Can I reschedule or continue the hearing if interpreter services are not available that day? – North Carolina

Short Answer

Yes. In North Carolina civil court, a party can ask the judge (or, in some settings, the clerk of superior court) to continue or reschedule a hearing if a needed court interpreter is not available. The safest approach is to raise the issue as soon as it becomes known, make a clear record that interpreter services were requested and the case was flagged, and ask for a new date so the hearing can be meaningful and fair. The judge has discretion, so the request should be specific and supported by what happened with interpreter scheduling.

Understanding the Problem

In a North Carolina partition action, a first hearing is scheduled on a set date, and a party needs interpreter services to understand the proceeding and communicate effectively in court. The key decision point is whether the hearing can go forward when the interpreter does not appear or interpreter services are not available that day, or whether the court should reschedule the hearing so the party can participate fully. The issue often comes up when the file shows the interpreter request was made and the case is flagged, but interpreter scheduling still fails on the hearing date.

Apply the Law

North Carolina courts generally have authority to manage their calendars and decide whether to grant a continuance. When an interpreter is required for meaningful participation, proceeding without one can create fairness and due process problems, so courts commonly address the issue by continuing the hearing, rescheduling it, or taking only limited, non-substantive steps until interpretation can be provided. For deaf or hard-of-hearing parties and witnesses, North Carolina statutes require the court (or other “appointing authority”) to appoint a qualified interpreter for covered proceedings, and the law also addresses notice and waiver rules.

Key Requirements

Interpreter need is timely raised: The request should be made as early as practicable and clearly tied to the hearing date and the person who needs interpretation.
Meaningful participation requires interpretation: The request should explain that without interpretation the party cannot understand, respond, or assist with the case in a meaningful way.
No valid waiver on the record: If the person entitled to an interpreter has not waived interpreter services under the required process, the court should treat interpreter services as still needed.

What the Statutes Say

N.C. Gen. Stat. § 8B-2 (Appointment of interpreters) – requires appointment of a qualified interpreter in covered court proceedings for a deaf party or witness and sets basic rules for qualification and removal.
N.C. Gen. Stat. § 8B-4 (Notice of need for interpreter) – says notice should be given if practicable, but failure to request is not automatically a waiver of the right to an interpreter.
N.C. Gen. Stat. § 8B-3 (Waiver) – allows waiver of an appointed interpreter only with required written approval (by counsel or the appointing authority if unrepresented).

Analysis

Apply the Rule to the Facts: The facts show a partition action first hearing is set for a specific date, the party requested a court interpreter, and court records show the case is flagged for interpreter services. Those facts support a continuance request because they show the need was raised in advance and the court system recognized it. If interpreter services are not available on the hearing date, asking to continue is a practical way to protect meaningful participation and to avoid an unintended “waiver by silence” when the record already reflects the request.

Process & Timing

Who files: the party needing interpreter services (or that party’s attorney). Where: the Civil Clerk’s Office for the county where the partition case is pending, and before the presiding judge (or, if scheduled before the clerk in a special proceeding setting, before the clerk of superior court). What: a written motion to continue/reschedule and (if time is short) an oral request at calendar call, referencing the prior interpreter request and the case flag. When: as soon as it becomes known that an interpreter will not be present, and no later than the start of the hearing.
Make a clean record: state on the record that interpreter services were requested, the file is flagged, and the interpreter is not available that day; ask for a new date and for the interpreter request to be confirmed for that date.
Get an order or new notice: if the continuance is granted, confirm the new date and whether the court will enter a written order or issue a new notice of hearing; promptly serve any required notice on other parties.

Exceptions & Pitfalls

“Proceed anyway” risk: Some courts may proceed with limited matters (like scheduling) even without an interpreter; if substantive issues are on the calendar, the request should clearly ask that no evidence or arguments be taken until interpretation is available.
Waiver issues: For matters covered by the deaf-and-hard-of-hearing interpreter statutes, waiver has specific written-approval requirements; avoid informal “waivers” made under pressure on the hearing date.
Last-minute notice: Even when the file is flagged, interpreter scheduling can fail; a last-minute request can make rescheduling harder and can frustrate the judge’s calendar management.
Not confirming the new date: If the hearing is continued, confirm the next date in writing (or by court notice) and confirm the interpreter request for the new setting to avoid repeat problems.

Conclusion

In North Carolina, a party in a partition action can ask the court to continue or reschedule a hearing when needed interpreter services are not available on the hearing date, especially when the interpreter was requested in advance and the case was flagged. The court controls its calendar, so the request should be prompt, specific, and made on the record. The next step is to file (and/or present in court) a motion to continue with the Civil Clerk’s Office and ask the judge to reset the hearing for a date when interpreter services can be confirmed.

Talk to a Partition Action Attorney

If interpreter services are not available for a scheduled partition hearing, a continuance request often needs to be made quickly and clearly so the record reflects what happened and the case gets reset appropriately. Our firm has experienced attorneys who can help explain the process, prepare the request, and track deadlines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.