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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

stephens v gilmour, No. 24-cv-4273 (Vt. Super. Ct. 2025)

Citation
stephens v gilmour, No. 24-cv-4273 (Vt. Super. Ct. 2025)
Parent Document
stephens v gilmour, No. 24-cv-4273 (Vt. Super. Ct. 2025)
Jurisdiction
Vermont (state)
Effective Date
2025-12-15

Full Text

2,281 chars
Doleszny, 2004 VT 9, at ¶ 34. The Court will grant this request and will incorporate the procedure of
Doleszny into its preliminary jury instructions. The Court will also work with staff to develop a
protocol for how such questions will go on the record in a manner that will look to minimize the
time and delay associated with this process. In allowing this process, the Court does not adopt or
endorse Defendant’s reasoning for the request. Instead, the Court invokes its discretion to allow
such questions because it finds that this request can be managed with the limited number of
witnesses in the parties’ witness lists, the fact-specific nature of the claims, and the apparent lack of
any prejudice from adopting such a process. The request for including juror questions is Granted.
2. Allowing Support Person for M.G. (Motion #23)
Defendant requests permission for a support person, Tracy Stober, to be present in the
Courtroom for Defendant’s daughter M.G. Specifically, Defendant asks that Ms. Stober be
permitted to provide childcare and supervision for M.G. during the trial, to sit in a place where she
can have eye contact with M.G. during M.G.’s testimony, and to accompany M.G. to and from the
Courtroom. Plaintiff does not directly oppose these steps but more generally opposes M.G.’s
testimony. The Court will address those broader issues as they are presented in Plaintiff’s motion in
limine. For the purposes of the present motion, there is no restriction from the Court on Ms.
Stober’s ability to sit with or accompany M.G. throughout the trial with the following clarifications.
First, M.G., as a witness, will likely be sequestered until her testimony. That means she will
have to sit outside the Courtroom until she is called to testify. During that time, Ms. Stober is free
to sit with and accompany M.G. and does not need permission from the Court to do so.
Second, if and when M.G. is called to testify, she will, like all witnesses, be directed to sit in
the witness stand. This seat faces the jury and the public portion of the Courtroom. Ms. Stober is
welcome to sit in the public portion of the Courtroom but may not sit with M.G. or enter the area
where the parties and their attorneys sit. It will be up to Ms. Stober to select a seat in the public