Rule 6 Case Records

(a) Policy. The public has access to all judicial-branch case records, in accordance with the provisions of this rule, except as provided in subsection (b).

(b) Exceptions. The public does not have access to the following judicial-branch case records.

(1) Records and information which by statute, court rule, or other source of law, including by order of the court, are designated confidential, sealed, or expunged, or to which access is prohibited by a similar term. An appendix to this rule lists all statutes and court rules containing a prohibition or restriction on public access, existing on the date of promulgation of this rule, and a summary of the extent and terms of the prohibition or restriction. Annually before January 1 of each year the Court Administrator will update the list in the appendix.

(2) Records of the issuance of a search warrant and the warrant, including but not limited to the application, supporting affidavit(s), any testimony, and inventory, until the filing of the return of the warrant, unless sealed by order of court pursuant to a motion filed under this rule. If a search warrant is denied, access is only by order of the court.

(3) Any information collected from an individual that is created or received by a health-care provider, health plan, employer, or health-care clearinghouse, as defined in 42 U.S.C. § 1320d, that relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and identifies the individual or with respect to which there is a reasonable basis to believe that the information can be used to identify the individual; any evaluations of competency to stand trial and/or sanity.; and any reports of genetic testing filed in connection with a family division proceeding. If a record contains other relevant information and the individually identifiable health information can be redacted, the filer must do so.

(4) The information and supporting affidavits filed to initiate a criminal proceeding if the judicial officer does not find probable cause for all charges joined in the information pursuant to Rule 4(b) or 5(c) of the Rules of Criminal Procedure.

(5) Information obtained from a person during his or her risk assessment or needs screening pursuant to 13 V.S.A. § 7554c.

(6) The following financial information: any federal, state, or local income tax return; financial information furnished to the court in connection with an application to waive filing fees and service costs, not including the affidavit submitted in support of the application; and affidavits of income and assets as provided in 15 V.S.A. § 662 and Rules 4.0-4.2 of the Vermont Rules for Family Proceedings.

(7) In a proceeding and affidavit seeking an order of protection, pursuant to 15 V.S.A. §§ 1103, 1104, 12 V.S.A. §§ 5133, 5134, or 33 V.S.A. § 6931:

(A) a complaint and affidavit filed by plaintiff until the defendant has an opportunity for a hearing pursuant to 15 V.S.A. § 1103(b) or § 1104(b) or 12 V.S.A. § 5133(b) or § 5134(b). A temporary order of protection is publicly accessible. If the court denies temporary relief, and the plaintiff does not pursue the case, the complaint, affidavit, and order denying relief remain not publicly accessible. If the court denies temporary relief and the plaintiff files a notice of intent to pursue the case, the order denying temporary relief is not publicly accessible until the defendant has an opportunity for a hearing;

(B) information provided to the court for notification purposes including an address, telephone number, email address, or other contact information as provided by the plaintiff pursuant to V.R.F.P. 9(b) or V.R.C.P. 80.10(b), whenever provided, unless plaintiff has consented to public access to the information. For purposes of this subparagraph, public access includes access by the defendant or the defendant's lawyer;

(C) information provided to the court for notification purposes including an address, telephone number, or email address as provided by an unrepresented defendant pursuant to V.R.F.P. 9(g), whenever provided, unless defendant has consented to public access to the information. For purposes of this subparagraph, public access includes access by the plaintiff or the plaintiff’s lawyer.

(8) The following personally identifying information filed in a case record that is otherwise publicly accessible under these rules: (i) A social security number; (ii) A passport number; (iii) A taxpayer identification number; (iv) A financial account number, including a credit or debit card number; or (v) In a criminal case, the name of an alleged victim, who was a minor on the date of the offense. In lieu of a social security, passport, taxpayer identification or financial account number, the filer may include the last four digits of that number. In lieu of the name of an alleged minor victim, the filer may include the initials of the first and last name of the minor.

(9) Judicial work product, including without limitation notes, memoranda, research results or drafts prepared by a judge or by other court personnel on behalf of a judge.

(10) Records produced in discovery unless used at trial or in connection with a request for action by the court. Only the portion of the record used at trial or in connection with the request for action by the court is publicly accessible.

(11) Any transcript, court reporter’s notes, or audio or video recording of a proceeding to which the public does not have access. Unless otherwise directed by the presiding judge, information specified in Rule 6(b)(8) that appear in a transcript of a public proceeding, or in reporter’s notes or an audio or video recording of a public proceeding, need not be redacted from the transcript, notes, or recording before it is disclosed to the public.

(12) Any evidence introduced in a proceeding to which the public does not have access.

