Title 12, Title 12: Court Procedure

§ 1042. Certificate of merit (a) No civil action shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after February 1, 2013, in which it is alleged that such injury or death resulted from the negligence of a health care provider, unl…

§ 1043. Nonconsensual removal of or tampering with a condom (a) No person shall intentionally and without consent remove or tamper with a condom prior to or during a sexual act in a manner likely to render it ineffective for its common purpose when consent to the sexual act is gi…

§ 1076. Release of claim for personal injury or death—disavowal of agreement An agreement entered into by a person or his or her legal representative within 15 days after personal injury to him or her or his or her death or personal injury or death of his or her spouse or child, …

§ 1077. Tender of compensation When an agreement is disavowed, the claimant or his or her legal representative shall tender any consideration received to the person who paid or delivered the same. (1961, No. 269, § 2, eff. Aug. 1, 1961.)

§ 1248. Depositions to be used outside State; commissioners of other states; law governing A person who is appointed or commissioned by the governor or a court of record of another state to take depositions in this State to be used in the other state shall have the same power to …

§ 1601. Interest of witness; effect on qualifications and credibility A person shall not be disqualified as a witness in a civil cause or proceeding by reason of his or her interest therein as a party or otherwise. However, his or her interest or connection may be shown to affect…

§ 1602. When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability A party shall not be allowed to testify in his or her own favor where the other party to the contract or cause of action in issue and on trial is dead or shown to the c…

§ 1603. When executor or administrator is a party When an executor or administrator is a party, the other party shall not be permitted to testify in his or her own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except…

§ 1604. Value of property; owner as competent witness The owner of real or personal property shall be a competent witness to testify as to the value thereof.

§ 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…

§ 1691. Production of books and papers; subpoena duces tecum (a) In the trial of actions at law, and on motion and due notice, Supreme and Superior Courts may require the parties to produce any books or writings in their possession or power which contain evidence pertinent to the…

§ 1691a. Procedure for production of employee personnel records (a) Policy. It is the policy of this State that an employee’s personnel records should not be discovered by a party in a civil action without first giving the employee notice and an opportunity to object to the disco…

§ 1692. Certified copies of public records admissible Unless otherwise provided, a certified or photographic copy of a record or document required by statute to be kept by a public official shall be competent evidence in a court in this State. Such official shall be a certifying …

§ 1693. Weather record A copy of the record of weather observations, taken under the direction of any department of the U.S. government, may be received in evidence in a civil cause in any court, if certified under oath by the officer in charge thereof at the place where the same…

§ 1694. Municipal ordinances; references in prosecutions In a prosecution for violation of an ordinance or bylaw of a municipal corporation, a copy thereof certified by its clerk to be a lawfully enacted and existing ordinance or bylaw of such municipal corporation shall be prima…

§ 1695. Records of births, civil marriages, and deaths (a) A record of births, civil marriages, or deaths required by law to be kept or any certified copy thereof, shall not be competent evidence in any trial to prove a fact stated therein, except the fact of birth, civil marriag…

§ 1696. Foreign records—births, marriages, and deaths A copy of the record of a birth, death, or marriage in another state or foreign country, certified under oath to be a true copy thereof, by a person who certifies under oath that he or she is the legal custodian of such record…

§ 1697. Deeds, mortgages, and other public records A copy of the record of a deed, mortgage, or public record of another state or foreign country shall be received by the courts of this State as prima facie evidence of such document, if such copy is certified under oath to be a t…

§ 1698. Judgments A copy of the record of a judgment of a court of another state or foreign country shall be received by the courts of this State as prima facie evidence of such judgment, if such copy is certified under oath by the clerk of the court rendering such judgment to be…

§ 1699. Foreign laws and decisions; determination by court The statutes, laws, and decisions of another state may be evidenced, prima facie, in the courts of this State by a printed copy of the laws, which purports to be published by the authority of the other state. The determin…

§ 1700. Uniform Business Records as Evidence Act (a) The term “business,” as used in subsection (b) of this section, shall include every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not. (b) A record of an act, …

§ 1701. Uniform Photographic Copies of Business and Public Records as Evidence Act (a) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, wr…

§ 1702. Missing persons—finding of presumed death under Federal Missing Persons Act A written finding of presumed death, made by the officer or employee of the United States authorized to make such finding, pursuant to the Federal Missing Persons Act, as now or hereafter amended,…

§ 1703. Report as to status An official written report or a record or duly certified copy thereof, made by such officer or employee, that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, or is dead or is alive,…

§ 1704. Finding or report as prima facie evidence For the purposes of sections 1702-1704 of this title any finding, report, or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in section 170…

§ 1705. HIV-related testing information (a) No court of this State shall issue an order requiring the disclosure of individually-identifiable HIV-related testing or counseling information unless the court finds that the person seeking the information has demonstrated a compelling…

§ 1901. Exclusion of public When a cause of scandalous or obscene nature is on trial, the presiding judge or the justice shall exclude therefrom all minors, unless necessarily present as parties or witnesses, and in his or her discretion, may exclude all persons not so present.