Rule 17 Remote and Hybrid Proceedings with Testimony or Participation by Video or Audio Conference

(a) Divorce, Annulment, Legal Separation, and Parentage. Rule 43.1 of the Vermont Rules of Civil Procedure applies in all proceedings under Rules 4 and 8 of these Rules.

(b) Children in Need of Care or Supervision and Termination of Parental Rights. Rule 43.1 of the Vermont Rules of Civil Procedure applies to status conferences and pretrial conferences in proceedings under Rules 2 and 3 of these Rules. All other proceedings under Rules 2 and 3 will be in person except that for good cause based on the factors in V.R.C.P. 43.1(h) the court may permit a particular party, counsel, witness, guardian ad litem, or other person to participate by audio or video conference on its own initiative under V.R.C.P. 43.1(d)(1)(B), or in response to a motion or stipulation filed pursuant to V.R.C.P. 43.1(d)(2). The testimony of a party may not be taken by video or audio conference without that party’s consent.

(c) Juvenile Delinquency and Youthful Offender.

(1) Status Conferences and Pretrial Conferences. V.R.C.P. 43.1 applies to status conferences and pretrial conferences in proceedings under V.R.F.P. 1 and 1.1. Remote participation satisfies the attendance requirement under V.R.F.P. 1(e).

(2) All Other Proceedings. All other proceedings V.R.F.P. 1 and 1.1 will be in person except that for good cause based on the factors in V.R.C.P. 43.1(h) the court may permit a particular party, counsel, witness, guardian ad litem, or other person to participate by audio or video conference on its own initiative under V.R.C.P. 43.1(d)(1)(B), or in response to a motion or stipulation filed pursuant to V.R.C.P. 43.1(d)(2). Any remote witness testimony allowed in a merits proceeding will be by video conference and must be in accordance with the provisions of V.R.Cr.P. 26.2.

(d) Mental-Health Proceedings. Rule 43.1 of the Vermont Rules of Civil Procedure applies in hearings for involuntary treatment under 18 V.S.A. § 7615, for continued treatment under 18 V.S.A. § 7621, and for involuntary medication under 18 V.S.A. § 7625, except that such hearings will be remote unless a party reasonably in advance of a hearing requests or the court on its own initiative orders an in-person hearing.

(e) Minor Guardianship Proceedings. Rule 43.1 of the Vermont Rules of Civil Procedure applies in all minor guardianship proceedings transferred from the Probate to the Family Division under 4 V.S.A. § 455 and 14 V.S.A. § 2624(b).

(f) Abuse Prevention and Abuse Maltreatment Prevention for Vulnerable Adults. All proceedings under 15 V.S.A. §§ 1101-1115 and 33 V.S.A. §§ 6931-6941 will be hybrid unless upon a party’s request or on the court’s own initiative, the court orders participation by a particular method: in person or by video or audio conference. Requests by a party need not comply with V.R.C.P. 7 but must be served pursuant to V.R.C.P. 5.

(g) All Other Proceedings. V.R.C.P. 43.1 applies to all other proceedings not specifically addressed in this rule over which the Family Division has jurisdiction under 4 V.S.A. § 33.