Vermont Rules of Evidence: Desk Copy

Rules of Evidence
ARTICLE I. GENERAL PROVISIONS

Rule
101. Scope.
102. Purpose and Construction.
103. Rulings on Evidence.
104. Preliminary Questions.
105. Limited Admissibility.
106. Remainder of or Related Writings or Recorded Statements.

ARTICLE II. JUDICIAL NOTICE
201. Judicial Notice of Adjudicative Facts.

ARTICLE III. PRESUMPTIONS
301. Presumptions in Civil Cases.
302. [Reserved.]
303. Presumptions in Criminal Cases.

ARTICLE IV. RELEVANCY AND ITS LIMITS
401. Definition of “Relevant Evidence”.
402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.
403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time.
404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes, Wrongs or Acts.
405. Methods of Proving Character.
406. Habit; Routine Practice.
407. Subsequent Remedial Measures.
408. Compromise and Offers To Compromise.
409. Payment of Medical and Similar Expenses.
410. Inadmissibility of Pleas, Plea Discussions, and Related Statements.
411. Liability Insurance.
412. Inadmissibility of Statements Made by Ward To Guardian Ad Litem.

ARTICLE V. PRIVILEGES
501. Privileges Recognized Only as Provided; Statutory Privileges.
502. Lawyer-Client Privilege.
503. Patient's Privilege.
504. Husband-Wife Privilege.

Rule
505. Religious Privilege.
506. [Reserved.]
507. [Reserved.]
508. [Reserved.]
509. Identity of Informant.
510. Waiver of Privilege and Work-Product by Disclosure.
511. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege.
512. Comment Upon or Inference From Claim of Privilege: Instruction.

ARTICLE VI. WITNESSES
601. Competency in General: Disqualification.
602. Lack of Personal Knowledge.
603. Oath or Affirmation.
604. Interpreters.
605. Competency of Judge as Witness.
606. Competency of Juror as Witness.
607. Who May Impeach.
608. Evidence of Character and Conduct of Witness.
609. Impeachment by Evidence of Conviction of Crime.
610. Religious Beliefs or Opinions.
611. Mode and Order of Interrogation and Presentation.
612. Writing or Object Used to Refresh Memory.
613. Prior Statements of Witness.
614. Calling and Interrogation of Witnesses by Court.
615. Exclusion of Witnesses.

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
701. Opinion Testimony by Lay Witness.
702. Testimony by Experts.
703. Factual Bases of Opinion Testimony by Experts.
704. Opinion on Ultimate Issue.
705. Disclosure of Facts or Data Underlying Expert Opinion.
706. Court Appointed Experts.

ARTICLE VIII. HEARSAY
801. Definitions.
802. Hearsay Rule.
803. Hearsay Exceptions: Availability of Declarant Immaterial.
804. Hearsay Exceptions: Declarant Unavailable.
804a. Hearsay Exception; Putative Victim Age 12 or Under; Person with a Mental Illness or Developmental Disability.

RULES OF EVIDENCE
Rule
805. Hearsay Within Hearsay.
806. Attacking and Supporting Credibility of Declarant.
807. Testimony Where Victim Is a Minor Or a Person with a Psychiatric, Intellectual, or Developmental Disability.

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
901. Requirement of Authentication or Identification.
902. Self-authentication.
903. Subscribing Witness' Testimony Unnecessary.

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
1001. Definitions.
1002. Requirement of Original.
1003. Admissibility of Duplicates.
1004. Admissibility of Other Evidence of Contents.
1005. Public Records.
1006. Summaries.
1007. Testimony or Written Admission of Party.
1008. Functions of Court and Jury.

ARTICLE XI. MISCELLANEOUS RULES
1101. Applicability of Rules.
1102. Effective Date.
1103. Title.

ARTICLE I. GENERAL PROVISIONS
RULE 101. SCOPE
These rules govern proceedings in the courts of this State to the extent and with the exceptions stated in Rule 1101.

Reporter's Notes
This rule is identical to Uniform Rule 101 and is similar in language and effect to Federal Rule 101. This rule states the applicability of the Rules of Evidence in general terms. Rule 1101 specifies in detail the courts, proceedings, questions, and stages of proceedings to which the rules apply. The Vermont Rules of Evidence are promulgated by the Supreme Court under the authority of the Vermont Constitution, Ch. II, § 37, which provides that the Court ''shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts,'' and that any such rule ''may be revised by the General Assembly.'' The legislature has recognized that Rules of Evidence are ''rules governing practice and procedure'' in a 1982 amendment to 12 V. S.A. § 1.