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Rule 79.3 – Use of Video Recording Equipment in Trial Court Proceedings

May 14, 2021 | Civil Procedure, Vermont

(a) Scope of Rule. This rule shall be applied to all proceedings in all courts in which video recording equipment is used to record proceedings. Rules not inconsistent with this rule shall remain effective.
(b) Official Record. The official record of a video recorded trial court proceeding shall consist of two video recordings, recorded simultaneously and labeled “A” and “B.” Upon completion of recording onto a VHS tape, the “A” tape shall be mechanically adjusted to avoid accidental erasure. When recording onto a DVD, a DVD-R disc shall be used to avoid accidental erasure. Each shall bear a label certifying that it is a full, true, and correct record of the proceedings and bearing an index number assigned in accordance with procedures set forth by the Court Administrator pursuant to an administrative directive. Such label shall be signed and dated by the presiding judge or a designee. Each docket entry shall indicate whether the proceeding was video recorded.
(c) Trial Log. The trial judge or the designee operating the equipment shall keep a written log of proceedings in accordance with procedures set forth by the Court Administrator pursuant to an administrative directive.
(d) Depositions. The official record of a deposition admitted into evidence may be, in the trial judge’s discretion, either the transcript of the deposition or a videotape recording of the deposition.
(e) Custody and Retention of the Recordings. Video recordings shall be retained in separate locations by the clerk of the court in which the proceedings occurred, and an inventory kept of such recordings by index number and location, all in accordance with an administrative directive. The “B” tape may be erased and recycled three years after the date of the hearing, but only for use as a “B” tape in other proceedings. The “B” DVD-R shall be destroyed and discarded by the custodian three years after the date of hearing.
(f) Video Recording is a Public Record. Video recordings of public proceedings are public records, unless otherwise protected from disclosure by law or by order of the court. Duplicated copies may be ordered at the conclusion of a trial, or at any time by a party. Use of a video recording by a nonparty shall not be inconsistent with the provisions of V.R.C.P. 79.2.

V.R.C.P. 79.3

Added Sept. 2, 1992, eff. Sept. 8, 1992; amended December 3, 2003, eff. 1; amended effective June 17, 2008; amended effective July 21, 2008.

Reporter’s Notes – 2008 Emergency Amendment

The caption of Rule 79.3(f) is amended to correct an inadvertent error in the June 17, 2008 promulgation order.