Court proceedings often involve complex legal matters, precise wording, and important oral statements. If parties to the proceedings do not have a sufficient command of the German language, court-based language mediation provided by a Court interpreter may be required.
Quick Answer: A court interpreter conveys oral communication during court proceedings. According to Section 185 of the German Courts Constitution Act (GVG), an interpreter must generally be called upon when proceedings involve individuals who do not speak German. Additionally, special legal requirements apply to generally sworn court interpreters.
What is a court interpreter?
A court interpreter translates spoken communication between the court and the parties to the proceedings into the other language during court proceedings. The translation should be as accurate, complete, and neutral as possible.
The court interpreter does not take sides; he or she provides Not legal advice, does not evaluate the substance of statements and does not decide the outcome of the proceedings. Its sole function is to translate the language.
When is an interpreter required in court?
Pursuant to Section 185(1) of the German Court Organization Act (GVG), the following generally applies: If proceedings involve persons who do not speak German, an interpreter should be called in.
Legal interpretation may be relevant, for example, in the following contexts:
- Criminal proceedings
- Civil proceedings
- Family Matters
- court hearings and depositions
- Proceedings before labor courts
- Proceedings before social courts
- Proceedings before administrative courts
The law also provides for certain exceptions. For example, under Section 185(2) of the GVG, an interpreter need not be called upon if all of the parties involved are fluent in the foreign language in question.
In family law cases and matters of noncontentious jurisdiction, pursuant to Section 185(3) of the German Court Organization Act (GVG), an interpreter is not required if the judge is fluent in the language in which the parties are communicating.
The specific procedural requirements that apply depend on the particular proceeding.
What are the duties of a court interpreter?
The typical duties of a court interpreter may include, in particular:
- Translating the court's questions into another language
- Transcribe the statements made by the parties to the proceedings
- Translate responses into the other language
- Transmit oral statements during a hearing
- to facilitate linguistic communication during hearings and interrogations
A court interpreter expressly states Not legal advice and does not determine the legal significance or content of a statement. The legal assessment is the responsibility of the court or the legal professionals involved.
Does a court interpreter generally have to be certified?
It is not true that only court interpreters who have been sworn in as such are ever permitted to work in court.
Under Section 189(1) of the German Code of Civil Procedure (GVG), an interpreter must, as a general rule, take an oath stating that he or she translated faithfully and accurately will be. The law provides for certain forms and exceptions in this regard.
If an interpreter for proceedings of this nature is already generally sworn in under the Court Interpreter Act or under relevant state laws, then, pursuant to § 189(2) of the German Code of Civil Procedure (GVG), invoking this previously taken oath is generally sufficient before federal and state courts.
In family matters and matters of non-contentious jurisdiction, the administration of an oath pursuant to § 189(3) of the German Court Organization Act (GVG) is not required if the parties involved waive this requirement.
You can learn more about the meaning, requirements, and duration of the general oath of office in our article Sworn Interpreter in Germany: When Do You Need One?.
What are the requirements for court interpreters who are generally sworn in?
The general certification of court interpreters is governed by the Court Interpreter Act.
The legal requirements include, among other things:
- the personal requirements prescribed by law
- Legal age
- Personal suitability
- Orderly financial circumstances
- Reliability
- Required proficiency in the German language
- Required expertise in the language for which the person is to be sworn in
- Basic knowledge of German legal terminology
The required professional knowledge must be demonstrated in accordance with legal requirements. The Court Interpreter Act provides for various examinations and certification requirements for this purpose.
Very good general language skills alone are therefore not automatically sufficient for general certification.
For a more detailed explanation, please see our article Sworn Interpreter in Germany: When Do You Need One?.
Why is legal language in German important?
Legal proceedings involve specialized terminology, including legal terms, procedural phrases, and statements whose precise meaning may be relevant to the proceedings.
Knowledge of legal German is therefore one of the key professional requirements for court-based language mediation and also plays an important role in the general certification process.
Accurate language interpretation is particularly important in a legal setting because even minor linguistic differences can alter the meaning of a statement.
Consecutive or simultaneous—how is interpreting done in court?
Depending on the procedure and organizational context, different interpreting methods may be used.
Consecutive Interpreting
In consecutive interpreting, the language is conveyed in segments. One person speaks a segment first, and then the interpreter conveys what was said into the other language.
