Rule 6a Appendix

CitationDescription2019, No. 167 (Adj. Sess.), § 31(f) (uncodified)A special index of expunged marijuana criminal history records, and related materials, is confidential.3 V.S.A. § 163(e)(3)A special index of juvenile cases expunged after completion of diversion together with expungement orders is confidential.3 V.S.A. § 163(d), (f)(7)(B) (eff. July 1, 2025)Juvenile diversion case becomes confidential once notice of post-charge referral to the juvenile diversion program is provided to court. Special index of post-charge juvenile diversion cases expunged after completion of diversion is confidential.3 V.S.A. § 164(e)(1), (g)(3)(C)Files held by the court relating to the charges against a person who participates in adult diversion program are confidential, with certain exceptions. A special index of criminal cases expunged after completion of diversion and records sealed under a prior version of the statute are not publicly accessible.3 V.S.A. § 164(d), (f)(7)(B) (eff. July 1, 2025)Adult diversion case becomes confidential when notice of post-charge referral is provided to court, or upon successful completion of diversion for persons also subject to conditions of release. Special index of post-charge diversion cases expunged after completion of diversion is confidential.4 V.S.A. § 741Credit card numbers in possession of court or judicial bureau are confidential.7 V.S.A. § 656Confidentiality provisions of 3 V.S.A. §§ 163, 164 apply once notice of violation is issued to person between ages of 16 and 21 who misrepresents age to procure alcohol, or consumes or possesses alcohol, unless person fails to register with or complete Youth Substance Awareness Safety Program.8 V.S.A. § 7043Summary proceedings related to the seizure of delinquent insurers are confidential.9 V.S.A. § 2480ff(b)(8), (9)In a proceeding for a transfer of structured settlement payment rights, certain documents may or must be filed under seal automatically making them not publicly accessible.9 V.S.A. § 4605In an action under the Trade Secrets Act, 9 V.S.A. §§ 4601-4609, the secrecy of the alleged trade secret shall be preserved.12 V.S.A. § 522(b)Civil complaint alleging childhood sexual abuse sealed until answer is served or court rules on motion to dismiss. If dismissed, complaint remains sealed.12 V.S.A. § 1646(b)In a civil action arising from alleged wrongful sexual activity, court determines admissibility of evidence of sexual conduct at in camera hearing, at which all objections are raised.12 V.S.A. § 1705Proceeding as to disclosure of HIV counseling and testing information held in camera unless court orders otherwise. Subject referred to in pleadings by pseudonym. Any documents with true name not disclosed other than to parties with a compelling need to know and then sealed at conclusion of the proceedings.13 V.S.A. § 1460(a)Records in cases seeking an injunction against a juvenile to stop hate-motivated conduct are not publicly accessible by incorporation of 33 V.S.A. § 5117.13 V.S.A. § 3255(b)In a prosecution for a sexual assault, lewd and lascivious conduct, human trafficking, or for abuse or exploitation of a vulnerable adult, if a defendant proposes to offer evidence of prior sexual conduct, the defendant must provide notice of such intent, and the court determines admissibility at in camera hearing, at which all objections are raised.13 V.S.A. § 3256(j)Records of court proceedings for testing a defendant or offender for infectious diseases, and the test result for the defendant or offender, are not publicly accessible by virtue of automatic sealing.13 V.S.A. § 4824A report to the National Instant Criminal Background Check System that a person has been found by a court to be a person in need of treatment is not publicly accessible.13 V.S.A. § 5134The stenographer in a criminal inquest proceeding is sworn to keep secret all matters and things coming before the judge in such inquest. Testimony taken by the stenographer shall not be disclosed except to the Attorney General, State’s Attorney, and judge holding the inquest.13 V.S.A. § 5236(f)Financial information provided by a defendant pursuant to 13 V.S.A. § 5236(d), (e) is not publicly accessible in the trial and Supreme Court.13 V.S.A. § 5566(c)DNA profile information related to a petition for postconviction DNA testing is confidential.13 V.S.A. § 7043(c)(3)If defendant seeks, for purposes of restitution hearing, to view medical and mental