| Consolidated Amendments to Electronic Filing, Case Records Dissemination, Appellate, and Civil Rules | | Vermont Rules for Electronic Filing
[Adopted as Emergency Rules on August 17, 2010; Amended on October 20, 2010, December 14, 2010, February 23, 2011; March 22, 2011]
Emergency amendments made permanent on August 30, 2011, effective October 31, 2011
Further Amendments to Rules 3(f) and 10(a) adopted on August 30, 2011; eff. October 31, 2011
| Consolidated | | | | | | Deb Laferriere | 11/2/2011 9:31 |
| Promulgated Emergency Amendment to A.O. 41, §§ 1 and 5 | | The amendments to §§ 1 and 5 add $10.00 to the bi-annual licensing fees for those attorneys who use the online licensing service and $20.00 to the bi-annual licensing fees for those attorneys who do not use the online licensing service. The $10.00 fee reflects the additional cost of processing attorney licensing electronically, which includes credit card and Automated Clearing House (ACH) processing fees as well as the internet portal service provider fee. The $20.00 fee reflects the additional cost of hiring a temporary employee during the relicensing period to process attorney licensing forms and payment through the postal service.
| Promulgated | | March 31, 2010 | May 1, 2010 | 52 | | Deb Laferriere | 9/1/2011 14:35 |
| Emergency Amendments to Rules Governing Qualification, List, Selection and Summoning of All Jurors | | These emergency amendments to the Rules Governing Qualification, List, Selection and Summoning of all Jurors streamline and improve the efficiency of jury management by eliminating a duplicative step. The amended procedure will enable the Judiciary to conserve resources, lower costs, and make the changes necessary to implement a technology-based jury management system. The new procedure will also reduce the inconvenience to citizens by lowering the number of people who must complete questionnaires and providing the framework for questionnaires to be completed electronically as well as manually. | Promulgated | | May 24, 2011 | June 2, 2011 | 82 | | Deb Laferriere | 9/1/2011 14:35 |
| Order Promulgating Amendment to § 3 of the Rules for Mandatory Continuing Legal Education | | After continuing difficulties with the administration of the professionalism requirement, the Mandatory Continuing Legal Education Board unanimously recommended to the Court to amend § 3(b), striking the two-hour professionalism credit requirement. Rule 3(b) will continue to allow for general CLE credit for courses related to professionalism. Rule 3(c) has been eliminated as it is no longer applicable. | Promulgated | | May 24, 2011 | July 24, 2011 | 81 | | Deb Laferriere | 6/3/2011 9:16 |
| Order Promulgating Emgergency Repeal of Administrative Order No. 30 | | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the provisions of Act NO. 154 (Adj. Sess. 2009), § 30(a), Administrative Order No. 30 dealing with the location of the family court is repealed. | Promulgated | | July 1, 2010 | July 1, 2010 | 56 | | Deb Laferriere | 3/28/2011 12:25 |
| Order Promulgating Amendment to A.O. 20 | | A.O. No. 20 has been amended to clarify an ambiguity with respect to voting rights in the Order as originally adopted and to correct gender references. | Promulgated | | September 22, 2010 | November 22, 2010 | 66 | | Deb Laferriere | 3/28/2011 12:27 |
| Administrative Order No. 18 Amendments | | Amendments to Duties of Administrative Judge | Promulgated | | February 7, 2011 | February 7, 2011 | 75 | | Deb Laferriere | 3/28/2011 12:28 |
| Order Promulgating Vermont Rules for Electronic Filing as Emergency Rules and Promulgating Emergency Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules for Dissemination of Electronic Case Records | | The Vermont Rules for Electronic Filing were adopted as emergency rules to provide a framework for the initiation of the Judiciary’s eCabinet electronic filing system in the Superior Court Civil Division for the Rutland and Windsor county units on October 18, 2010. Conforming emergency amendments to affected provisions of Vermont Rules of Civil Procedure and Rules for Dissemination of Electronic Case Records are being adopted simultaneously.
The use of eCabinet will be permissive for most Rutland and Windsor civil dockets in all cases filed between October 18, and December 6, 2010. Use of the system will be mandatory, with certain exceptions provided in Rule 2, in all cases on those dockets filed on or after December 6, 2010. It is anticipated that use of the system will be permissive in the remaining county units of the Civil Division in all cases on those dockets filed on or after December 6, 2010, and mandatory in those units in all cases on those dockets filed on or after February 7, 2011.
