(a) Scope of Rule. This rule shall be applied to all proceedings in all courts in which video recording equipment is used to record proceedings. Rules not inconsistent with this rule shall remain effective.
Rule 79.3.Video recording of trial court proceedings
Group X: Superior Courts and Clerks; Attorneys · Last amended July 21, 2008 · Last verified July 14, 2026
In one sentenceRule 79.3 governs how courts create and preserve a video recording as the official record of a trial court proceeding, including labeling, retention, deposition use, and public access to the recordings.
Full Text of Rule 79.3
(b) Official Record. The official record of a video recorded trial court proceeding shall consist of two video recordings, recorded simultaneously and labeled “A” and “B.” Upon completion of recording onto a VHS tape, the “A” tape shall be mechanically adjusted to avoid accidental erasure. When recording onto a DVD, a DVD-R disc shall be used to avoid accidental erasure. Each video shall bear a label certifying that it is a full, true, and correct record of the proceedings and bearing an index number assigned in accordance with procedures set forth by the Court Administrator pursuant to an administrative directive. Such label shall be signed and dated by the presiding judge or a designee. Each docket entry shall indicate whether the proceeding was video recorded.
(c) Trial Log. The trial judge or the designee operating the equipment shall keep a written log of proceedings in accordance with procedures set forth by the Court Administrator pursuant to an administrative directive.
(d) Depositions. The official record of a deposition admitted into evidence may be, in the trial judge’s discretion, either the transcript of the deposition or a video recording of the deposition.
(e) Custody and Retention of the Recordings. Video recordings shall be retained in separate locations by the clerk of the court in which the proceedings occurred, and an inventory kept of such recordings by index number and location, all in accordance with an administrative directive. The “B” tape may be erased and recycled three years after the date of the hearing, but only for use as a “B” tape in other proceedings. The “B” DVD-R shall be destroyed and discarded by the custodian three years after the date of hearing.
(f) Video Recording is a Public Record. Video recordings of public proceedings are public records, unless otherwise protected from disclosure by law or by order of the court. Duplicated copies may be ordered at the conclusion of a trial, or at any time by a party. Use of a video recording by a nonparty shall not be inconsistent with the provisions of V.R.C.P. 79.2.
Notes
Reporter’s Notes—Second 2008 Emergency Amendment: The caption of Rule 79.3(f) is amended to correct an inadvertent error in the June 17, 2008 promulgation order.
Reporter’s Notes—First 2008 Emergency Amendment: Rule 79.3 is amended to make clear that the rule applies to all electronically recorded proceedings. Courts now record proceedings on digital video discs (DVD) in addition to videotape. The amendment to Rule 79.3(e) provides new direction on the custody and retention of the DVD.
Reporter’s Notes—2004 Amendment: Rule 79.3 is adopted to make permanent a temporary rule adopted in 1992 and extended from time to time by order of the Court to June 30, 2004. See order of August 19, 2003. The rule is intended to implement the use of videotape recording in all civil and criminal proceedings in the superior, district, and family courts. The rule applies to any court proceeding in, or to any appeal from a judgment entered by, any trial court using videotape equipment to record such court proceeding. V.R.C.P. 79.3 and V.R.Cr.P. 53.1 are adopted simultaneously and are identically worded. The rule deals generally with two kinds of situations—those occurring in the courtroom and relating to the logistics of recording what occurs there, and necessary variations in trial and appellate practice that result from use of a videotape record. Subdivision (a) underscores the relationship between this rule and other applicable rules of civil, criminal and appellate procedure. It is understood that those rules control unless their inconsistency with the present rule is clear and explicit. Subdivision (b) establishes the two videotape copies as the official record of proceedings, and this designation is not superseded by the transcript, whether the transcript is produced in accordance with these rules (see V.R.A.P. 10.1(a)) or at the request of a party. The log will be essential to working with a videotape of court proceedings, and subdivision (c) mandates that a log be kept. Details of this requirement are set forth in the administrative directive. Subdivision (f) makes clear that the use of video in the courtroom as a recording device does not weaken the court’s power to effectively seal a record and reinforces the proscription against misuse set forth in V.R.C.P. 79.2, relating to cameras in the courtroom. The videotape of nonpublic proceedings is not a public record and is not available for viewing by persons without a right of access.