Simultaneous Interpretation
In simultaneous interpreting, what is said is conveyed into the other language almost instantly. Depending on the situation, technical aids may be used for this purpose.
Which method is used in a specific court proceeding depends on the type of proceeding, the context of the discussion, and the organizational framework of the respective court.
Can a court interpreter participate by video?
Yes, under certain conditions.
Under Section 185(1a) of the German Courts Constitution Act (GVG), the presiding judge may permit or order the interpreter to participate in a hearing, examination, or questioning via video and audio transmission.
The chairperson may also order that the interpreter be present at the same location as the person who does not speak German.
This provides a legal basis for Video Interpreting or remote participation in appropriate court proceedings. However, this does not mean that every court hearing can automatically be interpreted via video. The decision is made in each individual proceeding in accordance with the statutory requirements.
Who hires a court interpreter?
In legal proceedings, the court or the competent authority typically appoints an interpreter as needed during the proceedings.
In addition, other situations may arise, such as preliminary discussions with attorneys, companies, or other parties involved. From an organizational standpoint, such private or out-of-court engagements must be distinguished from direct court-ordered assignments.
Court Interpreter or Translator—What's the Difference?
Even in a legal context, the two professions are often confused with one another.
- A Court interpreter mainly transmits the spoken language, for example, during a trial, hearing, or interrogation.
- A Translator transmits written content, such as certificates, pleadings, decisions, or other documents.
You can find a detailed explanation in our article Interpreter or Translator: What's the Difference?.
What information is needed when requesting a court interpreter?
To determine which language interpreter is suitable and available for an appointment, please provide the following information if possible:
- Required language
- dialect or language variant, if applicable
- Date
- Time
- competent court
- Full address
- Type of procedure or application
- Expected duration
- Contact person, if available
- specific qualification or certification requirements
- File reference number, to the extent necessary for organizational purposes and consistent with data protection laws
- Desired type of use, if relevant to the request
If a specific certification or qualification is expressly required for the assignment, this should be specified in the request.
Request a court interpreter through StartDE
StartDE Consulting assists individuals, businesses, government agencies, and institutions in arranging professional language interpretation services for court appearances, government agency appointments, and other institutional meetings.
For court-related inquiries, please specify, in particular, the language, date, court, location, and, if applicable, any required qualifications or a general oath of office.
The more detailed the organizational information provided in the initial request, the more precisely we can determine which language interpreter is suitable for the specific appointment.
Based on the information provided, it is then possible to determine whether a language interpreter suitable for the specific assignment is available.
Legal Basis
The following regulations are particularly relevant to the legal information in this article:
- § 185 GVG – Language Interpretation for Non-German-Speaking Parties
- § 189 GVG – Swearing In of the Interpreter
- Court Interpreter Act (GDolmG)
Note: Specific requirements may vary depending on the court, type of proceeding, and circumstances. This article is intended for general informational purposes only and is not a substitute for legal advice in specific cases.
Frequently Asked Questions About Court Interpreters
When do you need an interpreter in court?
If proceedings involve individuals who do not speak German, Section 185 of the German Court Organization Act (GVG) generally requires the use of an interpreter. The law also provides for certain exceptions and special provisions.
What does a court interpreter do?
A court interpreter translates oral communication between the court and the parties into the other language. The interpreter does not provide legal advice and does not make any decisions regarding the substance of the proceedings.
Is every court interpreter generally sworn in?
The specific requirements set forth in the Court Interpreter Act apply to court interpreters who have taken a general oath of office. The requirements for a specific court assignment are determined by the relevant legal provisions and the proceedings in question.
Can a court interpreter participate by video?
Yes. Section 185(1a) of the German Court Organization Act (GVG) allows the presiding judge to permit or order the participation of an interpreter via video and audio transmission.
How much does a court interpreter earn per hour?
If compensation is based on the JVEG, the statutory interpreter’s fee under Section 9(5) of the JVEG is currently, as a general rule, 93 euros per hour. Different rates may apply for other contractual or service relationships.
How long is the general swearing-in valid?
Under Section 7 of the GDolmG, a general certification generally expires after five years. It may be extended for an additional five years upon application, provided the statutory requirements continue to be met.
What is the difference between a court interpreter and a translator?
A court interpreter primarily interprets spoken communication during legal proceedings. A translator, on the other hand, translates written material such as legal documents, pleadings, or other documents.
