May 11, 2018

Advisory Committee on Rules of Civil Procedure

VERMONT SUPREME COURT

ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE

AGENDA FOR MEETING OF MAY 18, 2018

 

The Civil Rules Committee will meet at 9:00 a.m., Friday, May 18, 2018, at Vermont Law School, South Royalton, Vermont, to consider the following agenda:

 

  1. Approval of the draft minutes of the meeting of March 18, 2018, previously distributed.
     
  2. Status of recommended, proposed, and pending amendments. Professor Wroth and Chairman Keyes to report.

 

          A.  #s12-1/14-10—Event-witness amendment to V.R.C.P. 26(b)(4). Sent out for comment on January 11, with       comments due on March 13, 2017. Proposed amendments to V.R.C.P. 16.2, 26(b), and 26(e), as revised at November 17 meeting, sent out for comment on January 24, with comments due on March 23, 2018. Chairman Keyes and Messrs. Dumont and Weimer to report on status of VBA Journal article.

          B.  Proposed amendment to V.R.C.P. 45, recommended to the Supreme Court on February 5, 2015 for promulgation. Professor Wroth to report.

          C. #15-8. Special ad hoc committee on video/audio appearances and cameras in the  court. Professor Wroth to report on status of proposed amendments to V.R.C.P. 43(a) et al. and proposed A.O. 47, sent out for comment on January 24, with comments due on March 23, 2018, and this  Committee’s February 5 recommended revision of recommended replacement of V.R.C.P. 79.2 transmitted to the Court on January 2.

          D. V.R.C.P. 80.11,promulgated June 15, effective August 15, 2016; amended July 11, effective September 12, 2016, with Committee to review and report no later than August 15, 2018, whether the rule should be revised or made permanent. Professor Wroth to report.

          E. # 17-1. Allocation of residual class action funds. Request of Chief Justice for Committee review of ABA request concerning adoption of procedures providing for allocation of residual class action funds. Amendment adding V.R.C.P. 23(g) to provide for the disbursement of residual funds remaining after satisfaction of all claims under a class action judgment or settlement recommended to the Court on April 11 for promulgation. Professor Wroth and Chairman Keyes to report.

          F. #16-7. Addition of “prisoners’ mailbox”  provision  to Civil Rules. The Committee’s proposed amendments to V.R.C.P. 3 and 5 and V.R.A.P. 25 were sent out for comment on March 9, with comments due on May 9, 2018. Chairman Keyes to report on comments received.

          3. #14-7.  V.R.C.P. 41(b)(1)(iii). Conform to Rule 3’s 60-day service requirement. Professor Wroth to present draft proposed order incorporating changes agreed on at March 30 meeting,
 

          4. #14-8.  V.R.C.P.  69. Executions. Subcommittee (Judge Pearson, Ms. Badgewick, Professor Wroth) to present revised draft.
 

          5. #17-5. Proposal for service of prisoners’ mailbox complaints on Attorney General. Judge Toor to report on Oversight Committee’s position on suggested amendment to simplify service on the Attorney General of prisoners’ complaints raising confinement issues.
 

          6. #17-4.  Review status of amendments to V.R.A.P. 24 (IFP Proceedings), recommended for promulgation on December 3, 2014. Mr. Avildsen to present drafts of proposed amendments to V.R.A.P. 24(a)(1) and V.R.C.P. 3.1(b)(1).
 

          7. #10-8/13-1—Adoption of 2007 amendments to ABA Model Code of Judicial Conduct. Professor Wroth to report.
 

          8. #14-1.  Status of Appendix of Forms. Ms. Blackwood and Professor Wroth to provide a report and draft.
 

          9. #17-7.  V.R.C.P. 55—Amendments recommended by Civil Division Oversight Committee.Professor Wroth to present draft proposed order incorporating changes agreed on at March 30 meeting,
 

          10. Other business.
 

          11. Dates of future meetings. Professor Wroth to propose dates.