(a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules, the Vermont Rules of Evidence, or other rules adopted by the Supreme Court. (b) Examination of Witnesses. Except with leave of court, a witness shall not be examined by more than one attorney on a side, nor shall more than one attorney on a side be heard on questions of evidence. Attorneys shall stand when examining witnesses or addressing the court. (c) Other Criminal Offenses. When the state in a criminal action intends to offer evidence of other criminal offenses under Rule 404(b) of the Vermont Rules of Evidence, or when any party in a criminal action intends to offer evidence of an offense for impeachment under Rule 609 of the Vermont Rules of Evidence, at least thiry days before the trial, or such greater time as the court may order, that party shall furnish to the other parties in the proceeding a written statement of the acts or offenses it intends to offer except that the court may allow the notice to be given at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. No notice is required for evidence of offenses used in rebuttal. When evidence of other criminal offenses is admitted, the court shall, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information. (d) Hearsay Statements of a Victim who is a Child Ten Years of Age or Under or a Mentally Retarded or Mentally Ill Person. When the state in a criminal action intends to offer hearsay statements of a victim who is a child ten years of age or under or a mentally retarded or mentally ill person, made admissible by Rule 804 a of the Vermont Rules of Evidence, the state shall furnish to the defendant a written statement of the evidence it intends to offer, including the name of each witness who will testify to the statement of the victim, at least 30 days before trial. The court may allow the notice to be given at a later date, including during trial, if it determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which the evidence results has newly arisen in the case. (e) Record of Audio and Video Recordings Submitted as Evidence. Whenever an audio or video recording of any statement or other evidence is presented as evidence to the trier of fact in the course of a trial, the party offering the evidence shall clearly identify on the record the starting and stopping points of the portions actually presented to the trier by reference to frame or other indicators on the recording medium or to specific words in the recording.
Vt. R. Crim. P. 26
Amended Dec. 28, 1982, eff. April 1, 1983; Jan. 14, 1985, eff. March 15, 1985; 1985, No. 82, §3, eff. July 1, 1985; Dec. 8, 1988, eff. March 1, 1989; 1993, No. 100, §15; Oct. 23, 2002, eff. Jan. 1, 2003; Sept. 22, 2010, eff. Nov. 22, 2010; March 12, 2013, eff. May 13, 2013.
