§ 8.01-406.Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section).
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 1978 · Last verified July 16, 2026
Full Text of § 8.01-406
Plain-English Summary
Interpreters occupy an unusual role in the courtroom — they are neither the witness nor a party, but their accuracy determines whether the record reflects what the witness said. Section 8.01-406 starts by requiring interpreters to be sworn to interpret truly, putting them under the same oath obligation as any witness.
For deaf witnesses specifically, the section adds a verification tool. Either the judge on his own initiative, or a party by motion, can ask the court to order that all of the deaf witness’s testimony — and the interpreter’s rendering of it — be recorded visually by electronic means. That recording is not the primary record of the proceeding; it exists to verify the official transcript later, giving the parties and the court a way to double-check the transcript against what happened if a dispute over accuracy ever comes up.
Frequently Asked Questions
Do interpreters have to take an oath before interpreting testimony?
Yes, interpreters shall be sworn truly so to do.
Can a party ask the court to record a deaf witness’s testimony?
Yes, either the judge on his own motion, or a party to the proceeding by motion, may ask the court to order the testimony and its interpretation to be visually electronically recorded.
What is the purpose of recording a deaf witness’s testimony and interpretation?
The recording is for use in verification of the official transcript of the proceedings.
Does this recording replace the official written transcript?
No, the statute describes the recording as being for verification of the official transcript, not as a replacement for it.
Does the judge need a party’s request to order this recording?
No, the judge may order it on his own motion, or on the motion of a party to the proceeding.
Amendment History
Code 1950, § 8-295; 1977, c. 617; 1978, c. 601.