| Promulgated | | August 17, 2010 | October 1, 2010 | 63 | | Deb Laferriere | 1/4/2012 7:22 |
| Administrative Order No. 43 - Preservation and Storage of Search Warrant Records | | This Order provides that Court records required and stored under 4 V.S.A. § 740 include records of search warrant requests that are not granted and records of search warrant requests that are granted as of the time that the judge issues the search warrant. While this administrative order establishes the proper policy, the Advisory Committee on the Rules of Criminal Procedure is requested to propose to the Court amendments to Rule 41 of the Vermont Rules of Criminal Procedure to implement the procedure. | Promulgated | | January 20, 2012 | January 20, 2012 | 96 | | Deb Laferriere | 1/24/2012 8:11 |
| Order Promulgating Emergency Repeal of Administrative Order No. 2 | | Pursuant to the Vermont Constitution, Chapter II, Sections 30,31, and 37, and the provisions of 4 V.S.A § 30(a), Administrative Order No. 2 dealing with the organization fo the former District Court is repealed. | Promulgated | | July 1, 2010 | July 1, 2010 | 55 | | Christine Loso | 7/2/2010 11:43 |
| Order Promulgating Amendments to Rules 12, 13 and 18 of A.O. 9 | | These amendments provide a clear and concise method regarding access to disciplinary information in proceedings for interim suspension. | Promulgated | | August 31, 2011 | October 31, 2011 | 86 | | Deb Laferriere | 9/1/2011 14:27 |
| Order Promulgating Emergency Amendments to Administrative Order No. 12 | | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the provisions of 4 V.S.A § 30(b), Administrative Order No. 12 is amending Rule Establishing Units and Terms of the Unified Superior Court as constituted by 4 V.S.A § 30(a) | Promulgated | | July 1, 2010 | July 1, 2010 | 54 | | Christine Loso | 7/2/2010 11:43 |
| Order Promulating Amendments to the Rules of the Supreme Court for the Disciplinary Control of Judges | | These amendments promulgated on December 21, 2010, effective February 21, 2011, address concerns of the Judicial Conduct Board regarding the procedural rules applicable to its work. | Promulgated | | December 21, 2010 | February 21, 2011 | 72 | | Deb Laferriere | 3/28/2011 12:29 |
| Emergency Amendments to Vermont Rules of Probate Procedure 5(g), 84 and Abrogating the Appendix of Forms to those Rules | | The emergency amendment to Rule 5(g) deletes the final sentence requiring use of the forms in the Appendix of Forms unless otherwise permitted by the Court. The emergency amendment to Rule 84 states that the new practice will be that the Chief Administrative Judge will adopt, publish, and make available forms that may be used for particular purposes. Furthermore, the amendment abrogates the Appendix of Forms appended to the Vermont Rules of Probate Procedure. | Promulgated | | June 21, 2011 | July 15, 2011 | 83 | | Deb Laferriere | 11/2/2011 9:31 |
| Order Promulgating Amendment to A.O. 9, Rule 12.F. | | This amendment, promulgated on December 21, 2010, effective February 21, 2011, allows complainants and respondents to disclose to anyone if a complaint has been filed and what the disposition, if any, of the complaint was. | Promulgated | | December 21, 2010 | February 21, 2011 | 71 | | Deb Laferriere | 1/4/2012 7:33 |
| Order Promulgating Amendments to Rule 1.15B(d) and (e) of the Vermont Rules of Professional Conduct | | This amendment, promulgated on December 21, 2010, and effective February 21, 2011, modernizes and clarifies Rules 1.15B(d) and (e) by making clear that depositary institutions must notify Disciplinary Counsel, rather than the Board, not only when an instrument presented against insufficient funds is honored or dishonored, but whenever any transaction—whether electronic, paper, wire, or other—causes an overdraft to an attorney trust account. | Promulgated | | December 21, 2010 | February 21, 2011 | 70 | | Deb Laferriere | 3/31/2011 14:05 |
| Order Promulgating Emergency Amendments to the Vermont Rules for Electronic Filing and the Vermont Rules for Dissemination of Electronic Case Records and Continuing Those Rules and Prior Amendments to Them and the VRCP as Emergency Rules and Amendments | | The Court’s Special Advisory Committee on Rules Governing an Electronic Case File and Electronic Filing, and its Advisory Committee on Rules Governing Public Access to Court Records, reported to the Court pursuant to § 7 Administrative Order No. 11, with a summary of all comments received and recommendations for amendments on the Vermont Rules for Electronic Filing that were adopted as emergency rules by Order of August 17, 2010, effective October 1, 2010. By Order dated October 20, 2010, the rules have been amended and will continue as emergency rules until further order. The Committees have been directed to report to the Court on a continuing basis concerning any changes to these rules and amendments made necessary by experience in practice under them.
| Promulgated | | October 20, 2010 | October 20, 2010 | 67 | | Deb Laferriere | 3/28/2011 12:33 |
| PromulgatedEmergency Amendments to Vermont Rules of Civil, Criminal, Appellate and Small Claims Procedure and the Vermont Rules for Family and Environmental Court Proceedings | | These emergency amendments implement Act 154 of 2009, § 7 (Adj. Sess.), An Act Relating to Restructuring of the Judiciary, effective July 1, 2010, which enacted 4 V.S.A. § 30 establishing a single Superior Court of statewide jurisdiction with Civil, Criminal, Family, and Environmental divisions to replace the former Superior, District, Family and Environmental courts. | Promulgated | | July 1, 2010 | July 1, 2010 | 61 | | Deb Laferriere | 3/28/2011 12:34 |
| Order Promulgating Emergency Amendments to Administrative Order No. 14 | | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the provisions of 4 V.S.A § 30 (b), Administrative Order No. 14 is amended to read the Appellate and Administrative Responsibilities of the Supreme Court. | Promulgated | | July 1, 2010 | July 1, 2010 | 58 | | Deb Laferriere | 3/28/2011 12:35 |
| Order Promulgating Emergency Amendments to Administrative Order No. 18 | | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the statutory amendments set forth in Act NO. 154 (Adj. Sess. 2009) relating to restructing of the judiciary, Administrative Order No. 18 is amended as it pertains to the Administrative Judge for the Trial Courts. | Promulgated | | July 1, 2010 | July 1, 2010 | 57 | | Deb Laferriere | 3/28/2011 12:37 |
| Promulgated Emergency Amendments to Vermont Code of Judicial Conduct, Administrative Order No. 10 | | This emergency amendment promulgated on January 31, 2011, is effective immediately. The emergency amendment to Section B(2) maintains on an interim basis the existing ethical standards governing the right of probate judges to practice law in all divisions of the newly consolidated superior court, except for the probate division, which becomes incorporated into the superior court as of February 1, 2011. The emergency amendment to Section B(3) clarifies the ambiguous use of “court” in the first clause of the prior rule by making clear that the purpose is to prohibit the use of official space in which the judges carries out judicial functions as space which the judge may use for the practice of law.
