Rule 43 Evidence

(a) Application of Vermont Rules of Evidence. Except as otherwise provided in this subdivision, the Vermont Rules of Evidence shall apply in probate hearings in which issues of fact are to be adjudicated. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. When a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. This subdivision shall not be construed to permit the admission of evidence made inadmissible by the rules with respect to privilege or by the deadman’s statutes, 12 V.S.A. §§ 1602-1603.

(b) Form. In all proceedings, the testimony of witnesses shall be taken orally in open court, unless otherwise provided by Rule 43(a), Rule 43.1, other provisions of these rules, the Vermont Rules of Evidence, or other rules promulgated by the Supreme Court.

(c) Affirmation in lieu of oath. Whenever under these rules an oath is required, a solemn affirmation may be accepted in lieu thereof.

(d) Evidence on motions. When a motion is based on facts not appearing of record, the court may hear the matter on affidavits, 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.

(e) 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 probate proceedings 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 reasonable compensation for the interpreter services for court proceedings and court-managed functions. The compensation must be paid by the State of Vermont.

(f) Examination of witnesses. A witness shall not be examined by more than one attorney for a party, nor shall more than one attorney for a party be heard on questions of evidence.