Whenever a deaf or non-English-speaking person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not be compelled to testify as to the communications, the privilege also applies to the interpreter.
Rule 2:507.PRIVILEGED COMMUNICATIONS INVOLVING INTERPRETERS (derived from Code §§ 8.01-400.1, 19.2-164, and 19.2-164.1).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:507 extends whatever privilege would apply to a deaf or non-English-speaking person’s communication to the interpreter who conveyed it, so the interpreter cannot be compelled to testify about a communication the person themselves could not be compelled to disclose.
Full Text of Rule 2:507
Plain-English Summary
Privileged communications often depend on privacy that a third party’s presence would normally destroy. Rule 2:507 addresses the specific situation where that third party is an interpreter, necessary because the person communicating is deaf or does not speak English. Without this rule, involving an interpreter could be read to waive an otherwise-applicable privilege, since most privileges require the communication to stay between the privileged parties.
Rule 2:507 closes that gap. Whenever a deaf or non-English-speaking person communicates through an interpreter under circumstances where the communication would otherwise be privileged — an attorney-client consultation, a spousal communication, a conversation with a clergy member — and the person could not be compelled to testify about it, the same privilege extends to the interpreter. The interpreter stands in the same position the communicating person would occupy, unable to be compelled to disclose what was conveyed.
Frequently Asked Questions
Does using an interpreter waive an otherwise privileged communication?
No. Rule 2:507 extends the underlying privilege to the interpreter, so a communication that would be privileged without an interpreter remains privileged when an interpreter conveys it for a deaf or non-English-speaking person.
Who is protected under Rule 2:507 — the person communicating, the interpreter, or both?
Both. The person communicating retains whatever privilege would otherwise apply, and Rule 2:507 extends that same protection to the interpreter, who cannot be compelled to testify about the communication either.
Does this rule create a new, independent privilege for interpreters?
No. It extends an existing privilege — one that already applies to the underlying communication — to the interpreter who facilitated it, rather than creating a freestanding privilege of its own.
What kinds of communications does Rule 2:507 cover?
Any communication that would otherwise be privileged, made by a deaf or non-English-speaking person through an interpreter — which can include attorney-client consultations, spousal communications, or conversations with clergy, among others, as long as the underlying communication qualifies for privilege.
Who does Rule 2:507 apply to — only deaf individuals, or others too?
Both categories: deaf persons and non-English-speaking persons who need an interpreter to communicate. The rule extends the privilege to the interpreter in either circumstance.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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