| Promulgated | | January 31, 2011 | January 31, 2011 | 74 | | Deb Laferriere | 9/1/2011 14:37 |
| Order Promulgating Emergency Amendments to the Vermont Rules for Electronic Filing and the Vermont Rules for Dissemination of Electronic Case Records and Continuing Those Rules and Prior Amendments to Them as Emergency Rules and Amendments | | Order Promulgating Emergency Amendments to the Vermont Rules for Electronic Filing and the Vermont Rules for Dissemination of Electronic Case Records and Continuing Those Rules and Prior Amendments to Them as Emergency Rules and Amendments; Promulgated 2/23/11; effective 3/23/11 | Promulgated | | February 23, 2011 | March 23, 2011 | 76 | | Deb Laferriere | 3/28/2011 12:36 |
| Order Promulgating Emergency Amendment to Administrative Order No. 13 | | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the provisions of 4 V.S.A §§ 30 and 73, Administrative Order No 13. dealing with the division of the district, superior, and family courts into geographic divisions and the assignment of judges to those divisions. | Promulgated | | July 1, 2010 | July 1, 2010 | 59 | | Deb Laferriere | 3/28/2011 12:36 |
| Order Promulgating Emergency Amendments to the Vermont Rules for Electronic Filing | | Rule 1(a)(1) applies to all civil actions and proceedings commenced in the Superior Court, Civil Division, Rutland and Windsor units, except small claims actions, small claims appeals, and stalking and sexual assault actions. Electronic filing is permitted in all cases commenced between October 18, 2010 and January 25, 2011, and electronic filing will be required in all cases commenced on or after January 26, 2011.
| Promulgated | | December 14, 2010 | December 14, 2010 | 70 | | Deb Laferriere | 1/4/2012 7:21 |
| Amendments to Administrative Order No. 41 §§ 1 and 5 Made Permanent | | The Emergency Amendments to A.O. 41 promulgated on March 31, 2010, effective May 1, 2010 have been made permanent. | Promulgated | | November 23, 2010 | November 23, 2010 | 69 | | Deb Laferriere | 3/28/2011 12:55 |
| Order Promulgating Emergency Amendment to Rule 7(2) | | Pursuant to Chapter II, Sections 30, 31, and 37 of the Vermont Constitution and Administrative Order No. 11, it is hereby ordered that Rule 7(2) of the Rules of the Supreme Court for Disciplinary Control of Judges is hereby extended until November 1, 2010. | Promulgated | | July 1, 2010 | July 1, 2010 | 60 | | Deb Laferriere | 3/28/2011 12:41 |
| Emergency Order Promulgating Amendment to Rule 7(2) of the Rules of Supreme Court for Disciplinary Control of Judges | | This Emergency Order, promulgated on October 20, 2010, effective on November 1, 2010, extends Rule 7(2) of the Rules of the Supreme Court for Disciplinary Control of Judges until January 1, 2011. | Promulgated | | October 20, 2010 | November 1, 2010 | 68 | | Deb Laferriere | 3/28/2011 12:42 |
| Promulgated Emergency Amendment to Rules of Appellate Procedure 33.1 | | The emergency amendments to Rule 33.1 of the Vermont Rules of Appellate Procedure make clear that in a case to be considered by a three-justice panel, the matter will be deemed submitted on the briefs if no party requests oral argument. The new rule also provides that oral argument is limited to five minutes per side unless the Court allows more time. The new subdivision also allows litigants to present oral argument by video conference in matters before three justice panels. The rule clarifies that inmates may present argument via telephonic conference as a right and all others by permission. The rule is effective immediately. | Promulgated | | July 15, 2010 | July 15, 2010 | 62 | | Deb Laferriere | 1/4/2012 7:23 |
| Emergency Amendments to V.R.Cr.P. 18(a)(b) and (c) | | These amendments seek to eliminate circumstances under which defendants may be incarcerated for longer than necessary pending transport to the court of the initiating unit, where prompt hearing is available in the unit of their detention following arrest.
Comments on these emergency amendments should be sent to the Chair of the Advisory Committee on the Rules of Criminal Procedure by February 24, 2012. The Chair can be reached by U.S. mail or email at the following address(es):
P. Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT 05055-0909
smcgee@hcsmlaw.com
| Promulgated | | December 21, 2011 | December 21, 2011 | 92 | | Deb Laferriere | 1/4/2012 7:17 |
| Order Promulgating Emergency Amendments to Rule 5 of the Vermont Rules for Electronic Filing and to Rules 28 and 30 of the Vermont Rules of Appellate Procedure | | These emergency amendments promulgated on March 22, 2011, are effective March 23, 2011. V.R.E.F. 5 is amended to set forth the proper procedure for filing a notice of appeal to the Supreme Court. V.R.A.P. 28(d) is amended to accommodate appeals from electronically filed cases by eliminating the printed case in an appeal from such a case. V.R.A.P. 30 is amended to clarify that for appeals with an electronic case record, no printed case is required. | Promulgated | | March 22, 2011 | March 23, 2011 | 78 | | Deb Laferriere | 3/28/2011 12:45 |
| Order Promulgating Emergency Amendments to the Vermont Rules of Probate Procedure | | These amendments implement Act 154 of 2009, § 7a (Adj. Sess.), An Act Relating to Restructuring of the Judiciary, which enacted 4 V.S.A. § 30(a)(1)(E) adding the Probate Division to the single Superior Court of statewide jurisdiction, effective February 1, 2011.
