Rule 43 Evidence

(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) [Abrogated.]

(c) [Abrogated.]

(d) Affirmation in Place of Oath. Whenever a rule or court order requires a person to take an oath, the court may accept a solemn affirmation in its place.

(e) Evidence on Motions. Except as provided in Rule 7(b)(6), 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) Interpreter 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 Vermont.

(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) Declaration In Place of Affidavit or Oath. Whenever a rule or court order requires the filing or service of an affidavit or a statement signed under oath, a party may instead file or serve a document signed under penalty of perjury with language immediately above the signature in substantially the following form: “I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or to other sanctions in the discretion of the court.”