Skip to main content
State of Vermont Judiciary
Court Information
Judicial Community
Legal Information
Contact Us
Public Education
You are here ► State of Vermont Judiciary > Legal Community > Statutes and Rules 
 
Go Search

Statutes and Rules

Modify settings and columns
Statutes and Rules
  
View: 
Brief Statement about RuleFilterContact and AddressFilter
Consolidated Rules Affecting Electronic Filings
CONSOLIDATEDElectronicDissemination_Appellate_Civil_A041_A044_A045_April 8 2013Use SHIFT+ENTER to open the menu (new window).
CONSOLIDATED AMENDMENTS TO
Vermont Rules for Electronic Filing et al.
[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
Additional Amendments to Rules 3(b) and (c), adopted on May 30, 2012, eff. July 30, 2012
Additional Amendments to V.R.E.F. 3(a) and (b), 7(d), 12(g), V.R.C.P 79.1(i), V.R.A.P. 3(d), 10(a)(3), 13(c), 45.1(h), V.R.F.P. 15(i), V.R.E.P. 5(c), V.R.Cr.P. 44.2(e), and V.R.P.P. 79.1(i)
adopted on February 6, 2013; eff. April 8, 2013.
Consolidated
Deb Laferriere3/26/2013 9:19
CORRECTED Restyled Appellate Rules
Corrected PROMULGATED Final Pure Restyled Appellate RulesUse SHIFT+ENTER to open the menu (new window).
This emergency order corrects the Appendix to the Promulgation Order dated June 11, 2013, effective September 3, 2013, which restyled and amended Rules 1-49 of the Vermont Rules of Appellate Procedure.
 
The corrected Appendix includes amendments to V.R.A.P. 3(d), 10(a)(3), 13(c) and 45.1(h) that were adopted February 6, 2013, effective April 8, 2013, and were inadvertently not incorporated into the restyled rules.  They are now restyled and incorporated in V.R.A.P. 3(d), 10(a)(3), 13(a) and 45.1(g).  The corrections were promulgated on August 12, 2013 and the Appendix is corrected effective immediately.
 
The corrected Appendix containing the Restyled Rules will go into effect on the original date of September 3, 2013.
 
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.
 
PromulgatedAugust 12, 2013 and June 11, 2013September 3, 2013
43
Deb Laferriere8/15/2013 8:23
Order Amending § 10 of Administrative Order No. 1
PROMULGATEDA.O.1amend10Use SHIFT+ENTER to open the menu (new window).
This amendment, relating to the nomination and election of attorneys to the Judicial Nominating Board, authorizes the Court Administrator to solicit and receive by electronic means the secret ballot of the members of the bar from each county.
PromulgatedJanuary 22, 2014March 24, 2014
52
Deb Laferriere1/29/2014 8:22
Order Promulgating Amendments to A.O. 9, Rule 10
PROMULGATEDAmendmentAO9Rule10A.B.andDUse SHIFT+ENTER to open the menu (new window).
Rule 10 of Administrative Order No. 9 was previously silent as to who would screen ethics complaints.  The amendment clarifies the Board’s position that bar counsel shall screen ethics complaints and is consistent with how bar counsel and disciplinary counsel have operated since the offices were restructured in June 2012.  The amendment also clarifies that the rule limits a complainant’s ability to request review to those cases which, in bar counsel’s judgment, do not require either formal investigation by disciplinary counsel or referral to an assistance panel.
PromulgatedOctober 10, 2013December 9, 2013
45
Deb Laferriere11/12/2013 12:26
Order Promulgating Amendments to the Vermont Rules for Electronic Filing
PROMULGATEDAmendments E-filing et alUse SHIFT+ENTER to open the menu (new window).
The amendments to V.R.E.F. 3(a) and (b), 7(d), 12(g), V.R.C.P. 79.1, V.R.A.P. 3(d), 10(a)(3), 13(c) & 45.1, V.R.F.P. 15(i), V.R.E.P. 5(c), V.R.Cr.P. 44.2(e) and V.R.P.P. 79.1(i) require attorneys appearing in cases in the superior court and the Supreme Court in their initial filing to provide the court with their eCabinet registration number that was assigned on registering an e-mail address or addresses pursuant to Rule 3 of the Vermont Rules for Electronic Filing.  The requirement also applies to self-represented litigants in the Supreme Court who choose to receive documents and notices by e-mail.
 