These emergency amendments promulgated on February 24, 2011, are effective immediately.
| Promulgated | | February 24, 2011 | February 24, 2011 | 77 | | Deb Laferriere | 3/28/2011 12:35 |
| Order Extending or Making Permanent Emergency Amendments to V.R.C.P. 80.1 | | The emergency amendment to Rule 80.1(b)(3) of the Vermont Rules of Civil Procedure has been extended for an additional two years. The amendment requires a notice informing defendants in residential foreclosure cases of free resources available to assist them in trying to arrange to keep their homes, or, where appropriate, make the most favorable arrangements for selling the homes and paying off the debt. This amendment will take effect on January 1, 2012; and is extended until December 31, 2013.
The emergency amendment to Rule 80.1(g)(2) has been made permanent. The rule provides additional protections for foreclosure defendants. This amendment will become effective on February 20, 2012.
| Promulgated | | December 21, 2011 | February 20, 2012 | 94 | | Deb Laferriere | 1/4/2012 7:32 |
| Order Promulgating Amendments to §§ 3(b), 4(a), 6(b), (c) and (d), 7(b) and 8(b) of the Rules for Mandatory Continuing Legal Education | | The amendments to §§ 3(b) and 4(a)(1) address the issue of accessibility to quality professionalism courses while respecting the underlying intent and objective of the rule: to create a forum in which legal professionals explore and reflect on the meaning and goals of professionalism in contemporary legal practice. The requirement in Rule 3 that professionalism courses be “face to face” was eliminated, and replaced by the option of attending via “teleconference, interactive television or on-line.” Rule 4(a)(1) was further amended to make it clear that, in order to qualify as “live” credit, the instructor and attendees must be able to participate and interact simultaneously, in real time.
The amendments to §§ 6 (b), (c) and (d) and 7(b) improve efficiencies during the relicensing period of attorneys by removing the requirement that the form which indicates compliance with the Continuing Legal Education Rules be in the form of an affidavit. This will allow for on-line continuing legal education reporting.
The amendment to § 8(b) clarifies the intent that the twenty hours required for reinstatement to active status must include the categories and restrictions of the standard reporting requirements in §§ 3 and 4 of the Rules for Mandatory Continuing Legal Education.
| Promulgated | | March 31, 2010 | May 31, 2010 | 51 | | Deb Laferriere | 3/28/2011 12:34 |
| Order Promulgating Amendment to § 2 of the Rules for Mandatory Continuing Legal Education | | This amendment sets term limits for members of the Mandatory Continuing Legal Education Board. | Promulgated | | May 24, 2011 | May 31, 2011 | 80 | | Deb Laferriere | 6/3/2011 9:12 |
| Order Promulgating Amendments to V.R.F.P., V.R.A.P and A.O. 4 | | The emergency amendments to V.R.F.P. 1-3, 6 and 12 and V.R.A.P. 3(d), 8(c)(2), 10(b)(7), 26(b) and (d) and A.O. No. 4 have been made permanent. | Promulgated | | February 24, 2010 | April 26, 2010 | 50 | | Deb Laferriere | 3/28/2011 12:55 |
| Order Promulgating Amendments to § 11 of the Rules of Admission to the Bar | | The amendments to Rule 11 address certain perceived inefficiencies in the decision making and appeal process governing proceedings before the Character and Fitness Committee. The amendments establish a hearing and appeal process modeled on those utilized by the Judicial Conduct Board and Professional Responsibility Board.
| Promulgated | | March 29, 2011 | May 31, 2011 | 79 | | Deb Laferriere | 3/31/2011 13:58 |
| Order Promulgating Amendments to the Vermont Rules of Probate Procedure and Forms and A.O. 18 | | The emergency amendment of V.R.P.P. 77(d) allowing the Supreme Court to provide for methods of notice by the register which reduces the cost of service, promulgated by the Court on December 17, 2008, effective January 1, 2009, has been made permanent.
V.R.P.P. 80.8 has been added to implement the grant of jurisdiction to the probate courts in 4 V.S.A. § 311, as amended by Act 135 of 2001 (Adj. Sess.), § 1, over “accountings of attorneys in fact where no guardian has been appointed and the agent has reason to believe the principal is incompetent.”
The emergency amendment of V.R.P.P. Form 72 originally adopted to implement amendments of 14 V.S.A., ch. 111, enacted by Act 186 of 2007 (Adj. Sess.), effective July 1, 2008, has been made permanent. The form has been further revised to substitute the statutory citation for the amount of the entry fee, rather than the specific amount; to add a statement advising the petitioner of the requirement to obtain consents for background checks; and to clarify that Attachment 5 consists of the signed consent forms.
V.R.P.P. Form 74 has been amended to conform the list of powers requested by the petitioner to those requested by a petitioner for a guardian for an adult person in Form 72, which reflect recent statutory amendments.
