47 Rule

Pursuant to the Vermont Constitution, Chapter II, § 30, and Rule 43.1(e) of the Vermont Rules of Civil Procedure, it is hereby ordered:

The following Technical Standards are adopted and must be applied in all remote and hybrid proceedings under V.R.P.P. 43.1, V.R.C.P. 43.1, V.R.Cr.P. 26.2 and other proceedings incorporating provisions of those rules:

§ 1. Remote and Hybrid Proceedings. In any remote or hybrid proceeding under V.R.P.P. 43.1, V.R.C.P. 43.1, or V.R.Cr.P. 26.2:

(a) All participants must be able to hear all other participants during the proceeding. Participants using video conference must be able to see other participants using video conference and participants in the courtroom. Participants in the courtroom must be able to see participants using video conference.

(b) All participants must be able to hear any witnesses who may testify by audio conference while they are testifying. All participants must be able to see and hear any witnesses who may testify by video conference while they are testifying.

(c) All participants must be able to see, hear, read, and otherwise observe any physical evidence, documentary evidence, or media exhibits presented during the proceeding, either by video, facsimile, or other method. All documentary evidence must be readable by all participants during the proceeding by either video technology or other means.

(d) The proceeding must be recorded by court-approved audio-visual or audio-recording equipment.

(e) The parties must be able to consult privately with counsel for full and confidential communication at any time during the proceeding.

§ 2. Access to Public Proceedings.

(a) Remote Proceeding. In a remote public proceeding, upon request and absent extraordinary circumstances, the public will be provided with an opportunity to hear and view the proceeding through remote means.

(b) Hybrid Proceeding. In a hybrid public proceeding, the public will be provided with an opportunity to hear and view the proceeding in person and may be provided with an opportunity to hear and view through remote means.