The provisions of the Vermont Rules of Civil Procedure govern discovery in probate proceedings, except that discovery may be obtained only upon order of the judge after notice and hearing and Vermont Rule of Civil Procedure 35(b)(2) shall not apply in the probate courts. The judge may order discovery only upon a finding that the requested discovery would not be unduly burdensome or expensive, taking into account such factors as the needs of the case, the amount in controversy, limitations on the parties' resources and the importance of the issues at stake in the litigation. Whenever the Vermont Rules of Civil Procedure use the term "presiding judge," "judge" or "court," it shall be understood to mean "probate judge."
Vt. R. Prob. P. 26