The emergency amendment of V.R.P.P. Form 80, originally adopted to implement amendments to 14 V.S.A., ch. 111, enacted by Act 186 of 2007 (adj. Sess.), which took effect July 1, 2008, has been made permanent. The form has been further revised to make clear that the guardian’s account must be rendered annually and at any other time required by the court.
The emergency amendment to A.O. 18 to establish a mechanism for the Administrative Judge to designate which probate judge will be assigned to perform the duties of an incapacitated probate judge, promulgated on January 13, 2009, effective on that date, has been made permanent.
| Promulgated | | August 17, 2010 | October 18, 2010 | 64 | | Deb Laferriere | 3/28/2011 12:45 |
| Order Promulgating Amendments to Vermont Rules of Criminal and Appellate Procedure and A.O. 41 | | The amendment to V.R.Cr.P. 3(c)(9) conforms the rule to provisions regarding abuse of vulnerable adults for conformity with the language of legislative changes recodified in Title 13, Chapter 28, adopted in Acts 2005, No. 79.
The amendments adding V.R.Cr.P. 26(e) and V.R.A.P. 10(b)(8) provide a procedure that will ensure accurate identification of portions of audio and video recordings actually presented to the fact-finder at trial, as asked by the Supreme Court in State v. Lee, 2008 VT 128, paragraph 9.
The amendment to V.R.Cr.P. 32(c)(4) brings the rule into conformance with a 1999 legislative change to 13 V.S.A. § 5231.
The amendment of V.R.Cr.P. 41 reorganizes the present rule, extends its present provisions concerning issuance of warrants by fax to include other electronic means, and adds provisions for warrants to monitor conversations.
The amendments of V.R.Cr.P. 44.2(b) and the adding of § 13A of A.O. 41 permit nonresident attorneys clerking or employed as government attorneys to appear in all actions assigned by the supervising attorney on the basis of a single motion.
| Promulgated | | September 22, 2010 | November 22, 2010 | 65 | | Deb Laferriere | 3/28/2011 12:56 |
| Order Promulgating Amendments to the Vermont Rules of Civil Procedure and Appellate Procedure | | The amendment to Rule 5(g) permits continued inclusion of a social security number in a document where it is required by federal law. In particular, retirement fund administrators might decline to honor an instrument such as a Qualified Domestic Relations Order (QDRO) in which the litigants’ social security numbers have been redacted as required by V.R.C.P. 5(g) in the absence of a specific request from the court.
The amendment to Rule 45(f) is added to incorporate the provisions of the Uniform Interstate Depositions and Discovery Act (UIDDA), with modifications appropriate to Vermont practice.
The amendment to Rule 45(f)(1) makes clear that the purpose of the rule is to provide litigants in a proceeding in another state to use the procedures of the Vermont rules to obtain the forms of discovery covered by the rule.
The amendment to Rule 45(f)(2) contains the definitions set forth in UIDDA § 2. Note that the definition of “foreign subpoena” in subparagraph (B) limits the applicability of the rule to subpoenas “issued under the authority of a court of record,” thus excluding subpoenas issued by other tribunals such as administrative agencies or boards of arbitration. Cf. UIDDA § 3, cmt. Note also that the definition of “subpoena” includes a subpoena duces tecum and an order to permit inspection of premises but does not include an order to appear for a physical examination.
The amendment to Rule 45(f)(3) is based on UIDDA § 3, with variations to adapt the rule to Vermont practice.
The amendment to Rule 45(f)(4) is based on UIDDA § 4, with variations to adapt the rule to Vermont practice and to eliminate any requirement of a return to the issuing court.
The amendment to Rule 45(f)(5) adapts UIDDA § 5 to the provisions of the Vermont rule.
The amendment to Rule 45(f)(6) adapts UIDDA § 6 to the provisions of the Vermont rule.
The amendment to Rule 80.5(j) substitutes a more functional standard of review based on the language of V.R.A.P. 5(b).
The amendment to Rule 25(a)(2) is added to include in the Vermont Rules of Appellate Procedure a requirement like that that of V.R.C.P. 5(g), as simultaneously amended, and V.R.Cr.P. 49(c) (incorporating the Civil Rule) that social security numbers must be redacted from any paper to be filed unless otherwise requested by the Supreme Court or required by law. The number must be redacted from a paper in the printed case even if the number was requested by the trial court, and included in the trial court filing, unless the Supreme Court requests the number or it is required by law.