PromulgatedFebruary 6, 2013April 8, 2013
36
Deb Laferriere3/23/2013 11:10
Order Promulgating Amendments to Administrative Order No. 45
PROMULGATEDAmendmentsAO45Use SHIFT+ENTER to open the menu (new window).
The amendments to A.O. 45 expand the use of e-mail delivery of court-generated notices and documents to the Supreme Court and the Judicial Bureau and to self-represented litigants and case participants other than lawyers representing litigants. The amendments also make changes in the procedures for e-mail delivery of notices and documents in light of the experience in the units and divisions of the superior court that have employed the e-mail delivery. 
PromulgatedFebruary 6, 2013April 8, 2013
37
Deb Laferriere3/23/2013 10:02
Order Promulgating Amendments to § 4 of Administrative Order No. 41
PROMULGATEDAO41sec4Use SHIFT+ENTER to open the menu (new window).
In conjunction with the amendment to the Rules of Admission to the Bar of the Vermont Supreme Court, license fees have been changed from a pro-rated fee to a flat fee.  The flat fee is less than the applicant would pay if the fee were pro-rated because the new attorney is licensed for a period between two years and three years.
PromulgatedJuly 17, 2012September 1, 2012
33
Deb Laferriere3/23/2013 9:42
Order Promulgating Administrative Order No. 44 - Registration - Licensing of Attorneys
PROMULGATEDAO44Use SHIFT+ENTER to open the menu (new window).
A.O. 44 facilitates the simultaneous adoption of A.O. 45.  The purpose of the order is to decouple the requirement of submitting an e-mail address pursuant to A.O. 41 for bar administrative purposes from the requirement that all lawyers required to register as electronic filers under V.R.E.F. 3 submit one or more e-mail addresses to which the court may send required notices under V.R.C.P. 77(d) and similar rules. 
PromulgatedMay 30, 2012July 30, 2012
26
Deb Laferriere3/23/2013 10:08
Order Promulgating Administrative Order No. 45 - Delivery of Notices of Hearing and Other Court Documents by E-Mail
PROMULGATEDAO45Use SHIFT+ENTER to open the menu (new window).
A.O. 45 allows for the introduction of e-mail transmission of court notices under proposed V.R.C.P. 77(d) and similar provisions of other rules as the capacity for such transmission becomes available. 
PromulgatedMay 30, 2012July 30, 2012
27
Deb Laferriere3/23/2013 10:08
Order Promulgating Emergency Amendment to Rule 32 of the Vermont Rules of Appellate Procedure
PROMULGATEDEMERGENCYAmendmentVRAP32Use SHIFT+ENTER to open the menu (new window).
This Emergency Order restores changes that were promulgated in an amendment of former V.R.A.P. 32(b) effective May 14, 2012, and inadvertently not incorporated in Rule 32(b) of the restyled Rules of Appellate Procedure which became effective September 3, 2013.  The May 2012 amendments required the filing of an electronic version of the printed case by represented parties.  The words “or printed” case have been added in paragraphs (4), (5,) and 6) in the present amendment to carry out the intent of the May 2012 amendment.
PromulgatedDecember 17, 2013December 17, 2013
49
Deb Laferriere12/19/2013 11:18
Order Promulgating Emergency Amendment to the Vermont Rules of Criminal Procedure by the addition of Rule 11.1
PROMULGATEDEMERGENCYAMENDMENTVRCrP11.1Use SHIFT+ENTER to open the menu (new window).
