What is Rule 1.100?
Rule 1.100 is a state Court rule that allows lawyers, parties, witnesses,
jurors, or other people with a disability to confidentially request
accommodations from a Court.
Who may get an accommodation?
Individuals can receive accommodations if they have a disability, have a
record of a disabling condition, or are regarded as having a disability that
limits one or more major life activity.
Major life activities include caring for one’s
self, performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, or working.
Examples of disabilities include mobility or other motor impairments,
psychological and mental illness, vision impairments, hearing impairments,
and environmental sensitivities. Some temporary disabilities may also
qualify.
How do I get an accommodation? May I
get help filling out Form MC-410?
You may request an accommodation by filling out Form MC-410,
available from any clerk’s office or from the courtrooms. You may also make a
request for an accommodation in writing or orally to the Court or other
designated personnel.
You may make a request at any time, although you should give the Court at
least five (5) working days notice whenever possible. If you are unable to
fill out the form and you need assistance, you may request a clerk or other
Court personnel to assist you in writing down the information. All the
information you supply is confidential. You may wish to attach documents such
as a doctor’s letter to the form.
After the form is completed, you must sign it under penalty of perjury,
which means that everything you state in the form is true under oath, to the
best of your knowledge.
What may Court personnel ask about my
disability? Do I have to let everyone know about my medical
problems/conditions?
Under most circumstances, the Court or its employees will not need
additional medical or other personal information.
Rule 1.100 allows the Court to request further information. This means
that only those persons in the Court who need to know about your disability
in order to make a decision or provide you with an accommodation will learn
the details of your request and the personal information that you provide.
Do I have a responsibility to inform
the Court that I need an accommodation?
Yes, it is your responsibility to contact the Court to request
accommodations that would best suit your situation. The Court has an
obligation to inform the public of the availability of accommodations.
However, if no accommodation is requested, the Court is not required to
provide one.
What if the Court suggests a different
accommodation?
The Court may offer a different or alternative accommodation. For example,
if a juror is blind and requests written material introduced at trial to be
transcribed in Braille, the Court may consider alternatives, such as
providing a reader or tape-recorded transcripts of the written material. The
Court itself may offer an accommodation. The Court is not required to provide
the best accommodation, but must provide an effective one.
Do I have to accept alternative
accommodations?
You do not have to accept the alternative accommodation. The Court is
required to find an accommodation that will effectively allow you full
participation in the Court proceedings. The accommodation may not be your
first or preferred choice; however, if you make a request for another type of
accommodation, the Court must consider your request.
May the Court deny my request?
Yes, however, you may file an appeal if the Court denies your request for
a preferred accommodation or the Court provides an accommodation that you
believe to be inadequate. To be appropriate, the Court’s denial must be in
writing and state specific grounds within Rule 1.100 for the denial.
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