Media Registration and Use of Recording and Transmitting Devices

Effective September 3, 2019, the following applies.

In a Courthouse, any person

• Any person may possess a device and use it nondisruptively
• Any nonmedia person may not, outside a courtroom, use devices to record or transmit images or sound of another person without express consent
• Registered media may orally and visually record and transmit but may not (1) use devices to communicate with a sequestered witness or to record or transmit images or sound of the sequestered witness, (2) record or transmit images or sound of parties and witnesses in confidential proceedings in areas immediately adjacent to the courtroom, (3) record or transmit the jury in areas immediately adjacent to the courtroom, and (4) use devices to record audio or video of conferences between attorney and client (only still images).

In a Courtroom (for public proceedings in civil division, V.R.C.P. 79.2, environmental division, V.R.E.C.P. 3, family division, V.R.F.P. 4.0(a)(2), criminal division, V.R.Cr.P. 53, and probate division, V.R.P.P. 79.2)

Registered Media

• May use devices to orally and visually record public proceedings
• May use devices to transmit (live stream) public proceedings
• Must comply with limits on location and pooling for that courtroom

Participants

• May use devices to audio record proceedings
• May not use devices to video record or transmit

Registered Media and Participants

• May not use devices to communicate orally
• May not operate devices in a manner that emits a distracting sound
• May not use devices to record audio of bench conferences, conferences between co-counsel, or activity during a recess
• May not use devices to record audio or video of conferences between attorney and client (only still images)
• May not use devices to record or transmit activities or images of jurors, except the court may allow images that include the jury on terms that will protect the identity of jurors

Nonparticipants

• May not use devices to communicate orally or to record or transmit audio or video
• May not operate devices in a manner that emits a distracting sound
• May not use devices at all during evidentiary proceedings or when jury is present

Jurors

• May not use devices during jury selection or trial
• May not possess devices while deliberating

Court’s Discretion

• For all or part of a proceeding, the court can permit, prohibit, terminate, limit, or postpone recording or transmitting based on a list of factors
• If the court waives limits of the rules, the court can include restrictions on placement and operation

Effective September 4, 2019, the following applies.

In a Supreme Court courthouse, any person

• May possess devices
• May use devices nondisruptively

In a Supreme Court courtroom

Registered Media

• May use devices to orally and visually record public proceedings
• May use devices to transmit (live stream) public proceedings
• Must comply with limits on location and pooling

Participants

• May use devices to audio and video record and transmit proceedings

Nonparticipants

• May not record or transmit from the galley of the courtroom
• May use devices to orally or visually record, but must comply with limits on location and pooling

Registered Media, Participants, and Nonparticipants

• May not use devices to communicate orally
• May not operate devices in a manner that emits a distracting sound
• May not use devices to record or transmit during a recess or between hearings
• May not use devices to record audio or video of conferences between attorney and client (only still images)

Court’s Discretion

• For all or part of a proceeding, the court can permit, prohibit, terminate, limit, or postpone recording or transmitting based on a list of factors

To record or transmit judicial proceedings, media must register. To register:

• Read the superior court rule and Supreme Court rule regarding recording and transmitting devices and the related administrative order:
  VRCP 79.2 - Possession and Use of Recording and Transmitting Devices
  VRAP 35 - Possession and Use of Recording and Transmitting Devices
  Administrative Order No. 46 - Administrative and Performance Standards For Possession and Use of Recording and Transmitting Devices
• Review the different applications and choose the correct form.
• Submit an application as indicated in the instructions.

There are four different forms. See below for links to the forms and information about the application process.

1. The application for permanent registration allows a media organization or individual to obtain a permanent registration certificate.
2. The application for one-time registration allows media individuals without a permanent registration to obtain permission to record or transmit for a particular day or hearing.
3. The one-time authorization allows an individual, who belongs to a media organization with a permanent registration certificate, to obtain permission to record or transmit for a particular day or hearing.
4. The amendment form allows a media organization or individual to amend an existing permanent registration certificate.

Media that have registered and are authorized to record or transmit are included in this list.

Media policies for individual Vermont courtrooms are available below. You may submit feedback about these policies using the Vermont Courtroom Policies Feedback form.