Qualifications, Privileges, and Credibility

V.S.A. tit. 12, ch. 61, subch. 1

in effect

12 V.S.A. § 1601 Interest of witness; effect on qualifications and credibility

1601. Interest of witness; effect on qualifications and credibility A person shall not be disqualified as a witness in a civil cause or proceeding by reason of his or her interest therein as a party or otherwise. However, his or her interest or connection may be shown to affect his or her credibility as a witness.

12 V.S.A. § 1602 When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability

1602. When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability A party shall not be allowed to testify in his or her own favor where the other party to the contract or cause of action in issue and on trial is dead or shown to the court to lack capacity to testify due to a mental condition or psychiatric disability, except as follows: (1) To meet or explain the testimony of living witnesses produced against him or her. (2) To meet the testimony of such deceased or party who lacks capacity to testify due to a mental condition or psychiatric disability upon a question upon which his or her testimony has been taken in writing or by a stenographer in open court to be used in such action and is admitted as evidence therein. (3) In any action in which the estate of such deceased or party who lacks capacity to testify due to a mental condition or psychiatric disability or his or her grantee or assignee is a party, entries in a cash or account book showing the receipt or payment of money in due course of business, made by such party prior to his or her death or incapacity to testify and before any controversy arose respecting the transaction to which such entries relate, may be admitted in evidence as tending to show the facts therein recited to be true. The adverse party in such action may meet the evidence of such entries by any proper evidence. (4) In addition to the right to testify, as provided in the foregoing exceptions, the living party may be a witness in his or her own favor, so far as to prove in whose handwriting his or her entries are and when they were made and no further, in actions founded on book account and when the matter in issue and on trial is proper matter of book account. (5) In any action founded on tort, provided, however, that in tort actions by or against representatives of deceased persons, memoranda and declarations of the deceased, relevant to the matter in issue, may be received as evidence, and provided further, that this provision shall not be construed as permitting testimony as to conversations with the deceased other than to meet or explain the memoranda or declarations of the deceased. Amended 1961, No. 166, § 1; 2013, No. 96 (Adj. Sess.), § 46.

12 V.S.A. § 1603 When executor or administrator is a party

1603. When executor or administrator is a party When an executor or administrator is a party, the other party shall not be permitted to testify in his or her own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to acts done or contracts made since the probate of the will, or since the appointment of the administrator, and to meet or explain the testimony of living witnesses produced against him or her. This section shall not apply to actions founded on tort. Amended 1961, No. 166, § 2.

12 V.S.A. § 1604 Value of property; owner as competent witness

1604. Value of property; owner as competent witness The owner of real or personal property shall be a competent witness to testify as to the value thereof.

12 V.S.A. § 1605 Husband and wife

1605. Husband and wife Husband and wife shall be competent witnesses for or against each other in all cases, civil or criminal, except that neither shall be allowed to testify against the other as to a statement, conversation, letter, or other communication made to the other or to another person, nor shall either be allowed in any case to testify as to a matter which, in the opinion of the court, would lead to a violation of marital confidence. This section shall not be construed so as to prevent a libelant and libelee from testifying as to all matters in divorce causes.

12 V.S.A. § 1606 Religious belief

1606. Religious belief A person shall not be incompetent as a witness in any court, matter, or proceeding, on account of his or her opinions on matters of religious belief; nor shall a witness be questioned, nor testimony taken or received, in relation thereto.

12 V.S.A. § 1607 Priests and ministers

1607. Priests and ministers A priest or minister of the gospel shall not be permitted to testify in court to statements made to him or her by a person under the sanctity of a religious confessional.

12 V.S.A. § 1608 Conviction of crime

1608. Conviction of crime A person shall not be incompetent as a witness in any court, matter, or proceeding by reason of the person’s conviction of a crime. The conviction of a crime involving moral turpitude within 15 years shall be the only crime admissible in evidence given to affect the credibility of a witness. Amended 1959, No. 250, eff. June 10, 1959; 2005, No. 148 (Adj. Sess.), § 4f.

12 V.S.A. § 1609 Admissibility of written statements

1609. Admissibility of written statements In civil cases, a written statement of a witness, other than when required by law, shall not be admissible in any court proceeding, either as an admission or as impeaching evidence, unless the written statement is taken pursuant to the requirements for depositions that the Supreme Court may by rule provide, or unless, before offering the statement in evidence, the party offering the statement identifies the person and capacity of the person taking it and the circumstances under which it was taken. 1959, No. 262, § 39, eff. June 11, 1959; amended 1971, No. 185 (Adj. Sess.), § 48, eff. March 29, 1972.

12 V.S.A. § 1611 Written statements; consent of physician or parent

1611. Written statements; consent of physician or parent In civil cases, a written statement of a person who has been injured and is under the care of a physician and confined in a hospital, taken without the permission of the attending physician, or if the person is a minor, without the permission of the parent as well, shall not be admissible in any court proceeding either as an admission or as impeaching evidence. 1963, No. 116.

