uses in place of the older affidavit of indigency. It is filed with the clerk, and it can also waive filing fees and service costs.
For depositions and mediation, the interpreter is a case expense like a court reporter or medical records fee. In a contingency fee arrangement these expenses are usually advanced by the firm and repaid out of the recovery. Ask specifically how your firm handles that, and get the answer in the written fee agreement.
Whether interpreter expenses can later be recovered as costs from the other side depends on the case and the court. Do not assume they will be, and do not let that uncertainty stop you from using a professional interpreter where testimony is involved.
Practical Steps That Prevent Problems
Make the request in writing at the earliest setting, keep a copy, and confirm it again a week before each hearing. Tell your lawyer the language and any regional dialect, and say plainly how much English you are comfortable with. Half-understanding a question under oath is worse than not understanding it at all.
Do not use children or family members as interpreters for testimony. They are not neutral, they may be witnesses in your own case, and they will smooth over what you actually said. Save family help for scheduling and paperwork, not for sworn statements.
Document translation is separate work. Medical records, employment files, and exhibits used in court may need a certified translator rather than an interpreter, and that should be budgeted early.
If you are unsure how interpreters will be handled in your case, ask before you sign with any firm. Consultations at Jim Ross Law Group are free, in person or by phone at 817-275-4100, and there is no fee unless we win.
Frequently Asked Questions
How do I ask for an interpreter in a Tarrant County case?
Your attorney files a written request or motion with the court, identifying the language and who needs the interpreter. If you do not have a lawyer, contact the court coordinator for the court your case is assigned to and make the request in writing well before your setting. Government Code section 57.002 says the court shall appoint one on request.
Is the court interpreter free?
For court proceedings, yes, if you file a Statement of Inability to Afford Court Costs. That sworn form is filed with the clerk and can also waive filing fees and service costs. Without it, interpreter expense may be handled as a court cost in the case. The free treatment applies to court proceedings, not to depositions or mediation.
Can my daughter interpret for me at my deposition?
It is a bad idea and the defense may object. A deposition is sworn testimony transcribed word for word. A family member is not a neutral interpreter, may be a witness in the same case, and will naturally condense or soften answers. Use a professional interpreter arranged by your attorney, since the parties are responsible for providing one anyway.
Is there a licensed Vietnamese court interpreter available in Tarrant County?
Availability varies, and that is exactly why the statute has an exception. In counties over 50,000, an unlicensed but qualified interpreter may be used for a non-Spanish language when no licensed interpreter is available within 75 miles. The state’s free remote service does not cover Vietnamese either, so ask about scheduling as early as possible.
Does the interpreter also translate my medical records?
No. Interpreting is spoken and happens in real time; translating documents is separate written work, often requiring a certified translator for court exhibits. Medical records, pay records, and employment files in another language usually need certified translation, which is handled as a case expense and should be planned for early rather than the week of trial.
Who pays for the interpreter at mediation?
The parties do. Courts do not supply interpreters for mediation, and no free service covers it. In practice, your side arranges an interpreter for you and, in a contingency fee case, the firm usually advances that cost and is repaid from the recovery. Confirm how your firm handles it in the written fee agreement.
Will using an interpreter slow my case down?
Testimony takes longer because everything is said twice, and scheduling for less commonly requested languages can affect hearing dates. Neither changes what your case is worth. What does damage a case is testimony given in partly understood English, because a transcript records the answer you gave, not the question you thought you heard.
What happens if the interpreter makes a mistake while I am testifying?
Say so immediately and on the record so the error can be corrected while everyone remembers the exchange. Your attorney can raise it with the judge or note it during a deposition, and deposition transcripts have a correction process with defined deadlines. Waiting until trial to raise a translation problem makes it far harder to fix.
This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee or predict a similar outcome in any future case. Jim Ross Law Group, P.C., 2201 E Lamar Blvd #110, Arlington, TX 76006.