Legal Community: Statutes and Rules http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/AllItems.aspx RSS feed for the Statutes and Rules list. Wed, 19 Jun 2013 03:19:40 GMT Windows SharePoint Services V3 RSS Generator 60 Legal Community: Statutes and Rules /LC/_layouts/images/homepage.gif http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/AllItems.aspx PROMULGATEDEMERGENCYVRAP30_June11 2013 with dissent http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=252 Rule Type: Promulgated
Brief Statement about Rule:
The emergency amendment to Rules 30(b), (d) and (f) provides that in cases without an electronic case file, a litigant must file eight paper copies and an electronic copy of the printed cases and exhibits.  The temporary rule allowed the filing of only one paper copy of the printed case, and this proved to be insufficient for the needs of the Court.
 
The emergency amendment to Rule 30(a) requires the sequential numbering of the printed case to begin on the cover sheet.  This will make the page references consistent with the electronic pagination. 
 
The emergency amendment to Rule 30(c) clarifies that in cases with an electronic file, litigants may file a printed case, but are not required to do so.
 
These emergency amendments were promulgated without resort to the notice and comment procedures set forth in A.O. 11 since the prior amendments to Rules 30(b), (d) and (f) are set to expire on June 30, 2013, and all of the amendments are necessary to the continued effective functioning of the Court.
 
Promulgated Date: June 11, 2013
Promulgated Effective Date: July 1, 2013
Order #: 119
]]> Deb Laferriere Tue, 18 Jun 2013 11:07:20 GMT http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=252 PROMULGATEDVRFP1(b)(1)_2(b)(2)_4(b)(1)(A)_8(g) http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=250 Rule Type: Promulgated
Brief Statement about Rule:
The amendment to V.R.F.P. 1(b)(1) requires that the petition in a delinquency proceeding be supplemented by factual data concerning the race/ethnicity of the child who is the subject of the proceeding. The amendment provides that the facts to be presented are those contained in the Law Enforcement Juvenile Data Sheet, Form 101.
 
The amendment to V.R.F.P. 1(b)(2) and 2(b)(2) substitutes references to § 1079 of the Uniform Child Custody Jurisdiction and Enforcement Act for similar references to the Uniform Child Custody Jurisdiction Act which was repealed.
 
In light of the decision of the Supreme Court in Samis v. Samis, 2011 VT 21, ¶¶ 10-17, 189 Vt. 434, 22 A.3d 444, the amendment to V.R.F.P. 4(b)(1)(A) substitutes more specific language for the general language of the present rule that allows a divorce action to be brought by a “guardian, guardian ad litem , or next friend” for a plaintiff who is not “of sound mind and of the age of 16 years.”
 
The amendment to V.R.F.P. 8(g) eliminates the requirement that the provisions of V.R.A.P. 10-12 concerning notice of completion of the record apply in an appeal from a magistrate’s decision to the Family Division.
Promulgated Date: June 11, 2013
Promulgated Effective Date: August 12, 2013
Order #: 121
]]> Deb Laferriere Fri, 14 Jun 2013 12:37:32 GMT http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=250 PROMULGATED Final Pure Restyled Appellate Rules http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=251 Rule Type: Promulgated
Brief Statement about Rule:
The restyled Vermont Rules of Appellate Procedure adopt the format and approach of the restyled Federal Rules of Appellate Procedure adopted in 1998. The restyling is not intended to change the meaning of any rule but is intended to provide a more accessible format for the rules and to simplify them by eliminating ambiguous or archaic language and adopting a more straightforward style.  A few substantive changes in connection with the restyling are delineated below:
 
The docketing statement previously incorporated in Rule 3 is no longer part of the rule.  It will be available on the Vermont Judiciary website.
 
Rule 5(b)(5) eliminates language that is redundant to Rule 5(b)(1)-(4), which contains the requirements for filing an interlocutory appeal in different types of cases.  A statement was eliminated in Rule 5(b)(8)(A) as originally restyled that was not necessary since the Court has discretion to dismiss an interlocutory appeal that was improvidently granted.
 
Rule 6 provides a procedure for appeals from final judgments where permission to appeal must be obtained from the trial court or the Supreme Court.
 
A phrase was deleted in Rule 10(b)(5) which was unnecessary because Rule 33(a) already contains a procedure for prehearing conferences, which the parties are free to adapt.
 
Rule 12(a) specifies that the Supreme Court docket clerk must receive a copy of the certified docket entries from the trial court before docketing an appeal.  Rule sections 12(b)(1) and 12(c) remove the requirement that the Supreme Court clerk receive the record before notifying the parties that record is complete in cases where no transcript is ordered.
 
Rule 28(j) requires parties to file eight copies of any supplemental authority for conformity with the number of briefs required to be filed by Rule 31(b).
 
Rule 33(a)(1) reflects the reality that self-represented parties may also be directed to appear for a prehearing conference.
 
Rule 34(b) requires a request for additional time to be made by motion rather than in a letter addressed to the clerk.
 
Rule 39(c)(4) was deleted because Rule 31(b) no longer requires the filing of an original brief, just eight copies, and the price per folio is a term no longer used.
 
