A. In any trial, hearing or other proceeding before a judge in a civil case in which a non-English-speaking person is a party or witness, an interpreter for the non-English-speaking person may be appointed by the court. A qualified English-speaking person fluent in the language of the non-English-speaking person may be appointed by the judge of the court in which the case is to be heard unless the non-English-speaking person shall obtain a qualified interpreter of his own choosing who is approved by the court as being competent.
B. To the extent of available appropriations, the compensation of such interpreter shall be fixed by the court in accordance with guidelines set by the Judicial Council of Virginia and shall be paid from the general fund of the state treasury as part of the expense of trial. The amount allowed by the court to the interpreter may, in the discretion of the court, be assessed against either party as a part of the cost of the case and, if collected, the same shall be paid to the Commonwealth.
C. Whenever a person communicates through an interpreter to any person under such circumstances that the communications would be privileged, and such persons could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter. The provisions of this section shall apply in circuit courts and district courts.
1996, c. 559; 2003, c. 1011.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 13 - Certain Incidents of Trial
§ 8.01-374. Procedure when original papers in cause are lost
§ 8.01-374.1. Consolidation or bifurcation of issues or claims in certain cases; appeal
§ 8.01-377. Remedy when variance appears between evidence and allegations
§ 8.01-377.1. Summary judgment
§ 8.01-378. Trial judge not to direct verdicts
§ 8.01-379. Argument before jury
§ 8.01-379.1. Informing jury of amounts sued for
§ 8.01-379.2. Jury instructions
§ 8.01-379.2:1. Spoliation of evidence
§ 8.01-379.3. General verdict accompanied by answer to interrogatories
§ 8.01-380. Dismissal of action by nonsuit; fees and costs
§ 8.01-381. What jury may carry out
§ 8.01-383. Power to grant new trial; how often
§ 8.01-384.1. Interpreters for deaf or hard of hearing in civil proceedings
§ 8.01-384.1:1. Interpreters for non-English-speaking persons in civil cases
§ 8.01-384.2. Waiver of discovery time limitations by parties