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.
§ 8.01-384.1:1.Interpreters for non-English-speaking persons in civil cases.
Chapter 13. Certain Incidents of Trial · Last amended 2003 · Last verified July 16, 2026
In one sentenceThis section lets a Virginia judge appoint an interpreter for a non-English-speaking party or witness in a civil trial, hearing, or proceeding, allows that person instead to obtain a court-approved interpreter of their own choosing, fixes compensation under Judicial Council guidelines and permits assessing it as costs, and extends the interpreter-communication privilege to interpreters standing in for otherwise privileged conversations.
Full Text of § 8.01-384.1:1
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.
Plain-English Summary
Section 8.01-384.1:1 addresses a different language barrier than its companion section — not deafness or hearing loss, but a party or witness who does not speak English. In any civil trial, hearing, or other proceeding, the judge may appoint an interpreter: a qualified English speaker fluent in that person’s language. If the non-English-speaking person would rather choose their own interpreter, they can, as long as the court approves that interpreter as competent.
Money for the interpreter comes with a structure attached. To the extent funds are appropriated for it, the court fixes compensation according to guidelines the Judicial Council of Virginia sets, and it gets paid from the state treasury’s general fund as part of the expense of trial. The court also has discretion to assess that amount against either party as a cost of the case, and if it is collected, the money goes back to the Commonwealth rather than to the interpreter directly.
The section protects something beyond logistics, too: when a person communicates through an interpreter under circumstances where the communication itself would be privileged and the parties could not be forced to testify about it, that privilege extends to the interpreter as well. An interpreter cannot become the backdoor through which a privileged conversation gets exposed. Like its companion for the deaf and hard of hearing, this section applies in both circuit courts and district courts.
Frequently Asked Questions
Who can request appointment of a court interpreter under this section?
A non-English-speaking person who is a party or witness in a civil trial, hearing, or other proceeding before a judge.
Must the person accept the interpreter the judge appoints?
No. A non-English-speaking person may instead obtain a qualified interpreter of their own choosing, as long as the court approves that interpreter as competent.
How is the interpreter’s compensation determined and paid?
To the extent of available appropriations, the court fixes compensation in accordance with guidelines set by the Judicial Council of Virginia, paid from the general fund of the state treasury as part of the expense of trial, though the court may assess it against either party as part of the cost of the case.
What happens to the privilege that would normally attach to a communication if it goes through an interpreter?
The privilege applies to the interpreter as well — whenever a person communicates through an interpreter under circumstances that would make the communication privileged and non-testifiable, that privilege also covers the interpreter.
Does this section apply in both circuit and district courts?
Yes, the provisions of this section apply in circuit courts and district courts.
Amendment History
1996, c. 559; 2003, c. 1011.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia non-english speaking interpreter civil casecourt interpreter for non-english speaker virginia8.01-384.1:1 virginia codeinterpreter privilege virginia civil proceedingjudicial council interpreter guidelines virginia