Unlike in a criminal case, which may threaten an individual’s liberty, in a civil matter the responsibility to provide an accommodation falls on the individual or the attorney. Just as the court is not required to provide an individual with an attorney in a civil matter, the court is also not required to provide or pay for an accommodation, such as an ASL interpreter. The individual or the individual’s attorney is responsible for ensuring an accommodation is in place.

An important caveat is a physical barrier to accessing the building. The courthouse is required by Title III of the ADA to be accessible regardless who needs to access the building. If the client or a witness needs an accommodation to be in the building or in the courtroom, the attorney should coordinate with the clerk to ensure the accommodation is in place.

As with a criminal case, the accommodation requested is not limited to an enumerated list and instead depends upon the needs of the individual. The types of accommodations that might be available are the same as those in criminal court.1

• 1On the accommodations available in criminal court, see Section 5.1.3.

Because the responsibility for obtaining an accommodation falls on the individual with a disability or that individual’s attorney, you will need to coordinate the services or accommodation. The exception is the physical accessibility to the building or any physical barriers in the courtroom itself.1  If the client requires an interpreter, for instance, the attorney would need to contract with an interpreter to be present and available. You should also notify the clerk that an interpreter will be present, so that the court is aware.

• 1See Section 5.2.1.