§ 90.606, Fla. Stat. — Interpreters and Translators
Plain English
When a judge determines that a witness can’t hear, can’t understand English, or can’t express themselves in English well enough to be understood, the court swears in a qualified interpreter. Crucially, this isn’t limited to foreign-language speakers — it also reaches interpreting for a child or a person with a mental or developmental disability who otherwise can’t be understood or can’t understand the questions. The interpreter is treated as a witness (subject to the chapter’s rules) and must take an oath to make a true interpretation of the questions and answers and a true translation of any writing they’re required to decipher.
From the Courtroom
The under-appreciated piece of 90.606 is subsection (1)(b): it isn’t just for other languages. A young child or a witness with a developmental disability can be given an interpreter to be understood — and because the interpreter is treated as a witness under oath, their accuracy can be tested like anyone else’s.
Key Points & Authority
- § 90.606(1), Fla. Stat. — The court appoints and swears a qualified interpreter when a witness cannot hear, understand, or be understood in English; this also covers children and persons with disabilities who cannot otherwise be understood.
- (2)–(3) The interpreter is subject to the chapter’s witness rules and takes an oath of true interpretation and translation.
- Federal parallel: Fed. R. Evid. 604 (interpreters subject to qualification and an oath to make a true translation).
Federal Parallel
The federal counterpart is Fed. R. Evid. 604 — an interpreter must be qualified and must give an oath or affirmation to make a true translation; federal courts also operate under the Court Interpreters Act (28 U.S.C. § 1827).
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.606 requires the court to appoint and swear a qualified interpreter when a witness cannot hear, understand, or be understood in English — including children and persons with disabilities — and treats the interpreter as a witness who takes an oath of true interpretation.