Fla. Stat. § 90.606 — Interpreters and translators

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(1)(a) When a judge determines that a witness cannot hear or understand the English language, or cannot express himself or herself in English sufficiently to be understood, an interpreter who is duly qualified to interpret for the witness shall be sworn to do so.

(b) This section is not limited to persons who speak a language other than English, but applies also to the language and descriptions of any person, such as a child or a person who is mentally or developmentally disabled, who cannot be reasonably understood, or who cannot understand questioning, without the aid of an interpreter.

(2) A person who serves in the role of interpreter or translator in any action or proceeding is subject to all the provisions of this chapter relating to witnesses.

(3) An interpreter shall take an oath that he or she will make a true interpretation of the questions asked and the answers given and that the interpreter will make a true translation into English of any writing which he or she is required by his or her duties to decipher or translate.

Purpose: This statute ensures that legal proceedings are fair and accurate when a witness has difficulty with the English language or has other communication challenges. The goal is to make sure the witness understands the questions and that the court and jury understand the witness's testimony.

When an Interpreter is Required: A judge must appoint a qualified interpreter when a witness cannot adequately hear, understand, or speak English. The rule clarifies that this applies not only to foreign language speakers but also to anyone who may be difficult to understand, such as a very young child or a person with a developmental disability.

Interpreter's Duties and Status:

  • An interpreter must be "duly qualified."
  • They must take an oath to provide a true and accurate interpretation.
  • They are treated like any other witness and are subject to all the rules of evidence, including those regarding competency and credibility.