health records submitted to the Victims Compensation Board, the prosecuting attorney shall file the records with the court under seal, and the court will determine in camera whether to order disclosure.13 V.S.A. § 7606(d)(3)A special index of criminal cases expunged by court order pursuant to Chapter 230 of Title 13 is not publicly accessible.13 V.S.A. § 7607Records in cases sealed by court order pursuant to Chapter 230 of Title 13 are not publicly accessible. A special index of criminal cases sealed by court order pursuant to Chapter 230 of Title 13 is not publicly accessible.13 V.S.A. § 7609A special index of sentences for sex offenses that require registration that are expunged by court order pursuant to 13 V.S.A. § 7609(a) is not publicly accessible.14 V.S.A. § 2; V.R.P.P. 77(e)(1), (2), V.R.P.P. 80.4A will filed with the probate division for safekeeping, and the index entry of such a will, are not publicly accessible during the life of the testator, as provided in 14 V.S.A. 2(e). The register may reveal the existence of a will as provided in V.R.P.P. 80.4(b).14 V.S.A. § 3067(e)Professional evaluation of need for guardian is confidential.14 V.S.A. § 3068(e)If the court finds after a guardianship proceeding that the person is not in need of guardianship, the records of the proceeding become not publicly accessible by virtue of automatic sealing.14 V.S.A. § 3098(i)Information regarding a child’s immigration status related to a petition for classification as a special immigrant juvenile is confidential.15 V.S.A. § 788(c)In all cases in which an order for relief from abuse has been entered, address and employment information provided to the court for child support purposes is confidential.15 V.S.A. § 1079(e)Information provided about child under UCCJEA is confidential (filed under seal) if party alleges that the information would jeopardize child’s health, safety, or liberty.15A V.S.A. §§ 3-203, 6-102, 9-101(h)Title 15A provides for adoption proceedings, relinquishment proceedings, proceedings to terminate parental rights in certain circumstances and proceedings to gain certain information relating to an adoption. For all these proceedings, the in-court events are closed to the public and the records are not publicly accessible.15B V.S.A. § 1312In a proceeding under the Uniform Interstate Family Support Act, specific identifying information must be sealed if a party alleges in an affidavit or sworn pleading that the health, safety, or liberty of a party or child would be jeopardized by disclosure.18 V.S.A. § 1094Petition to restrain Board of Health from making examination of person suspected of venereal disease infection and resulting court order are not publicly accessible.18 V.S.A. § 4230b(f)(6)Confidentiality provisions of 3 V.S.A. §§ 163, 164 apply once notice of violation is issued to person between ages of 16 and 21 who knowingly and unlawfully possesses one ounce or less of cannabis or five grams or less of hashish or two mature cannabis plants or fewer or four immature cannabis plants or fewer, unless person fails to register with or complete Youth Substance Awareness Safety Program.18 V.S.A. § 5112(d)Records of a proceeding where the probate division authorizes a new birth certificate because of a change of gender identity are not publicly accessible.18 V.S.A. § 7103Proceedings under Part 8 of Title 18–generally mental-health and developmental-disabilities related proceedings and sterilization–are closed to the public and the records of the proceedings are not publicly accessible.18 V.S.A. § 8713All records of a sterilization proceeding are not publicly accessible by virtue of being sealed unless requested to be opened by the respondent (note these proceedings are also covered by 18 V.S.A. § 7103).18 V.S.A. §§ 9306(c), 9309(b)Records in proceedings to appoint a guardian for a person who is developmentally disabled are not publicly accessible (note these proceedings are also covered by 18 V.S.A. § 7103).18 V.S.A. § 9472(c)(1)(A), (c)(5)(A)Health insurer seeking to disclose, without consent, financial and utilization information, or financial arrangements with drug manufacturers, designated confidential by a pharmacy benefit manager, in a case under the Consumer Protection Act, must file that information with the court under seal.20 V.S.A. § 2056a(c)Criminal History Records obtained through the National Criminal Information Center, as provided in 20 V.S.A. § 2056a(c), are