Vt. R. Elec. Filing. 8
Vt. R. Elec. Filing. 8
Reporter's Notes-2025 Amendment
Rule 8 is amended to address digital evidence exhibits that cannot be filed through the electronic filing system. Electronically filed documents must be in PDF format. See 2020 V.R.E.F. 7(a). Some digital evidence, such as high-quality photographs, audio recordings, or videos, cannot be submitted through the electronic filing system or stored in the case management system. Administrative Order 55 requires this digital evidence to be submitted through the Vermont Digital Evidence Portal (VDEP). However submitted, all exhibits must be listed on the litigant's exhibit list and the electronic case record must be updated to reflect whether the exhibit was offered and admitted.
Reporter's Notes-2024 Amendment
Rule 8 is amended to add new subdivision (d), which addresses the manner for filing exhibits into the electronic filing system. This rule concerns the filing of exhibits related to an evidentiary hearing and does not address attachments to motions, which are covered by Rule 5(g), or other pleadings. The rule change codifies current practice for the efiling of exhibits. The Vermont Judiciary website contains detailed instructions on how to submit exhibits with an exhibit list as the lead document and the exhibits as attachments to that lead document. The amended rule requires that each exhibit be submitted as a separate document instead of as one compiled document. It is important to separate exhibits into separate files so individual exhibits can be properly tracked and marked as offered or admitted.
Reporter's Notes-2020
Rule 8 reflects the policy that exhibits offered into evidence (and not later withdrawn) should be made part of the electronic casefile. If the court rules that an exhibit is inadmissible, it is important for the proffered exhibit to be made part of the electronic case file for purposes of any appellate review. The court has flexibility to determine how the policy will be implemented in the particular case. If a proposed exhibit is a photograph or document and the proponent of admission is an electronic filer, the judge may order that the proponent of admission efile the exhibit prior to the hearing or trial. Alternatively, the judge may direct that court staff scan and place proposed exhibits into the electronic casefile at the time of the hearing or trial. However, the proposed exhibit enters the electronic casefile, the file must reflect its admission if that occurs.
Some proposed exhibits cannot be scanned and are not preexisting photographs-for example, a weapon alleged to be used to commit a crime. In such a situation, the court can allow the exhibit to be added to the nonelectronic case file under Rule 8(c). The court may also require that an image of the proposed exhibit be made by scanning or photographing, and that the image be included in the electronic casefile. Whether or not the image of the proposed exhibit is reflected in the electronic casefile, that file must show if the exhibit was admitted under Rule 8(b).