| Promulgated | | August 31, 2011 | October 31, 2011 | 87 | | Deb Laferriere | 9/2/2011 9:43 |
| Order Promulgating Amendments to V.R.C.P. 62 and V.R.E.C.P. 3(9) and (10) | | The amendment to V.R.C.P. 62(a) provides consistency with 12 V.S.A. § 4854, as amended by Act 176 of 2007 (Adj. Sess.), § 52. The amendments to V.R.E.C.P. 3(9) and (10) renumber the current Rule 3(9) and add a new Rule 3(9) to encompass municipal actions authorized by 24 V.S.A. § 4455, added by Act 54 of 2009, § 47, to revoke land use permits where the terms of the permit have been violated or the permit was obtained based on a misrepresentation of material facts. | Promulgated | | May 20, 2010 | July 26, 2010 | 53 | | Deb Laferriere | 6/3/2010 15:45 |
| Order Promulgating Amendments to Vermont Rules of Civil Procedure 8(c), 16.3(g), 26, 56 and 69 and Vermont Rules of Professional Conduct 1.10 and its Comment and Comment [8] to Rule 1 | | The amendments to V.R.C. P. 8(c) and 56 conform those rules to recent amendments to the Federal Rules of Civil Procedure. V.R.C.P. 26(b)(4)(A)(iii) was added to make clear that a retained or specially or regularly employed expert’s final report and supporting exhibits, if not protected by new subparagraph (C), may be obtained by an opposing party through a request for production or a subpoena duces tecum. The amendments to V.R.C.P. 26(b)(4)(B-)(E) were amended or added to adapt Vermont practice to December 2010 amendments of the federal rule. The amendment to V.R.C.P. 16.3(g) conforms the rule to provisions of the Uniform Mediation Act. The amendment to V.R.C.P. 69 provides for consistency with 12 V.S.A. § 506. An amendment to Rule 1.10 of the V.R.Pr.C. adapts a recent amendment to ABA Model Rule 1.10 to permit screening of lawyers joining a firm to avoid conflicts in certain matters. | Promulgated | | November 22, 2011 | January 23, 2012 | 89 | | Deb Laferriere | 11/30/2011 14:43 |
| Emergency Order Promulgating Amendments to Rule 80.1 of the Vermont Rules of Civil Procedure | | These emergency amendments promulgated on December 21, 2010, effective immediately, relate to foreclosure of mortgages and judgment liens. | Promulgated | | December 21, 2010 | December 21, 2010 | 73 | | Deb Laferriere | 3/28/2011 12:58 |
| Order Promulgating Amendments to V.R.Cr.P 16, 18, 24, and 32 | | The amendment to V.R.Cr.P. 16(c) exempts law enforcement officers who have participated in an investigation from the rule limiting prosecution access to witnesses first included on a defense witness list.
The amendment to V.R.Cr.P. 18(b) is added to require prosecution of pre-trial release violations in the county or circuit of the court that imposed the conditions of release unless defendant is charged with a new offense.
The amendment of V.R.Cr.P. 24(d) adds language permitting the court to retain alternate jurors after the jury retires in order to ensure the availability of a sufficient number of jurors if a sitting juror is unable to complete deliberations.
The amendments to V.R.Cr.P. 32(a) and (b) eliminate gender references and permit the clerk to sign a judgment reflecting the court’s ruling from the bench.
The amendment to V.R.Cr.P. 32(c) provides defense attorneys notice and an opportunity to attend PSI interviews of the defendant. | Promulgated | | February 24, 2010 | April 26, 2010 | 49 | | Deb Laferriere | 3/28/2011 12:51 |
| Order Promulgating Amendments to Rules of Evidence 404(a)(1)(2) and 606(b) | | The amendments to Vermont Rules of Evidence 404(a)(1) and (2) relate to the admissibility of character evidence to prove conduct. The V.R.E. 606(b) amendment strikes language to make the rule easier to read and provides that juror testimony may be utilized to prove that the verdict reported was the result of a mistake in entering the verdict on the verdict form. | Promulgated | | October 25, 2011 | December 27, 2011 | 88 | | Deb Laferriere | 11/2/2011 8:53 |
| Order Promulgating Amendments to Rule 510 of the Vermont Rules of Evidence | | The amendments are based upon F.R.E. 502 adopted by Congress in 2008. The amendments harmonize state and federal practice. | Promulgated | | November 22, 2011 | January 23, 2012 | 90 | | Deb Laferriere | 11/30/2011 14:55 |
| Order Making Permanent & Further Amending the Vermont Rules for Electronic Filing & Emergency Amendments to those Rules & Making Permanent Certain Emergency Amendments to the VRCP & VRAP & the Rules Governing Dissemination of Electronic Case Records | | The Vermont Rules for Electronic Filing, adopted as emergency rules on August 17, 2010, and emergency amendments to those Rules adopted on October 20, 2010, December 14, 2010, February 23, 2011, and March 22, 2011, have been made permanent and Rules 3(f) and 10(a) of those Rules have been further amended. | Promulgated | | August 31, 2011 | October 31, 2011 | 85 | | Deb Laferriere | 9/2/2011 9:39 |
| V.R.F.P. 4(b)(2)(B), 4(g)(1), 9(a)(3), 15, 17 | | Amendments to Rule 4(b)(2)(B), Rule 4(g)(1), Rule 9(a)(3),
Rule 15, and Rule 17. | Promulgated | | December 10, 2009 | February 12, 2010 | 45 | | Deb Laferriere | 3/28/2011 12:57 |
| Order Promulgating Amendments to the Code of Judicial Conduct Canon 5A(3) and Making Permanent Emergency Amendment of Section B fo A.O. 10, "Application of Code of Judicial Conduct" | | The amendment to Canon 5A(3) of the Vermont Code of Judicial Conduct is consistent with the language of 4 V.S.A. § 278(a), as added by Act 154 of 2009 (Adj. Sess.), § 17a, effective June 3, 2010, providing that an assistant judge or candidate for that office may run for the office of probate judge and, if elected to both offices, may serve in both.