(13) Any information provided in a potential juror’s written responses to questionnaires related to jury service other than a juror’s name and town of residence, absent a finding of good cause for disclosure of further information by the court. In assessing good cause, the court must weigh the public interest in the release of the information sought against any harm as a result of disclosure. All information contained in a juror questionnaire is available to the parties in a case in which the juror is being considered for service, except for supplemental information supplied to determine whether the individual meets the mental and physical demands of jury service for any individual who has been excused based upon that information. Attorneys and self-represented parties may make record reference to information contained in a juror questionnaire during jury selection and in the exercise of challenges, whether in open court or in individual and segregated circumstances. Disclosure may occur in such other aspects of proceedings as authorized by the court. Upon disclosure, such information becomes publicly accessible.

(14) Motions for ex parte relief, including supporting materials and attachments, until issuance of, and in accordance with, the court’s decision and order on the motion. Such records become public upon the court’s decision and order unless all or some portion thereof is specifically designated by the court to remain publicly inaccessible consistent with Rule 9.

(15) Records that are the subject of any motion made for purposes of seeking in camera review until issuance of, and in accordance with, the court’s decision and order on the motion. Such records become public upon the court’s decision and order unless all or some portion thereof is specifically designated by the court to remain publicly inaccessible consistent with Rule 9.

(16) Trade secrets and other confidential business information, as defined in 1 V.S.A. § 317(c)(9) and 9 V.S.A. § 4601(3), and as required by 9 V.S.A. § 4605.

(17) Proposed exhibits prefiled with the court for the purpose of and prior to a trial or evidentiary hearing. Prefiled proposed exhibits offered or admitted into evidence are publicly accessible unless another exception in these rules applies.

[Subdivisions (b)(18)-(19) effective July 1, 2026.]

(18) Any document filed with respect to an inquest proceeding, including: an application for an inquest, an affidavit providing the grounds for the inquest, any request for a subpoena in connection with the inquest, any document supporting the request for a subpoena, the court’s decision on the request for the inquest, any court order issued with respect to the application and any subpoena request, and any response from the person or entity on which the subpoena is served.

(19) Records of the issuance of a nontestimonial identification order under V.R.Cr.P. 41.1, including but not limited to the application, supporting affidavit(s), any testimony, and inventory, until the filing of the return on the order, unless sealed by order of court; and records of the denial of a nontestimonial identification order, unless opened by order of the court.

(c) Records Introduced into Evidence. The exceptions to public access contained in Rule 6(b)(2), (3), and (4), and the exception to public access for federal, state, and local income tax returns contained in Rule 6(b)(6), no longer apply if the record covered by the exception is admitted into evidence by the court.

(d) Physical Case Records; Electronic Case Records. To the extent possible, physical case records that are not subject to public access under these rules shall be segregated from records to which the public has access. If a member of the public requests access to a case file, any record excepted from public access must be removed from the file before access is provided. Case records kept in electronic form must be designated as open for public access or closed from public access in whole or in part. This section does not permit remote access to any case record not otherwise provided by these rules.

(e) [Reserved.]

(f) Inspection Procedure. Physical case records and electronic case records to which the public has access via a terminal at court premises may be inspected and copied at any time when the office of the clerk of the court is open for business. Requests for access to inspect and copy case records must be acted upon promptly within the time limits set in 1 V.S.A. § 318. If a copy of the case record is requested, 1 V.S.A. § 316(g) and (h) apply. The fees for copying and, if applicable, staff time must be charged in accordance with 1 V.S.A. § 316(b)-(d) and (f). An electronic case record to which the public has remote access may be inspected and copied via the electronic case management system at any time, subject to the terms and conditions established by these rules. Requests for access to inspect and copy case records in possession of the State Records Center must be directed to the clerk of the court from which the case record was transferred to the records center. Requests for access to inspect and copy case records in possession of the Vermont State Archives must be directed to that agency.

(g) Denial Procedure. If access to all or part of a requested record is denied, the person requesting the record must be notified of the decision, in the manner and within the time limit specified in 1 V.S.A. § 318(a)(1) or 1 V.S.A. § 318(b)(5) where applicable. The notice must also inform the person requesting the record of the grievance procedure provided by this rule.

(h) Grievances. Any person aggrieved by a decision made with respect to a request for access to a physical or electronic case record or a part thereof, including any person about whom information has been requested, has a right to appeal that decision to the presiding judge of the court in which the case is filed within 7 days after the decision. If the decision appealed is to grant access to all or part of a record, the presiding judge may order the decision to be stayed pending a decision on appeal. The court must give notice of the hearing to the grievant and may give notice to other interested persons. The appeal proceeding must be set for hearing, if any, at the earliest practicable date and must be decided as soon as possible. A decision of the presiding judge may be appealed to the Supreme Court within 30 days after the entry of the decision.

(i) Access Pending Appeal of Underlying Case. When a case is appealed, the public-access status of the records in the case remains as it was in the trial court while the case is on appeal absent further order.

(j) Access to Statistical Reports. Nothing in this rule prohibits the Court Administrator or a record custodian from providing a statistical abstract of information contained in records not publicly accessible, provided that the abstract does not identify any person or entity described in the records.