Vt. Sup. Ct. Promulgation Order of June 23, 2026: VRE615Corrected

STATE OF VERMONT

VERMONT SUPREME COURT

JUNE TERM, 2026

Promulgation Order Correcting Order Amending Rule 615 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 this Court’s order amending Rule 615 of the Vermont Rules of Evidence, promulgated

on February 10, 2026, effective July 1, 2026, be replaced with the following order that contains

that same amended rule language but updates the Reporter’s Notes (deleted matter struck

through; new matter underlined):

RULE 615. EXCLUSION OF WITNESSES

(a) At the request of a party the court shall order witnesses excluded so that they cannot hear

the trial testimony of other witnesses, and it may make the order of its own motion; after a

witness’s trial testimony has been completed, however, the witness may remain within the

courtroom, even if the witness subsequently may be called upon by the other party or recalled in

rebuttal, unless a party shows good cause for the witness to be excluded. This rule does not

authorize exclusion of (1) a party who is a natural person, or (2) one an officer or employee of a

party which is not a natural person if that officer or employee has been designated as its

representative by its attorney, or (3) any a person whose presence is shown by a party to be

essential to the presentation of the party’s cause., or (4) a person authorized by statute to be

present.

(b) A court may also make additional orders, such as prohibiting disclosure of trial testimony

to witnesses who are excluded from the courtroom and prohibiting excluded witnesses from

accessing trial testimony. Any additional order entered under this subdivision shall specify the

witnesses who are subject to the order, and the content of the prohibited disclosure.

Reporter’s Notes—2026 Amendment

The amendment follows similar amendments to Federal Rule of

Evidence 615. Although expert witnesses are not specifically

identified in the text of the rule, courts “commonly approve the

designation of experts as essential” under Federal Rule 615(a)(3). 29

C. Wright & A. Miller, Federal Practice and Procedure § 6245 (2d ed.

2025). Such a designation does not undermine the purposes of the rule,

because experts typically are not testifying about factual matters

within their personal knowledge, but rather providing an opinion based

upon testimony and information supplied by others. Id.

Subdivision (a) is amended to specify that it applies to “trial”

testimony to limit the applicability of the rule to court proceedings and

exclude application to depositions, which are controlled by the civil

rules. This distinguishes the Vermont rule from its federal counterpart.

Use of the word “trial” is meant to provide the court with broad

authority to regulate disclosure of courtroom testimony to witnesses

during evidentiary hearings that are being conducted pursuant to these

rules.

New subdivision (b) clarifies that a court issuing a sequestration

order may also “prohibit excluded witnesses from learning about,

obtaining, or being provided with trial testimony.” Advisory

Committee Notes—2023 Amendments, F.R.E. 615. “The rule gives

the court discretion to determine what requirements, if any, are

appropriate in a particular case to protect against the risk that

witnesses excluded from the courtroom will obtain trial testimony.” Id.

A court considering such an order should ensure that the scope of any

order is tailored to the core purpose of the rule of preventing witnesses

from tailoring their testimony to the evidence presented at trial and

does not improperly intrude upon trial preparation or the attorney-client relationship. Id.

2. That this rule is prescribed and promulgated effective July 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 23rd day of June, 2026.

____________________________________

Paul L. Reiber, Chief Justice

____________________________________

Harold E. Eaton, Jr., Associate Justice

Signed by the Vermont Supreme Court ____________________________________

Nancy J. Waples, Associate Justice

_______________________________________

Christina E. Nolan, Associate Justice

____________________________________

Michael P. Drescher, Associate Justice