12 V.S.A. § 1612 Patient’s privilege

1612. Patient’s privilege (a) Confidential information privileged. Unless the patient waives the privilege or unless the privilege is waived by an express provision of law, a person authorized to practice medicine, chiropractic, or dentistry, a registered professional or licensed practical nurse, or a mental health professional as defined in 18 V.S.A. § 7101(13) shall not be allowed to disclose any information acquired in attending a patient in a professional capacity, including joint or group counseling sessions, and which was necessary to enable the provider to act in that capacity. (b) Identification by dentist; crime committed against patient under 16. A dentist shall be required to disclose information necessary for identification of a patient. A physician, dentist, chiropractor, or nurse shall be required to disclose information indicating that a patient who is under the age of 16 years has been the victim of a crime. (c) Mental or physical condition of deceased patient. (1) A physician, chiropractor, or nurse shall be required to disclose any information as to the mental or physical condition of a deceased patient privileged under subsection (a) of this section, except information which would tend to disgrace the memory of the decedent, either in the absence of an objection by a party to the litigation or when the privilege has been waived: (A) by the personal representative, or the surviving spouse, or the next of kin of the decedent; or (B) in any litigation where the interests of the personal representative are deemed by the trial judge to be adverse to those of the estate of the decedent, by any party in interest; or (C) if the validity of the will of the decedent is in question, by the executor named in the will, or the surviving spouse or any heir-at-law or any of the next of kin or any other party in interest. (2) A physician, dentist, chiropractor, mental health professional, or nurse shall be required to disclose any information as to the mental or physical condition of a deceased patient privileged under subsection (a) of this section upon request to the Chief Medical Examiner. Added 1973, No. 190 (Adj. Sess.), eff. July 1, 1974; amended 1981, No. 221 (Adj. Sess.), § 1; 1991, No. 236 (Adj. Sess.), § 2; 1993, No. 222 (Adj. Sess.), § 23; 2009, No. 55, § 12.

12 V.S.A. § 1613 Lawyer-corporate client privilege

1613. Lawyer-corporate client privilege Communications otherwise privileged under Rule 502 of the Vermont Rules of Evidence are privileged with respect to a corporation only if the representative client is a member of the control group of the corporation, acting in his or her official capacity. However, if the communications are with a representative client who is not a member of the control group, such communications are privileged only to the extent necessary to effectuate legal representation of the corporation. For purposes of this section, “control group” means: (1) the officers and directors of a corporation; and (2) those persons who: (A) have the authority to control or substantially participate in a decision regarding action to be taken on the advice of a lawyer; or (B) have the authority to obtain professional legal services or to act on advice rendered pursuant thereto, on behalf of the corporation. Added 1993, No. 85, § 4b, eff. Jan. 1, 1994.

12 V.S.A. § 1614 Victim and crisis worker privilege

1614. Victim and crisis worker privilege (a)(1) “Crisis worker” means an employee or volunteer who: (A) provides direct services to victims of abuse or sexual assault for a domestic violence program or sexual assault crisis program incorporated or organized for the purpose of providing assistance, counseling, or support services; (B) has undergone 20 hours of training; (C) works under the direction of a supervisor of the program, supervises employees or volunteers, or administers the program; and (D) is certified by the director of the program. (2) A communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of services to the victim or those reasonably necessary for the transmission of the communication. (b) A victim receiving direct services from a crisis worker has the privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made by the victim to the crisis worker, including any record made in the course of providing support, counseling, or assistance to the victim. The crisis worker shall be presumed to have authority to claim the privilege but only on behalf of the victim. Added 1993, No. 228 (Adj. Sess.), § 8.

12 V.S.A. § 1615 Journalist’s privilege

1615. Journalist’s privilege (a) Definitions. As used in this section: (1) “Journalist” means: (A) an individual or organization engaging in journalism or assisting an individual or organization engaging in journalism at the time the news or information sought to be compelled pursuant to subsection (b) of this section was obtained; or (B) any supervisor, employer, parent company, subsidiary, or affiliate of an individual or organization engaging in journalism at the time the news or information sought to be compelled pursuant to subsection (b) of this section was obtained. (2) “Journalism” means: (A) investigating issues or events of public interest for the primary purpose of reporting, publishing, or distributing news or information to the public, whether or not the news or information is ultimately published or distributed; or (B) preparing news or information concerning issues or events of public interest for publishing or distributing to the public, whether or not the news or information is ultimately published or distributed. (b) Compelled disclosure. (1) No court or legislative, administrative, or other body with the power to issue a subpoena shall compel: (A) a journalist to disclose news or information obtained or received in confidence, including: (i) the identity of the source of that news or information; or (ii) news or information that is not published or disseminated, including notes, outtakes, photographs, photographic negatives, video or audio recordings, film, or other data; or (B) a person other than a journalist to disclose news or information obtained or received from a journalist if a journalist could not be compelled to disclose the news or information pursuant to subdivision (A) of this subdivision (1). (2) No court or legislative, administrative, or other body with the power to issue a subpoena shall compel: (A) a journalist to disclose news or information that was not obtained or received in confidence unless it finds that the party seeking the news or information establishes by clear and convincing evidence that: (i) the news or information is highly material or relevant to a significant legal issue before the court or other body; (ii) the news or information could not, with due diligence, be obtained by alternative means; and (iii) there is a compelling need for disclosure; or (B) a person other than a journalist to disclose news or information obtained or received from a journalist if a journalist could not be compelled to disclose the news or information pursuant to subdivision (A) of this subdivision (2). (c) No implication of waiver. The publication or dissemination of news or information shall not constitute a waiver of the protection from compelled disclosure as provided in subsection (b) of this section. Added 2017, No. 40, § 1, eff. May 17, 2017.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/061Fetched: 10/21/2026