Mass. R. Evid. 604
An interpreter must be qualified and must give an oath or affirmation to make a true translation.
Mass. Guid. Evid. 604
This section is derived from Fed. R. Evid. 604 and Proposed Mass. R. Evid. 604 and is consistent with Massachusetts law. See Commonwealth v. Festa, 369 Mass. 419, 429-430 (1976) (establishing guidelines for when witnesses testify through an interpreter). See G. L. c. 221C, § 2 (a non-English speaker has the right to an interpreter throughout the proceedings, whether criminal or civil); Mass. R. Civ. P. 43(f); Mass. R. Crim. P. 41. The trial judge has discretion to appoint an interpreter. Commonwealth v. Esteves, 46 Mass. App. Ct. 339, 345, reversed and remanded on other grounds, 429 Mass. 636 (1999). "[W]hen a witness testifies in a foreign language, the English translation is the only evidence, not the testimony in the original language." Id. All spoken-language court interpreters and court interpreters who provide services to the Trial Court for deaf and hard-of-hearing persons are governed by the "Standards and Procedures of the Office of Court Interpreter Services," 1143 Mass. Reg. 15 (Nov. 13, 2009), which include a Code of Professional Conduct that includes the subjects of conflict of interest, confidentiality, and interpreting protocols. See http://perma.cc/RPE2-85CA. Where a party seeks to admit a translation of a recorded statement made in a foreign language, the English-language transcript must be provided to opposing counsel sufficiently in advance to allow the parties to determine whether an agreement can be reached about its accuracy. If the parties are unable to agree on the accuracy of a single translation, each side may offer its own transcript through the testimony of a qualified translator. The foreign-language recording may not be admitted unless accompanied by an English translation. Commonwealth v. Portillo, 462 Mass. 324, 328-329 (2012). See also Commonwealth v. Lujan, 93 Mass. App. Ct. 95, 102-103 (2018) (although police not required to use certified or independent interpreters when questioning suspects, chosen interpreter must be competent).
Note "Preference for Recording Certain Custodial Interrogations" to Section 511(a)(1), Privilege Against Self-Incrimination: Privilege of Defendant in Criminal Proceeding: Custodial Interrogation; Section 521, Sign Language Interpreter-Client Privilege; Section 522, Interpreter-Client Privilege; "Standards and Procedures of the Office of Court Interpreter Services," 1143 Mass. Reg. 15 (Nov. 13, 2009), at http://perma.cc/RPE2-85CA.