“Every written proceeding in a court of justice in this state shall be in the English language, and judicial proceedings shall be conducted, preserved, and published in no other.” (Code of Civ. Proc., § 185.)

“When a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter whom the witness can understand and who can understand the witness shall be sworn to interpret for the witness.” (Evid. Code, § 752(a).) The Legislature has specifically found that it is imperative that courts provide interpreters to all parties who require one. (Govt. Code, § 68092.1(a).)

Legal Standard

“A person who serves as an interpreter or translator in any action is subject to all the rules of law relating to witnesses.” (Evid. Code, § 750.) “An interpreter shall take an oath that he or she will make a true interpretation to the witness in a language that the witness understands and that he or she will make a true interpretation of the witness’ answers to questions to counsel, court, or jury, in the English language, with his or her best skill and judgment.” (Evid. Code, § 751(a).)

“[F]ailure to swear an interpreter is not reversible error, per se or otherwise” (People v. Carreon (1984) 151 Cal.App.3d 559, 579), as “[u]nsworn testimony does not constitute a nullity.” (Richard M. v. Super. Ct. (1971) 4 Cal.3d 370, 377.) Where a witness is permitted to testify without having taken the appropriate oath, if the defect is not timely noted, the failure to do so constitutes a waiver. (People v. Carreon (1984) 151 Cal.App.3d 559, 579; People v. Mora (1984) 153 Cal.App.3d 18.) Moreover, the Legislature has intended a liberal policy when courts are ruling on questions regarding formalities in oath taking. (Carreon, supra, 151 Cal.App.3d at p. 579.)

Counsel does have the right to discredit the accuracy of an interpretation through cross-examination or independent proof. (People v. Walker (1924) 69 Cal.App 475.)

Procedure

“The record shall identify the interpreter.” (Evid. Code, § 752(b).)

“In all civil actions, the compensation for an interpreter… shall, in the first instance, be apportioned and charged to the several parties in a proportion as the court may determine and may thereafter be taxed and allowed in a like manner as other costs.” (Evid. Code, § 752(b)(2).) Notwithstanding any other law, a court may provide an interpreter in any civil action or proceeding at no cost to the parties, regardless of the parties' income. (Govt. Code, §68092.1(b).)