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Rule 43 – Evidence

May 14, 2021 | Civil Procedure, Vermont

(a)Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by Rule 43.1. other provisions of these rules, the Vermont Rules of Evidence, or other rules adopted by the Supreme Court.
(b)Scope of Examination and Cross-Examination. [Abrogated.]
(c)Record of Excluded Evidence. [Abrogated.]
(d)Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.
(e)Evidence on Motions. Except as provided in Rule 78(b)(2), when a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or deposition, or on a written statement, agreed to and signed by the parties or their attorneys.
(f)Interpreters Services. The court must provide competent interpreter services when such services are necessary to ensure meaningful access to all court proceedings and court-managed functions in or related to civil actions for a party. witness. or other person whose presence or participation is necessary or appropriate and who is a person with limited English proficiency, hearing impairment or other disability which results in the need for interpreter services. The court must determine the reasonable compensation for the interpreter services for court proceedings and court-managed functions. The compensation must be paid by the State of Velmont.
(g)Examination of Witnesses. 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.
(h)Order of Evidence. [Abrogated.]

Vt. R. Civ. P. 43

Amended Dec. 28, 1982, eff. April 1, 1983; Dec. 14, 1989, eff. March 1, 1990; amended January 9, 2017, eff. March 13, 2017; amended May 1, 2019, eff. Aug. 5, 2019.

Reporter’s Notes-2019 Amendment

Rule 43(a) is amended to reflect the fact that new Rule 43.1 and amendments to the Family and Probate rules, promulgated simultaneously, permit testimony to be presented by video or audio conference in appropriate circumstances. The amendment provides expressly that proceedings under Rule 43.1 are an exception to the existing requirement that “testimony . .. shall be taken orally in open court” unless otherwise provided by specific rules. That provision has been held to prohibit testimony by telephone or other means except by agreement of the parties. Simpson v. Rood. 2003 VT 39, ΒΆ8, 175 Vt. 546, 830 A.2d 4 (mem.).