V.R.E.F. Rule 8

(a) Filing of Proposed Exhibits. All documents and photographs which are offered into

evidence as exhibits will be added to the electronic casefile unless the offer is withdrawn.

(b) Admitted Exhibits. If a document or photograph is admitted into evidence, court staff

must tag the electronic case record to reflect the admission.

(c) Physical Exhibits and Digital Evidence. Physical exhibits that cannot be added directly to

the electronic casefile will be added to the nonelectronic file and the court may order that they

also be scanned or photographed, and the image added to the electronic casefile. Digital evidence

that cannot be submitted through the electronic filing system must be submitted to the court in a

manner designated by Administrative Order 55. Admitted exhibits must be tagged and the

electronic case record must reflect the admission.

(d) Manner of Filing. All exhibits must be filed as separate documents into the electronic

filing system.

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not later withdrawn) should be made part of the electronic casefile.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).

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—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.