May 10, 2018

Advisory Committee on Rules of Probate Procedure Meeting May 16





The Probate Rules Committee will meet at 1:30 p.m., Wednesday, May 16, 2018, in the Hoff Lounge, Oakes Hall, Vermont Law School, to consider the following agenda:

  1. Approval of draft minutes of the meeting of February 21, 2018, previously distributed.
  2. Status of proposed and recommended amendments.
    1. New V.R.C.P. 79.2, recommended by Special Committee on Video and Cameras in the Court on January 2, 2018, for promulgation. Consideration of effect on V.R.P.P. 79.2. Professor Wroth to report.
    2. Proposed V.R.C.P. 43(a), et al. (including V.R.P.P. 43(b)), video and audio appearance, and proposed AO 47, Technical Standards, proposed by Special Committee on Video and Cameras in the Court, sent out for comment on January 24, with comments due on March 23, 2018.  Chairman Kilgore’s comments to be distributed.
  3. Expanded provisions for motions and contested cases. Discussion of New Hampshire model, to be distributed
  4. Effect of recommended amendment of V.R.F.P. 7 and addition of V.R.F.P. 7.1 on probate jurisdiction under V.R.F.P. 6, 6.1. Professor Wroth to distribute proposed promulgation order for V.R.P.P. 80.9-80.12 as previously approved.
  5. Suggested amendment of V.R.P.P. 77(e)(2) concerning confidentiality of index of wills. Status of “Pratt bill” (S.29). Mr. Gawne and Professor Wroth to report.
  6. V.R.P.P.  45(b)—document subpoena.Consideration of effect on V.R.P.P. 45 of  Civil Rules Committee’s recommended amendments of V.R.C.P. 45 sent to Supreme Court on February 5, 2018. Professor Wroth to report.
  7. V.R.A.P. 4(f)—“prisoners’ mailbox” rule. Need for comparable provision in Probate Rules? Consideration of effect on V.R.P.P.3 and 5 of Civil Rules Committee’s proposed amendments of VR.C.P. 3 and 5, sent to Supreme Court on February 5, 2018. Professor Wroth to report.
  8. V.R.P.P. 17(a). Need for service on interested persons in light of In re Holbrook’s Estate I, 2016 VT 13. See also Id.II, 2017 VT 15. Status of “Pratt bill” (S.29). Mr. Langan and Professor Wroth to report.
  9. V.R.P.P. 13 and Form 49. Consideration of Mark Langan’s e-mail of January 31, 2018, to the Committee. Judge Scanlon to report on Oversight Committee action.
  10. Form 49 and 14 V.S.A. § 305 and 27 V.S.A. § 105 in light of S.29. Mr. Gawne and Professor Wroth to report.
  11. Other business.
  12. Dates of next meetings.