Interpreters in civil, employment and family court

Terms used

• Justicia gratuita — Justicia gratuita is Spain's free legal aid for people with low income, covering lawyer, court fees, and interpreter and translation costs.
• IPREM — The IPREM is a public income index, set every year, used to decide eligibility for benefits such as free legal aid.
• Traductor-intérprete jurado — A traductor-intérprete jurado is an official sworn translator appointed by the Ministry of Foreign Affairs, whose translations courts accept.
• Colegio de Abogados — The Colegio de Abogados is the local bar association, whose legal-aid service takes justicia gratuita applications.

Key rules

• No automatic interpreter: Outside criminal cases, you are not guaranteed a free interpreter; the court appoints one when you ask.
• Who pays: The party who needs the interpreter normally bears the cost, and may recover it if the other side is ordered to pay costs.
• Justicia gratuita: If you are granted justicia gratuita, interpreter and translation costs are covered.
• Documents: You must file foreign-language documents with a Spanish translation.
• Mediation: Family mediation has no national rule, so ask the service who provides the interpreter.

Who arranges and pays for an interpreter

In civil, employment and family cases, there is no automatic free interpreter. The court appoints one when a party or witness does not understand Spanish (or the co-official language of the region). But the cost usually falls on the person who needs or asks for the interpreter, unless you have justicia gratuita.

So tell the court early that you or a witness need an interpreter. Do not wait for the hearing day.

Civil and family court

The court appoints a sworn or official interpreter. If none is available, it may use another suitable person. For witnesses, the court generally arranges and advances the cost.

If you are the party who needs the interpreter, the cost is normally part of the procedural costs. You may get it back if the other side is ordered to pay costs. That depends on the judge's decision at the end of the case, so plan to cover it first.

Employment court

Employment cases follow the same approach. The court appoints the interpreter for parties and witnesses, and the cost is treated as a court cost. Workers are not required to pay in advance. Who actually supplies the interpreter can vary by court, so ask the court office when you file.

Does justicia gratuita help?

Yes. Justicia gratuita is free legal aid. If you are granted it, interpreter and translation costs are covered in civil, family and employment cases, and you do not pay. Whether the court or the legal-aid commission appoints the interpreter varies by region.

Who can apply:

• Foreigners who are legally resident in Spain have the same right as Spaniards.
• Foreigners without legal residence have the right in asylum cases and in cases about refusal of entry, return or expulsion. In other cases they can claim it if they are in Spain and lack resources.
• Victims of gender violence, trafficking and terrorism qualify regardless of income.
• The general test is household income. It must not exceed twice the IPREM, a yearly public income index. The limit is higher for larger families, and courts can grant aid above the limit in exceptional cases.

Apply at the legal-aid service of the Colegio de Abogados before the hearing.

Foreign-language documents

If you file a document in another language, you must file it with a Spanish translation. You pay for this at first. Your own translation may be accepted unless the other side challenges it. If they do, the court orders an official translation by a traductor-intérprete jurado. Some courts accept simple translations, so ask the court before paying for a sworn one. Justicia gratuita covers translation costs too.

Family mediation

There is no national rule. Public court-referred mediation services are run by the regions or by associations, and practice differs. Some services arrange an interpreter. Others ask you to bring or pay for one. Private mediators normally pass the cost on to you. Ask the mediation service before your first session, and confirm the answer in writing.

Administrative procedures

There is no general right to a free interpreter in administrative procedures. They run in Spanish, and foreign documents may need translation. Asylum and immigration sanction procedures generally guarantee an interpreter. If an administrative case reaches the contencioso-administrativo court, that court can appoint an interpreter. Check the rules for your specific procedure before it starts.

The documents list, checklist and FAQ below cover the practical steps.

Documents you need

• Your foreign-language documents, filed with a Spanish translation. You, as the party submitting them, provide the translation.

• A sworn translation by a traductor-intérprete jurado, an official translator appointed by the Ministry of Foreign Affairs. It is needed if the other side challenges your own translation, and the court may order it.

• Your justicia gratuita grant, if you have one. It covers interpreter and translation costs, so you do not pay them.

Checklist

• Apply for justicia gratuita at the Colegio de Abogados's legal-aid service before the hearing if your household income is within twice the IPREM, the yearly reference figure.

• Tell the court early that you or a witness do not understand Spanish, so it can appoint an interpreter.

• Ask the family mediation service whether it provides an interpreter or expects you to bring or pay for one.

• Check which rules apply to an administrative procedure before it starts, since there is no general right to a free interpreter there.

• Get a Spanish translation of each foreign-language document you will file, and book a sworn translator if the other side challenges it.

Frequently asked questions

Can a foreigner get justicia gratuita to cover an interpreter?

Yes, foreigners legally resident in Spain have the same right to justicia gratuita as Spaniards, and it covers interpreter and translation costs. Without legal residence you can still claim it in asylum, refusal-of-entry, return and expulsion cases, or if you are in Spain and lack resources. The general income test is that household annual income must not exceed twice the IPREM, a yearly reference figure.

Do I have to pay for an interpreter up front in a labour court case?

No, workers are not required to pay for the interpreter in advance in labour court. The court appoints the interpreter and the cost is treated as a court cost. Justicia gratuita covers it in any case.

Will I get a free interpreter in an administrative procedure?

No, administrative procedures do not give a general right to a free interpreter, and they are run in Spanish. Asylum and immigration sanction procedures generally guarantee one. If the case goes to the administrative courts, the court can appoint an interpreter when you do not understand Spanish.

Who pays for an interpreter in family mediation?

It depends on the mediation service: some public court-referred services arrange an interpreter themselves, while others ask you to bring or pay for one.