(a)Usual procedure.(1)General Procedure. Unless a trial by jury has been properly requested, the court will conduct the hearing on the merits of a small claim in a summary manner.(2)Conduct of Hearing.(A) In a nonjury hearing, the court may preside by remote audio or video and require all parties, witnesses, counsel, and other persons to participate by remote audio or video. In advance of the hearing date, participants may request an in-person hearing based on the relevant factors in V.R.C.P. 43.1. The court may grant an in-person hearing based on a consideration of the relevant factors.(B) In a trial by jury, participation by video or audio is governed by V.R.C.P. 43.1.(3) Examination. (3)Examination. All witnesses will testify under oath and will be examined by the judge with the objective of laying out the evidence pertaining to the contentions reasonably available to the parties. The parties or their attorneys may supplement the judge's examination subject to the judge's authority to protect witnesses against unfair imposition and to avoid needless repetition.(4)Findings. The judge shall make findings of fact orally on the record after the close of evidence, state the relevant conclusions of law, and enter a judgment. Alternatively, the judge may take a case under advisement and issue a written decision.(b)Evidence. If the trial is by jury, the Vermont Rules of Evidence apply. If the trial is by court, evidence is admissible if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs, and the Vermont Rules of Evidence are inapplicable except for the rules respecting privilege. (c)Record. Trials will be electronically or stenographically recorded. If no appeal is taken within the prescribed time, the record may be discarded or erased. (d)Representation. Any party is entitled, but not required, to be represented by an attorney. The appearance and withdrawal of attorneys is governed by Rule 79.1 of the Vermont Rules of Civil Procedure. (e)Form of Judgment. A judgment in favor of the plaintiff on a claim, or in favor of the defendant on a counterclaim, may include a provision allowing payment of the judgment in specified installments and will include the filing fees, costs of service of process, and other court costs incurred by the prevailing party. Vt. R. Small. Claims. P. 6
Adopted Mar. 6, 2002, eff. 9/1/2002; amended Sept. 13, 2022, eff. 10/1/2022.Reporter's Notes-2022 Amendment
Rule 6 is amended to incorporate provisions regarding remote hearings for small claims actions and for judicial bureau proceedings. See V.R.C.P. 80.6(d)(4) (making V.R.S.C.P. 6 applicable to judicial bureau proceedings). In response to health concerns related to the COVID-19 pandemic, the Supreme Court declared an emergency in March 2020 and issued Administrative Order 49 making temporary changes to court rules and operations. Under ¶ 5(a), A.O. 49 authorized remote participation by video or audio in the civil division. Under ¶ 5(c), A.O. 49 authorized the hearing officer in judicial proceedings to preside remotely and ordered other persons to participate by remote audio or video.
Remote hearings were very effective in the judicial bureau and the current amendments allow remote proceedings to continue. Existing 6(a) is divided into four paragraphs. New 6(a)(2)(A) provides that in a nonjury hearing, the court may preside remotely and require other persons to participate remotely by either audio or video. It is expected that the hearing notice will notify the parties if the hearing will be remote and provide information on how participants can request an in-person hearing. The court can grant the motion based on its consideration of the relevant factors in V.R.C.P. 43.1. A request for an in-person hearing need not comply with the formal motion requirements of Vermont Rule of Civil Procedure 7, which does not apply in small claims proceedings. V.R.S.C.P. 4. For trial by jury, Rule 6(a)(2)(B) incorporates the procedures in V.R.C.P. 43.1.