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Vermont committee discusses amendments to rules of evidence

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Thursday, March 6, 2025

Vermont committee discusses amendments to rules of evidence

State Supreme Court
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Honorable Nancy Jear Waples Associate Justice | Official Website

The Vermont Advisory Committee on the Rules of Evidence is set to convene on Friday, January 24, 2025, at 2:00 PM via Teams. The agenda includes several key items for discussion and decision-making.

Judge Corbett, Attorney Sullivan, Attorney Donnelly, and Attorney Pahl have been reappointed to additional terms. However, Attorney McAndrew has declined reappointment, necessitating a new member. Additionally, Reporter Rushlow has resigned, prompting the need for a new appointment by the Vermont Supreme Court.

Under old business, Judge Corbett will address amendments to VRE 502 concerning Lawyer Referral Privilege. The Vermont Supreme Court issued a proposed order amending this rule. Judge Corbett presented it to LCJR with no public comments received by the deadline. The next step involves voting on whether to submit the rule for promulgation by the Vermont Supreme Court.

Amendments to VRE 106 regarding the Rule of Completeness have been submitted for public comment publication by the Vermont Supreme Court. Further discussion and voting are anticipated on amendments to VRE 615 related to Exclusion of Witnesses. This amendment draft was circulated by Safar, Pahl, and Evers.

Questions persist about potential amendments to VRE 702 following federal changes to Rule 702.

In new business, Maia Young will revisit her presentation on VRE 403 concerning the introduction of lyrics and Black expression as evidence in courtrooms. She previously shared information on this topic along with references to her law-review article and a California bill addressing similar issues.

Public participation is encouraged through email requests for videoconference links sent to dickson.corbett@vtcourts.gov.

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