The emergency amendment of Section B of the “Application of the Code of Judicial Conduct” portion of the Vermont Code of Judicial Conduct, Administrative Order No. 10 has been made permanent.
| Promulgated | | December 21, 2011 | February 20, 2012 | 93 | | Deb Laferriere | 12/22/2011 14:14 |
| Order Promulgating Amendments to Rule 17(a) of the Vermont Rules of Probate Procedure | | These amendments provide consistency with the provisions of the Vermont Trust Code, 14A V.S.A. §§ 101-1204, enacted by Act 20 of 2009. | Promulgated | | November 22, 2011 | January 23, 2012 | 91 | | Deb Laferriere | 11/29/2011 15:40 |
| Order Promulgating Amendments to Vermont Rules of Probate Procedure | | The amendments to V.R.P.P. 3, 13, 60.1, 66, 67 and 80.6 conform the rules to the Vermont Trust Code, 14A V.S.A. §§ 101-1204, enacted by Act 20 of 2009, § 1.
The amendments to V.R.P.P. 13 conform the rule to 14 V.S.A. ch. 42, enacted by Act 55 of 2009, § 5, to replace 14 V.S.A., chs. 41-45.
Rule 80.6(a)(1) is amended to make it consistent with the 2011 amendment to Rule 84 which transfer the responsibility for form creation and approval to the Administrative Judge for Trial courts. The amendments to V.R.P.P. 80.6(a)(2) and (3) are amended to implement the requirement of 15 V.S.A. § 817, enacted by Act 58 of 2009, § 12, that the probate court request information from the Department of Public Safety as to whether a petitioner for name change is listed on the sex offender registry and allow the Department to appear if the petitioner is listed.
| Promulgated | | June 21, 2011 | August 22, 2011 | 84 | | Deb Laferriere | 11/2/2011 9:31 |
| Order Making Permanent Emergency Amendments to Rules 5(g) and 84 of the Vermont Rules of Probate Procedure and the Abrogation of the Appendix of Forms to those Rules | | The emergency amendments to Rules 5(g) and 84 of the Vermont Rules of Probate Procedure and the Abrogation of the Appendix of Forms to those Rules have been made permanent. | Promulgated | | December 21, 2011 | February 20, 2012 | 95 | | Deb Laferriere | 1/4/2012 7:33 |
| Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct | | Proposed Comment [3] would be added to Rule 4.1 to address concerns expressed by government lawyers that the Supreme Court’s decision in In re PRB Docket No. 2007-046, 2009 VT 115, 187 Vt. 35, 989 A.2d 523, might be understood as affecting the traditional use of deception as an investigative mechanism in the enforcement of criminal or other laws.
The comment period ended on August 26, 2011. | Proposed | August 26, 2011 | | | 27 | | Deb Laferriere | 12/1/2011 7:37 |
| Proposed Amendments to Rules 80.3(a) and (d) of the Vermont Rules of Probate Procedure | | The proposed amendments to Rules 80.3(a) and (d) of the Vermont Rules of Probate Procedure would provide consistency with amendments to 14 V.S.A. §§ 1901-1903 enacted by Act No. 75 of 2009 (Adj. Sess.). That legislation simplified the requirements of inventory, eliminated the requirement of sureties and gave the court discretion as to the amount of the bond for the payment of funeral expenses, and added a finding of a surviving parent or parents but no spouse or child to the circumstances in which the court may grant administration and issue letters without further notice or bond.
The comment period ended on August 26, 2011.
| Proposed | | | | 28 | | Deb Laferriere | 12/1/2011 7:38 |
| Proposed Amendment to § 6(a) of the Rules for Mandatory Continuing Legal Education | | The proposed amendment to § 6 would allow credit for the continuing legal education courses completed as a requirement for admission without examination under § 7 of the Rules of Admission to the Bar of the Vermont Supreme Court. The credit may be counted toward an admitted attorney’s continuing legal education requirement of twenty hours during their first reporting period.
Comments on these proposed amendments should be sent to the Chair of the Board of Mandatory Continuing Legal Education Board by February 24, 2012. The Chair can be reached by U.S. mail or email at the following address(es):
| Proposed | | | | 37 | | Deb Laferriere | 12/22/2011 14:41 |
| Proposed Amendments to §§ 6, 7 and 13 of the Rules of Admission of the Vermont Supreme Court | | The proposed amendments eliminate the 3-month clerkship requirement for attorneys admitted to practice in other jurisdictions who are admitted without examination to the Vermont bar. The proposed amendments reflect that change, as well as some housekeeping changes and a revision of the definition of in-house counsel.
Comments on these proposed amendments should be sent to the Chair of the Board of Bar Examiners by February 24, 2012. The Chair can be reached by U.S. mail or email at the following address(es):
| Proposed | | | | 36 | | Deb Laferriere | 12/22/2011 14:36 |
| Proposed Amendments to the Vermont Rules of Appellate Procedure | | The proposed amendments abrogate Rule 10 and replace it with a new rule which would make the rule consistent with current practices concerning ordering and producing transcripts for appeals, particularly with respect to availability of an on-line order form. The proposed amendment would also abrogate Rule 10.1.
The proposed amendments to Rule 12 are for clarity’s sake. The proposed amendment would abrogate Rule 12.1.
The proposed amendment would also make permanent the emergency amendment to Rule 28(d) that was promulgated on March 23, 2011, and amended further by this order.
The proposed amendment would abrogate Rule 28.1 and incorporate it into Rule 28 as a new subdivision.
The proposed amendment to Rule 29 would specify that an amicus brief must comply with Rule 32 form and filing requirements.
The proposed amendment would also make the emergency amendments to Rule 30 that were promulgated and effective March 23, 2011 permanent and further provide that in cases without an electronic case file, a litigant must file only a single paper copy and an electronic copy of the printed case, supplemental printed case, and exhibits. In addition, service of these materials on represented parties is sufficient by electronic means. Unrepresented parties must receive a paper copy of these materials, unless the parties agree otherwise.
