Legal Community

Amendments to the Rules of Admissions

43

Administrative Order No. 37 (Experimental Rule for Mandatory Legal Education Proceedings in all Courts in Chittenden County) is abrogated.

46

Emergency amendments to V.R.C.P. 77(d), V.R.Cr.P. 56(d) and V.R.P.P. 77(d) and V.R.A.P 45(c) to allow the Court to take appropriate steps to reduce the costs of service in the face of economic exigencies.

35

Amendments to V.R.C.P Form 1A (which simlified the form) and V.R.E.C.P. 5(b)(3) and (d)(2) (which corrected a drafting error in the original rule).

33

Changes to Forms 72 and 80 made it necessary to implement recent amendments to 14 V.S.A Chapter 111, enacted by Act 186 of 2007 (Adj. Session).

31

V.R.C.P 4.2(j)(3), Trustee Process Against Earnings, is amended to make clear that the creditor, not the court, must serve a trustee summons against earnings on the trustee. V.R.C.P. 62(a)(1) and (4), Stay of Proceedings to Enforce a Judgment,  make clear that, just as in original actions in the probate courts, there is no automatic stay of the listed orders when the decision of a probate appeal in the superior court is appealed to the Supreme Court.  V.R.A.P. 27(d), Motions, is amended to state that the form of a motion is governed by Rule 32(c), which covers motions and other papers, and is simultaneously amended to modernize the format specifications. V.R.A.P 28(c), Reply Briefs, is amended consistent with Fed. R. App. P. 28.1(4) to clarify that in cases involving cross appeals, the reply brief of the appellee is limited to the issues presented by the cross appeal. V.R.A.P 28(h), Length of Briefs, is amended to reflect that page/text limitations in general are now contained in V.R.A.P 32(a)(7). V.R.A.P 28.2(d), Citations, is added to permit citation of unpublished judicial dispositions. The caption of V.R.A.P 31 is amended so that the provisions of Rules 31(d), (e), on disqualification can be more easily located. V.R.A.P 31(a), Time for Serving and Filing Briefs, is amended to state that the reply brief of the appellee in a case with a cross appeal must be served and filed within 20 days after service of the reply brief of the appellant. V.R.A.P 31.1 has been abrogated.  Its content is now set forth as V.R.A.P. 32(b). V.R.A.P 32, Form of Briefs, the Printed Case, and Other Papers, has been abrogated and replaced with a modernized version to regulate the form and length of briefs and printed cases and the form of motions and other papers. V.R.S.C.P. 3(e), Pleadings, Service of Pleadings, Default by Defendant, is amended to make clear that the affidavit supporting a motion for default judgment must be signed personally by the plaintiff or a person with personal knowledge of the facts attested to. V.R.F.P. 1(f)(3) and 2 (f) and 3 (a) (promulgated 1/11/08; effective 3/11/08

13

The amendments to Rule 5(f) and 18 enable a court to reduce the costs of transporting defendants for their first court appearance and arraignment by ordering the defendant to appear in the court nearest the correctional center in which the defendant is detained.

38

Emergency Amendments to Rule 53.1(f) of the Vermont Rules of Criminal Procedure, and Rule 79.3(f) of the Vermont Rules  of Civil Procedure

23

This amendment requires that in addition to the two hours on legal ethics CLE, at least two of the twenty hours of accredited continuing legal education required during each two year compliance period be devoted to education specifically in the area of professionalism.

21

This amendment specifies that a minimum of six of the fifteen continuing legal education hours must be earned by attendance at live cources.  The six-hour "live" continuing legal education requirement reflects a policy decision that the Board of Bar Examiners made at the inception of the reciprocal admission process several years ago and has been applied consistently since that time.  This is also consistent with the Vermont Mandatory Continuing Legal Education Board's requirement of attorneys to attend at least 10 live CLE credits each reporting period out of the 20 which are required to maintain their license.

19

V.R.A.P 32(a)(5) specifies typefaces approved for a brief in order to  provide greater readability; V.R.A.P 7(C) corrects an erroneous cross-reference; and V.R.A.P Rule 32(c) deletes reference to page limitations in subdivision (a) (7) which now limits the number of words, not pages. 

17

This amendment corrected the location of the Family Court in Rutland County.

16

These emergency amendments and emergency rules, which implement legislation giving the superior court jurisdiction of proceedings on requests for orders against stalking and sexual assault by persons other than family or household members, have been made permanent.