Reporter’s Notes: This Rule is adopted on a temporary basis for a one-year duration to implement the experimental video recording pilots. These amendments shall apply to any court proceeding in, or to any appeal from a judgment entered by, any trial court using videotape equipment to record such court proceeding. On January 21, 1992 the Supreme Court established an Advisory Committee on Implementation of Electronic Court Reporting in Vermont’s Trial Courts. These amendments are a result of the recommendations of this Committee. The Committee has selected the Chittenden Superior Court and the courts that share the Barre Courthouse, i.e., the District Court, the Family Court and the Traffic Bureau as the two court sites to pilot the use of video recording of trial court proceedings on an experimental basis. Procedures for storing and labeling the videotapes, keeping a log of the videotaped proceedings, securing copies of the videotape, and using the appellate work station are governed by a Court Administrator’s directive. The rule is designed to guide proceedings conducted under the experimental program in the trial court and the Supreme Court. It deals generally with two kinds of changes and adjustments—those occurring in the courtroom and relating to the logistics of recording what occurs there, and changes and adjustments in the trial and appellate practice that result from use of a new and different kind of record. While appearing separately in each of Vermont’s rules of procedure (civil, criminal, district court civil) the wording of each rule is identical. Subdivision (a) underscores the relationship between these temporary rules and the permanent rules of civil, criminal and appellate procedure. It is understood that the applicable rules of civil, criminal and appellate procedure will control proceedings in pilot courts, and inconsistency with a temporary rule must be clear and explicit. Subdivision (b) establishes the two videotape copies as the official record of proceedings, and this designation is not superseded by the transcript, whether the transcript is produced in accordance with these rules (see V.R.A.P. 10.1(a)) or at the request of a party. The log will be essential to working with a videotape of court proceedings, and subdivision (c) mandates that a log be kept. Details of this requirement will be set forth in the administrative directive. Subdivision (f) insures that the introduction of video to the courtroom as a recording device will not weaken the court’s power to effectively seal a record and reinforces the proscription against misuse set forth in V.R.C.P. 79.2, relating to cameras in the courtroom. The videotape of nonpublic proceedings is not a public record and is not available for viewing by persons without a right of access. Subdivision (g) establishes the one-year duration of the rule. Participants in this experiment are encouraged to write to the Court Administrator with their comments on, or criticisms of, these procedures at the conclusion of the one year experiment. The Supreme Court will have the opportunity to evaluate, modify or delete all or parts of this rule.
Amendment History
Added Sept. 2, 1992, eff. Sept. 8, 1992; amended December 3, 2003, eff. March 1, 2004; June 17, 2008, eff. June 17, 2008; July 21, 2008, eff. July 21, 2008.
Plain-English Summary
Rule 79.3 applies whenever video recording equipment is used to record a court proceeding, and it fills in the mechanics that a written transcript alone would not need. The official record consists of two recordings made at the same time and labeled "A" and "B" — historically on videotape, now more often on DVD. The "A" copy is protected against accidental erasure, and both copies carry a label certifying that the recording is a full, true, and correct account of the proceeding, signed and dated by the presiding judge or a designee. The docket itself notes whether a given proceeding was video recorded, and the judge or the person operating the equipment keeps a written log of what the recording covers.
The rule also addresses two practical questions that come up once a recording exists. For a deposition offered into evidence, the trial judge may treat either the written transcript or the video recording as the official record, whichever the judge finds more useful in the case. And once a proceeding is over, the clerk of the court where it happened retains the recordings in separate locations and keeps an inventory by index number, with the "B" copy eligible for erasure and reuse — only as another "B" copy — three years after the hearing, and the "B" DVD destroyed on the same three-year timeline.
Video recordings of public proceedings are themselves public records, unless a statute or court order says otherwise, and a party may request duplicate copies at the end of a trial or at any later time. Anyone outside the case who wants to use a recording has to do so consistent with the limits Rule 79.2 places on recording and transmitting devices generally.
Frequently Asked Questions
What counts as the official record when a Vermont court hearing is video recorded?
Two recordings made simultaneously, labeled "A" and "B." The "A" copy is protected against accidental erasure, and each copy carries a label certifying it as a full, true, and correct record, signed and dated by the presiding judge or a designee.
Can a video recording of a deposition be used instead of a transcript?
Yes. Rule 79.3(d) leaves it to the trial judge's discretion whether the official record of a deposition admitted into evidence is the written transcript or the video recording of it.
How long does the court keep the video recording of a proceeding?
The clerk of the court where the proceeding occurred retains the recordings in separate locations with an inventory by index number. The "B" tape may be erased and recycled — only for use as a "B" tape in another proceeding — three years after the hearing, and a "B" DVD-R is destroyed on that same three-year schedule.
Are video recordings of court proceedings available to the public?
Yes. Video recordings of public proceedings are public records unless protected from disclosure by law or court order. Duplicated copies can be ordered at the end of a trial, or by a party at any later time.
Can someone outside the case get and use a copy of a court's video recording?
Rule 79.3(f) states that use of a video recording by a nonparty must be consistent with Rule 79.2, which sets separate limits on recording and transmitting devices in courthouses and courtrooms.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
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