Rule 40(a) provides a time limit for filing a request to extend the period for filing a motion to reargue.  In addition, because the prior page limit in Rule 40(b)(2) was changed to a word-count limit, the parties must now certify compliance with the word-count limit similar to the existing requirement in Rule 32(a)(7)(D).
 
Rule 45.1 recognizes that self-represented parties will not necessarily have an e-mail address, but requires attorneys to provide an e-mail address.
 
Rule 46 no longer refers to an appendix of forms.  The forms will be available on the Judiciary website.
 
Promulgated Date: June 11, 2013
Promulgated Effective Date: September 3, 2013
Order #: 120
]]> Deb Laferriere Fri, 14 Jun 2013 13:32:15 GMT http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=251 PROPOSEDVRFP7_7 1_9(l) http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=248 Rule Type: Proposed
Brief Statement about Rule:

Proposed Rule 7, applicable to appointment of guardians ad litem (GALs) and attorneys for minors in proceedings under Rules 4 and 9, is replaced by a revised version intended to address issues that have arisen under the original rule.

Proposed Rule 7.1 is added simultaneously with the adoption of significant revisions to proposed Rule 7.  The purpose is to make clear the different circumstances that govern appointment of a GAL for a child, not a subject of the proceedings, who is to testify.  This rule is derived from former Rule 7(e)(2) which made provisions for testimony by such a child.

Proposed Rule 9(l) is added to implement the provisions of 33 V.S.A. § 6931 et seq., which provide that a petition for relief of a vulnerable adult, as defined in 33 V.S.A. § 6902(14), from abuse, neglect, or exploitation may be filed either by the vulnerable adult or by an “interested person” on the vulnerable adult’s behalf.

Comments on these proposed amendments should be sent by August 16, 2013 to Jody Racht, the Chair of the Family Rules Committee.  She can be reached by email or U.S. mail at the following addresses:

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 Suspense Date: August 16, 2013
Contact and Address: Jody Racht, Esq., Chair Vermont Attorney General’s Office Ladd Hall, 103 South Main Street Waterbury, VT 05671-0701 Jody.racht@state.vt.us
Order #: 54
]]> Deb Laferriere Fri, 14 Jun 2013 12:09:36 GMT http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=248 PROMULGATEDVRPP64_68_72 http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=245 Rule Type: Promulgated
Brief Statement about Rule:
The amendment to Rule 64(a) of the Vermont Rules of Probate Procedure provides consistency with the amendment of V.R.P.P. 4(e) promulgated effective July 10, 2012, to conform to the amendment of that rule by Act 144 of 2011 (Adj. Sess.), § 1.  The statute and the rule amendment eliminate the requirement of publication in two successive weeks in favor of a single publication.  Notice to creditors under Rule 64(a) is to be published as provided in amended V.R.P.P. 4(e) unless notice has previously been given.
 
The amendment to V.R.P.P. 68 conforms the rule to Act No. 78 of 2011 (Adj. Sess.), § 2, eff. April 2, 2012, which renamed the Department of Banking, Insurance, Securities and Health Care Administration as the Department of Financial Regulation.
 
The amendments to V.R.P.P. 72 provide a uniform procedure for enforcement of probate division orders by contempt proceedings.
Promulgated Date: March 12, 2013
Promulgated Effective Date: May 13, 2013
Order #: 118
]]> Deb Laferriere Tue, 26 Mar 2013 17:35:33 GMT http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=245 PROPOSEDVRCP80.1(b)(3)_80.9_VRECP5(h)(1) http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=249 Rule Type: Proposed
Brief Statement about Rule:
The proposed amendment to Rule 80.1(b)(3) reflects the elimination and consolidation of the functions of the Department of Banking, Insurance, Securities and Health Care Administration in the Department of Financial Regulation.
 
The proposed amendment to Rule 80.9 reflects the elimination of the District Court and the transfer of its jurisdiction over municipal parking violations to the Criminal Division of the Superior Court by § 7c of Act 154 of 2009 (Adj. Sess.), adding 4 V.S.A. § 32(c)(11).  Note that by virtue of 4 V.S.A. § 1102(c), the Judicial Bureau has no jurisdiction over municipal parking violations.
 
The proposed amendment to V.R.E.C.P. 5(h)(1) requires the appellant to produce a transcript in all on-the-record appeals, eliminating the former distinction that allowed the appellant to submit an electronic recording of proceedings of less than 12 hours in duration.  That process made it difficult for the court to review the recording and for parties in oral argument to make specific reference to the recording.  The amendment also clarifies that on-the-record appeals are governed by all applicable provisions of the Vermont Rules of Appellate Procedure except as modified by this rule, rather than V.R.A.P. 10-12.1.
Comments on these proposed amendments should be sent by August 16, 2013 to William Griffin, the Chair of the Civil Rules Committee.  He can be reached by e-mail or U.S. mail at the following addresses:
 
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us
Proposed Suspense Date: August 16, 2013
Contact and Address: William Griffin, Esq., Chair Civil Rules Committee Office of the Attorney General 109 State Street Montpelier, VT 05609-1001 bgriffin@atg.state.vt.us
Order #: 53
]]> Deb Laferriere Fri, 14 Jun 2013 12:14:57 GMT http://www.vermontjudiciary.org/LC/Statutes and Rules/Forms/DispForm.aspx?ID=249