Title 12, Title 12: Court Procedure

§ 1605. Husband and wife Husband and wife shall be competent witnesses for or against each other in all cases, civil or criminal, except that neither shall be allowed to testify against the other as to a statement, conversation, letter, or other communication made to the other or…

§ 1606. Religious belief A person shall not be incompetent as a witness in any court, matter, or proceeding, on account of his or her opinions on matters of religious belief; nor shall a witness be questioned, nor testimony taken or received, in relation thereto.

§ 1607. Priests and ministers A priest or minister of the gospel shall not be permitted to testify in court to statements made to him or her by a person under the sanctity of a religious confessional.

§ 1608. Conviction of crime A person shall not be incompetent as a witness in any court, matter, or proceeding by reason of the person’s conviction of a crime. The conviction of a crime involving moral turpitude within 15 years shall be the only crime admissible in evidence given…

§ 1609. Admissibility of written statements In civil cases, a written statement of a witness, other than when required by law, shall not be admissible in any court proceeding, either as an admission or as impeaching evidence, unless the written statement is taken pursuant to the …

§ 1611. Written statements; consent of physician or parent In civil cases, a written statement of a person who has been injured and is under the care of a physician and confined in a hospital, taken without the permission of the attending physician, or if the person is a minor, w…

§ 1612. Patient’s privilege (a) Confidential information privileged. Unless the patient waives the privilege or unless the privilege is waived by an express provision of law, a person authorized to practice medicine, chiropractic, or dentistry, a registered professional or licens…

§ 1613. Lawyer-corporate client privilege Communications otherwise privileged under Rule 502 of the Vermont Rules of Evidence are privileged with respect to a corporation only if the representative client is a member of the control group of the corporation, acting in his or her o…

§ 1614. Victim and crisis worker privilege (a)(1) “Crisis worker” means an employee or volunteer who: (A) provides direct services to victims of abuse or sexual assault for a domestic violence program or sexual assault crisis program incorporated or organized for the purpose of p…

§ 1615. Journalist’s privilege (a) Definitions. As used in this section: (1) “Journalist” means: (A) an individual or organization engaging in journalism or assisting an individual or organization engaging in journalism at the time the news or information sought to be compelled p…

§ 1623. Penalty for disobeying subpoena When a person upon whom a subpoena is legally served fails to appear according to such subpoena, without reasonable excuse, he or she shall forfeit to the party which issued the subpoena or on whose behalf it was issued a sum set by the cou…

§ 1624. Mittimus to compel attendance When it appears to a court that a subpoena has been legally served on a person, and that such person has not obeyed the subpoena, the court may issue a mittimus to compel his or her attendance. (Amended 1983, No. 230 (Adj. Sess.), § 7.)

§ 1642. Impeachment of own witness When, in the opinion of the court, a witness produced by a party is adverse, such party, by leave of court, may prove that such witness has made statements inconsistent with his or her testimony. Before such proof is given, the attention of the …

§ 1643. Expert witness An expert witness may be asked to state his or her opinion based on the witness’ personal observation, or on evidence introduced at the trial and seen or heard by the witness, or on his or her technical knowledge of the subject, without first specifying hyp…

§ 1644. Witnesses may be examined separately On the trial of a civil cause, in its discretion, upon the application of either party, the Superior Court may order the witnesses of the adverse party examined separately and apart from each other. (Amended 1965, No. 194, § 10, eff. J…

§ 1646. Evidence of sexual conduct (a) In a civil action arising from alleged wrongful sexual activity and in professional licensing board administrative hearings where alleged wrongful sexual activity is an issue: (1) Neither opinion evidence of, nor evidence of the reputation o…

§ 1661. Attesting witnesses to wills and other instruments The provisions of sections 1601-1609 and 1642 of this title shall not affect the law relating to the attestation of the execution of last wills and testaments or of any other instrument. (Amended 1971, No. 185 (Adj. Sess.…

§ 1662. Self incrimination—generally The provisions of sections 1601-1609 and 1642 of this title shall not compel a person to subject himself or herself by his or her testimony to a prosecution for a criminal offense. (Amended 1971, No. 185 (Adj. Sess.), § 50, eff. March 29, 1972…

§ 1663. Suits or prosecutions for fraudulent conveyances When a person testifies in a suit or proceeding at law, his or her testimony shall not be used as evidence to prove any fact in a suit or prosecution against him or her for a penalty for violation of a law in relation to fr…

§ 1664. Immunity of witnesses (a) Whenever a witness refuses, on the basis of his or her privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court or grand jury of the State of Vermont, and the presiding judge com…