The proposed amendment to Rule 30(f) requiring exhibits for inclusion in the printed case to be filed electronically would not alter the current system that inclusion of any exhibit in the printed case is at counsel’s discretion.
The proposed amendment to Rule 31 reduces to eight the number of paper briefs required to be filed by litigants and continues to require the filing of an electronic brief by represented parties.
The proposed amendment to Rule 32 would require the filing of an electronic version of the printed case by represented parties, in addition to the electronic filing of the brief.
The comment period ended on November 4, 2011. | Proposed | | | | 30 | | Deb Laferriere | 1/4/2012 7:27 |
| Proposed Amendments to Rules 28(d) and 72 of the Vermont Rules of Civil Procedure | | The proposed amendment to V.R.C.P. 28(d), providing for depositions to be taken in Vermont for use in another jurisdiction, would limit its applicability to depositions that are to be taken in civil actions in a U.S. district court or in proceedings in another country under that country’s laws. The proposed amendment to V.R.C.P. 72 would implement the interlocutory appeal provision of the Vermont Trust Code, 14A V.S.A. § 201, and would reflect the establishment of the Civil Division pursuant to Act 154 of 2009 (Adj. Sess.).
Comments on these proposed amendments should be sent to the Chair of the Advisory Committee on the Rules of Civil Procedure by February 24, 2012. The Chair can be reached by U.S. mail or email at the following address(es):
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
| Proposed | | | | 34 | | Deb Laferriere | 12/22/2011 14:26 |
| Proposed Amendments to Rules 16.2, 18, 26, 30 and 41 of the Vermont Rules of Criminal Procedure | | The proposed amendment to V.R.Cr.P. 16.2 follows revisions to the ABA Standards for Criminal Justice Discovery, Third Edition.
The proposed amendments to V.R.Cr.P. 18 revises the nomenclature used to refer to the place of prosecution and trial in order to conform changes made by the Judicial Restructuring Act, Act 154 of 2009 (Adj. Sess.), and provides for broadened venue for initial appearance and arraignments under Rules 5 and 10 and preliminary hearings under Rule 32.1(a)(1).
The proposed amendment to V.R.Cr.P. 26 increases to thirty days before trial the notice required of an intent to introduce evidence or other acts or offenses.
The proposed amendment to V.R.Cr.P. 30 contemplates that the court will have discretion to give preliminary instructions prior to the taking of evidence, as well as to give some instructions after the close of evidence, but prior to argument.
The proposed amendment to V.R.Cr.P. 41 provides procedures for the issuance of search warrants for the use of tracking devices.
Comments on these proposed amendments should be sent to the Chair of the Advisory Committee on the Rules of Criminal Procedure by January 31, 2012. The Chair can be reached by U.S. mail or email at the following address(es):
P. Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT 05055-0909
smcgee@hcsmlaw.com
| Proposed | January 31, 2012 | | | 32 | | Deb Laferriere | 1/4/2012 7:26 |
| Proposed Amendment to Rule 408 of the Vermont Rules of Evidence | | The proposed amendment to V.R.E. 408, with one exception, conforms the Vermont rule to its Federal counterpart and promotes uniformity of practice.
Comments on this proposed amendment should be sent to the Reporter of the Advisory Committee on the Rules of Evidence by January 2, 2012. The Reporter can be reached by U.S. mail or email at the following address(es):
Professor Kenneth Kreiling, Reporter
Advisory Committee on Rules of Evidence
Vermont Law School
Chelsea Street, PO Box 96
South Royalton, VT 05068-0096
kkreiling@vermontlaw.edu | Proposed | | | | 31 | | Deb Laferriere | 11/2/2011 8:58 |
| Proposed Amendments to Rules 4(b)(2)(A) and (B) and 14 of the Vermont Rules for Family Proceedings | | The proposed amendments to Rule 4 provide a method for waiver of service that is simpler to administer. The proposed amendment to Rule 14(d) is amended to add “other good cause” to the grounds for waiver of attendance at a litigant education program that are to be incorporated in the terms of each such program. The proposed amendment would give the court discretion to recognize valid grounds for nonattendance other than constitutional interests, disability, or vulnerability in a spousal or other relationship.
Comments on these proposed amendments should be sent to the Chair of the Advisory Committee on Rules for Family Proceedings by February 24, 2012. The Chair can be reached by U.S. mail or email at the following address(es):
Jody Racht, Esq., Chair
Vermont Attorney General’s Office
Ladd Hall, 103 South Main Street
Waterbury, VT 05671-0701
jody.racht@state.vt.us
| Proposed | | | | 35 | | Deb Laferriere | 12/22/2011 14:34 |
| Proposed Amendments to Rule 79.1 of the Vermont Rules of Probate Procedure | | The proposed amendment to V.R.P.P. 79.1 is added to permit a lawyer acting pursuant to a limited representation agreement with a pro se client to enter a limited appearance in the Probate Division in certain specific situations.
Comments on these proposed amendments should be sent to the Chair of the Advisory Committee on the Rules of Probate Procedure by January 31, 2012. The Chair can be reached by U.S. mail or email at the following address(es):
Hon. Joanne M. Ertel
| Proposed | January 31, 2012 | | | 33 | | Deb Laferriere | 1/4/2012 7:25 |