5.2.1 Responsibility for Providing the Accommodation

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.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.