Vt. Sup. Ct. Promulgation Order of Oct. 29, 2025: VRE106

STATE OF VERMONT

VERMONT SUPREME COURT

OCTOBER TERM, 2025

Order Promulgating Amendments to Rule 106 of the Vermont Rules of Evidence

Pursuant to the Vermont Constitution, Chapter II, § 37, and 12 V.S.A. § 1, it is hereby ordered:

1. That Rule 106 of the Vermont Rules of Evidence be amended to read as follows (new

matter underlined):

RULE 106. REMAINDER OF OR RELATED WRITINGS OR RECORDED

STATEMENTS

When a writing or recorded statement or part thereof is introduced by a party, an adverse party

may require at that time the introduction of any other part or any other writing or recorded

statement which ought in fairness to be considered contemporaneously with it. The adverse party

may do so over a hearsay objection.

Reporter’s Notes—2026 Amendment

The amendment follows a similar amendment to the Federal Rules of

Evidence, and clarifies that, in situations where fairness requires completion,

completing statements are admissible over a hearsay objection. The rule of

completeness is grounded in fairness and cannot fulfill its function if the party

that creates a misimpression about the meaning of a proffered statement can

then object on hearsay grounds and exclude a statement that would correct the

misimpression. See 21 C. Wright & A. Miller, Federal Practice and Procedure

§ 5085 (2d ed. 2025) (describing amendment as “much needed” resolution of

persistent problem in federal courts).

2. That this rule is prescribed and promulgated effective January 1, 2026. The Reporter’s

Notes are advisory.

3. That the Chief Justice is authorized to report this rule to the General Assembly in

accordance with the provisions of 12 V.S.A. § 1, as amended.

Dated in Chambers at Montpelier, Vermont, this 29th day of October, 2025.

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Paul L. Reiber, Chief Justice

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Harold E. Eaton, Jr., Associate Justice

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Signed by the Vermont Supreme Court William D. Cohen Associate Justice

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Nancy J. Waples, Associate Justice