not considered publicly accessible by that agency, 28 CFR § 20.33(b). Disclosure of such records may result in cancellation of access to them.23 V.S.A. § 1098(b)The record of certain cases in the Judicial Bureau where defendant admitted or did not contest a violation prior to January 1, 2007 are required to be sealed making them not publicly accessible.28 V.S.A. §§ 204, 204a; V.R.Cr.P. 32(c)A presentence report, pre-parole report, or supervision history, including any supervised community sentence plan, which is part of a presentence report pursuant to 28 V.S.A. § 352(c), is not publicly accessible as a court record, subject to exceptions in § 204 and V.R.Cr.P. 32(c).32 V.S.A. § 632(b)(1)A false claim action brought by a relator must be filed under seal and remain under seal for at least 60 days after being served on the attorney general rendering the complaint not publicly accessible.33 V.S.A. §§ 5110, 5117, 5118, 5119, 5122, 5126, 5281, 5282, 5283; V.R.F.P 1(i)(3)Records in juvenile proceedings are generally not publicly accessible.V.R.Cr.P. 6(e)(1), (6)A transcript of proceedings before the grand jury is not publicly accessible and “records, orders, and subpoenas relating to grand-jury proceedings must be kept under seal to the extent and as long as necessary to prevent disclosure of a matter occurring before a grand jury.” V.R.Cr.P. 6(e)(1), (6).Judicial Ethics Committee, Administrative Order No. 35 § 6Unless otherwise ordered by the Supreme Court, all records are confidential but for redacted advisory opinions approved for publication.Rules Governing Establishment and Operation of the Professional Responsibility Program, Administrative Order No. 9, Rules 7(D), 8, 16Information related to complaints to the lawyer professional responsibility program is not publicly accessible before filing of a formal disciplinary proceeding. Deliberations and work product of the Board, hearing panel, and their counsel remain confidential. Proceedings related to disability inactive status are confidential. Operations of the Bar Assistance Program are confidential.Rules for the Disciplinary Control of Judges, Rules 6(7), 6(11), 8, 11“All papers, files, transcripts and communications in proceedings before the Board shall be confidential”; however, “after the service of a Formal Complaint upon a judge, the Formal Complaint, all subsequent pleadings, exhibits and rulings of the Board, and any hearing related to the Formal Complaint, shall be public.” Annual reports to the Supreme Court and closure reports are publicly accessible.Rules Governing the Assignment and Payment Therefore by the Defender General, Administrative Order No. 4 § 5Any proof of income furnished in support of eligibility for public defender services is confidential.Rules Governing Qualification, List, Selection and Summoning of All Jurors, Rules 4(c) & 10; 4 V.S.A. § 955; V.R.Cr.P. 24(a)(2); V.R.C.P. 47(a)(2)Certain information about jurors and provided by jurors in response to a questionnaire is not publicly accessible. Any electronic record of questionnaire responses is not publicly accessible. The information is available to the parties, and the “physical record” of the information is publicly available with names and addresses redacted.Rules of Civil Procedure, Rule 39(e)“Any notes taken by jurors during a trial shall remain confidential to the jury and shall not be admissible in evidence for any purpose.”Rules of Professional Conduct, Rule 1.17(c)(3)Certain information about representation of a client provided to court in relation to sale of law practice is not publicly accessible due to in camera submission.Rules for Family Proceedings 4.1(b)(2)In divorce or parentage proceeding involving minor children in which parentage or child support is in issue, when an order is entered parties must file location and identity information. Any information filed pursuant to this paragraph will be available only to parties and their counsel.

APPENDIX to Rule 6: Statutes and Court Rules Providing Restrictions or Prohibitions on Public Access to Judicial-Branch Records

Note: Listed below are provisions of statutes and court rules that may limit access to judicial branch case records, along with a summary of each. The summaries are provided for reader convenience and are not legally binding. Readers should review the text of the statutes and court rules before applying them. This list may not include all such limitations on access.