Vt. Admin. Ord. Of. Sup. Ct. 2

As amended through November 4, 2024

Section 2 - Audio Conference Proceedings

In any proceeding in which the use of audio conferencing is otherwise appropriate under V.R.P.P. 43.1 or V.R.C.P. 43.1:

(a) All participants in the proceeding must be able to hear all other participants and to speak at all appropriate times during the proceeding.

(b) All participants in the proceeding must be able to hear any witnesses who may testify while they are testifying in the proceeding.

(c) All parties and the judge or magistrate must have access to any documentary or other tangible evidence necessary to the examination or cross-examination of any witness by facsimile or other method.

(d) The audio conference system must allow verbatim recording of the proceeding by court-approved, audio-recording equipment.

(e) In a proceeding open to the public, the audio conference system must allow the public to hear the proceeding including any participant who appears by audio conference.

(f) In all cases in which a party appears by audio conference, the system must include a means for the party to consult privately with counsel for full and confidential communication at any time during the proceeding and for immediate transmission of documents and papers.

Vt. Admin. Ord. Of. Sup. Ct. 2

Adopted May 1, 2019, eff. 8/5/2019.

Reporter's Notes

Administrative Order No. 47 is adopted to implement V.R.P.P. 43.1 and V.R.C.P. 43.1 and related rules that are simultaneously promulgated to provide for video and audio conference participation of parties and other necessary persons, as well as testimony of witnesses, in actions in the civil, environmental, family, and probate divisions of the superior court. See V.R.C.P. 43.1(e), V.R.P.P. 43.1 and Reporter's Notes to simultaneous adoption of V.R.C.P. 43.1, and simultaneous amendments of V.R.P.P. 17 and V.R.P.P. 43(b). The technical standards are adopted by Administrative Order rather than by Rule to permit more rapid and flexible change as necessary to take advantage of changing technological capabilities.

Sections l(a)-(c) of the order require that, for video conferencing to be used, both remote participants and those in the courtroom have visual and aural access to all aspects of the proceedings comparable to that which they would have if the entire proceeding was occurring, and all participants were present, in the courtroom. Sections l(d)-(f) address the necessary capabilities that the video conference system to be used must have to ensure that those requirements are met. Section (l)(g) is intended to ensure that the use of video appearance does not in any way diminish a remote party's ability to communicate confidentially with counsel and to have timely access to any documentary material that may be necessary for full participation in the proceeding.

Sections 2(a)-(f) of the order are intended to adapt the provisions of Section 1 to the circumstances of audio appearance and participation.