§508 Interpreter/transliterator/relay Agent-deaf Person Privilege

• Library: Evidence Restated Deskbook (2021 Ed.)

§508 Interpreter/Transliterator/Relay Agent-Deaf Person Privilege

A. General rule of privilege.

1. Interpreting, transliterating, and relaying. A person who interprets, transliterates, or relays a conversation between a person who can hear and a deaf person is deemed a conduit for the conversation and is barred from disclosing the contents of the conversation that the person facilitated without the prior consent of the person who received the professional services.

2. Auxiliary aids and services provider. An auxiliary aids and services provider or relay agent who is employed to interpret, transliterate, or relay a conversation between a person who can hear and a person who is deaf or speech impaired cannot disclose the contents of the conversation unless the person for whom the agent interpreted, transliterated, or relayed has given written permission for that disclosure.

B. Exception. A court may order disclosure of the contents of a conversation to provide evidence in proceedings related to criminal charges, provided that the communication is not otherwise privileged by law.

Notes

The privileges are contained in §§ 209.263 and 209.265.1, RSMo 2016. They provide as follows:

209.263. Person relaying conversation not to disclose contents, exception—order of disclosure—privilege

1. A person who interprets, transliterates or relays a conversation

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