Rule 47 - Recording of Probate Proceedings(a)When required. A recording shall be made of the proceedings in all cases except: (1) The finalization of an adoption;(2) An uncontested name change proceeding;(3) An uncontested vital records request.(b)When ordered. The court may require that a recording be made of any proceeding listed in subdivision (a) on the request of a party or on the court's own motion. The method of recording shall be specified in the order of the court. (c)When authorized. The court may authorize a party to make a recording of evidence or events occurring within the court. The court may specify the manner of recording and may impose reasonable requirements to enable other parties to have access to the record. Unless otherwise ordered by the court, a transcription of a record created under this subdivision shall not be considered to be a transcript of evidence or proceedings for purposes of any statute or rule governing evidence or appellate procedure.(d)Method of recording. When a record is required or is ordered by the court, the recording shall be made with electronic sound recording equipment, unless another method is specified by these rule.(e)Custody; transcription. An electronic recording made under the provisions of subdivisions (a) or (b) shall be kept by the register. Requests for a transcript shall be made directly to a Court-approved transcription service either through the service's website or using a form supplied by the courts. Before the transcription begins, the ordering party must pay the transcription service a deposit, not to exceed the amount allowed by the Court Administrator's contract with the transcription service. Any balance is due upon completion of the transcripts. When requested solely by the court, the transcript shall be prepared at the expense of the state. The electronic recording and transcript of a confidential proceeding shall be confidential.Amended Nov. 23, 2015, eff. 1/25/2016; amended Oct. 17, 2017, eff. 12/18/2017;amended November 6, 2023 eff. 1/8/2024.Reporter's Notes-2024 Amendment
Rule 47(e) is amended to conform to current practice, and to the language in V.R.C.P. 72(c) and V.R.A.P. 10(b)(2). V.R.C.P. 72 provides that any probate transcript regarding an appeal to the civil division be ordered in accordance with V.R.A.P. 10(b)(2). V.R.A.P. 10(b)(2) provides the method for ordering a transcript for an appeal. Rule 47(e) now provides the same process for ordering a transcript for an appeal or otherwise.
Reporter's Notes-2016 Amendment
Rule 47 is amended in the interests of uniformity to require all units of the Probate Division to follow the practice of most of those courts by recording all proceedings, with specific exceptions for proceedings that are normally nonadversarial or where confidentiality may be in issue. Amended subdivision (b) makes clear that the court may require recording of one of the excepted proceedings on its own or a party's motion.
Reporter's Notes-2017 Amendment
Rule 47(d) is amended to conform to current practice. The deleted language is unnecessary and inappropriate. Although the former last sentence is found in 4 V.S.A. § 803(b), it and other requirements of § 803 are "[subject to any rules prescribed by the supreme court pursuant to law."4 V.S.A. § 803(a).