14

The amendment adding Rule 24(f) was made to permit the court to select a sufficient number of jurors to make up both a jury of twelve and between one and four alternates without predetermining the identity of the alternates.  The amendment to V.R.Cr.P. 43(c) clarifies that the defendant’s presence is not required at a conference or argument on a question of law.  Under the amended rule, the defendant’s presence is required only at those proceedings specified in subdivision (a) or otherwise would be ordered by the court. 

29

These emergency amendments were made to conform with amendments made by the Legislature to Vermont Rule of Criminal Procedure 3(c)(6) and Vermont Rules for Public Access to Court Records 6(b)(34) and (35). See 2007, No. 185 (adj. Sess.), §§ 6 and 7.

25

The Supreme Court amended Administrative Order No. 1 to conform A.O. 1 with Title 4 V.S.A. § 601(b)(5). 

27

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.

50

The amendment to Rule 55(b) of the Vermont Rules of Civil Procedure requires an affidavit as to liability and damages before a default judgment may be entered against a non-appearing party.

40

The emergency amendment adding V.R.C.P. 80.1(b)(3) has been found beneficial and is continued for two additional years while other amendments to Rule 80.1, designed to allow it to operate more fairly in the present financial climate, are being considered.

44

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.

49

The proposed amendment to § 7 would include certification that an attorney is in good standing with respect to any unpaid judgment issued by the judicial bureau or district court for fines or penalties for a violation or a criminal offense.  This proposed amendment would conform with the addition of 4 V.S.A. § 1110.  See 2007, No. 51, § 4.
The proposed amendment would add § 9.A. in order to provide that an attorney is in good standing with respect to any unpaid judgment issued by the judicial bureau or district court for fines or penalties for a violation or criminal offense if 60 days or fewer have elapsed since the date a judgment was issued or the attorney is in compliance with a repayment plan approved by the judiciary.  This proposed amendment would conform with the addition of 4 V.S.A. § 1110.  See 2007, No. 51, § 4.
Comments

7

Margaret O’Donnell, Esq., Chair
Board of Bar Examiners
2418 Airport Road, Suite 2
Barre, VT  05641
JUD-AttyLicensing@state.vt.us

The proposed amendments to § 3(b) and 4(a)(1) are intended to 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 “ive credit, the instructor and attendees must be able to participate and interact simultaneously, in real time.

The proposed amendments to §§ 6 (b), (c) and (d) and 7(b) and are intended to 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 proposed amendment to § 8(b) would clarify 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.

16

Hon. Karen Carroll, Chair
Board of Continuing Legal Education
2418 Airport Road, Suite 2
Barre, VT 05641

This proposal from the Advisory Committee relates to public access to administrative records. The comment period ended on June 25, 2004.

1

These proposed amendments relate to foreclosure of mortgages and judgment liens.

13

Comments should be sent by February 15, 2010 to:
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us

The proposed amendment to V.R.Cr.P. 3(c)(9) would conform 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 proposed amendments adding V.R.Cr.P. 26(e) and V.R.A.P. 10(b)(8) would 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 proposed amendment to V.R.Cr.P. 32(c)(4) would bring the rule into conformance with a 1999 legislative change to 13 V.S.A. § 5231.

The proposed amendment of V.R.Cr.P. 41 would reorganize the present rule, extend its present provisions concerning issuance of warrants by fax to include other electronic means, and add provisions for warrants to monitor conversations.

The proposed amendments of V.R.Cr.P. 44.2(b) and A.O. 41 would 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.

15

Comments on these proposed amendments should be sent to the chair of the Criminal Rules Committee by March 19, 2010.
P. Scott McGee, Esq.
Hershensen Carter Scott McGee
PO Box 909
Norwich, VT  05055-0909
smcgee@hcsmlaw.com

This amendment is intended to accommodate a 2001 amendment of 4 V.S.A. § 311 giving the probate court’s jurisdiction over accountings of attorneys in fact when there is no guardian and there is reason to believe that the principal is incompetent. Comments on this proposed amendment should be sent to the Chair of the Probate Rules Committee by May 16, 2008.  The chair can be reached either by U.S. postal or email under the contact and address information.

6

Edward M. Goutas, Esq., Chair
Probate Rules Committee
Westminster District Probate Court
PO Box 47
Bellows Falls, VT  05101-0047
edgoutas@comcast.net or edward.goutas@state.vt.us