Rule 11.1 is promulgated consistent with Act No. 76, § 1, effective July 1, 2013, which amended various provisions of 18 V.S.A. § 4230, and directs the court to engage in specific additional colloquy with a defendant entering a plea of guilty or no contest as to the potential collateral consequences of a conviction for subject offenses, extending to such consequences as loss of education financial aid, suspension or revocation of professional licenses, and restricted access to public benefits such as housing.  The statute upon which the rule is based requires that the advisement be provided to the defendant personally in open court, thus requiring presence of the defendant and a record of proceeding in each such case, in contrast to the provisions of Rule 11(c) and (d), amended effective May 13, 2013, which authorize pleas by waiver pursuant to Rule 43, without appearance in open court.
PromulgatedNovember 13, 2013November 13, 2013
46
Deb Laferriere11/15/2013 11:04
Order Abrogating Administrative Order No. 28 and Promulgating Emergency Amendments to Rule 10 of the Vermont Rules of Appellate Procedure
PROMULGATEDEmergencyRuleAbrogatingAO28andAmendingVRAP10Use SHIFT+ENTER to open the menu (new window).
Administrative Order No. 28 has been abrogated.  The emergency amendment to V.R.A.P. 10 makes general edits to reflect that the creation of transcripts for use on appeal is contracted to companies providing transcription service rather than individual transcribers.  Rule 10(b)(2) clarifies that transcripts may be ordered directly on the transcription services’ websites without the use of a paper order form.  The revised rule allows parties to provide a copy of the transcript order to represented parties by electronic mail.  Rule 10(b)(7) no longer references A.O. 28, which has been abrogated, and delineates that the transcription service may require a deposit prior to beginning transcription.  Parties are informed of the specific deposit amount by the transcription service and the Court Administrator’s Office sets limits on that amount.
PromulgatedFebruary 6, 2013February 6, 2013
35
Deb Laferriere3/23/2013 9:57
Order Promulgating Emergency Amendments to Rule 30 of the V.R.A.P.
PROMULGATEDEMERGENCYVRAP30_June11 2013 with dissentUse SHIFT+ENTER to open the menu (new window).
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.
PromulgatedJune 11, 2013July 1, 2013
40
Deb Laferriere6/18/2013 7:24
Emergency amendment to V.R.A.P. 32(b) made permanent
PROMULGATEDEMERGENCYVRAP32madepermanentUse SHIFT+ENTER to open the menu (new window).
The emergency amendment to V.R.A.P. 32(b), promulgated on December 17, 2013, effective immediately has been made permanent.  The emergency order restored changes that were promulgated in an amendment of former V.R.A.P. 32(b) effective May 14, 2012, and inadvertently not incorporated in Rule 32(b) of the restyled Rules of Appellate Procedure, which became effective September 3, 2013.  The May 2012 amendments required the filing of an electronic version of the printed case by represented parties.  The words “or printed” case were added in paragraphs (4), (5) and 6) in the present amendment to carry out the intent of the May 2012 amendment.
 
The permanent amendment was promulgated on March 27, 2014, and effective May 27, 2014.
PromulgatedMarch 27, 2014May 27, 2014
53
Deb Laferriere3/28/2014 13:46
Emergency amendment to V.R.C.P. 80.1(b)(3) made permanent
PROMULGATEDEMERGENCYVRCP80 1(b)(3)madepermanentUse SHIFT+ENTER to open the menu (new window).
The emergency order promulgated on December 17, 2013, effective January 1, 2014, which amended the rule to comply with new statutory provisions and to continue to provide relief to homeowners faced with foreclosure, has been made permanent.
 
PromulgatedMarch 27, 2014May 27, 2014
54
Deb Laferriere3/31/2014 8:40
Order Promulgating Emergency Amendment to Rule 18(a) of the Vermont Rules of Criminal Procedure
PROMULGATEDEMERGENCYVRCrP18(a)Use SHIFT+ENTER to open the menu (new window).
This amendment restores V.R.Cr.P. Rule 18(a) to the language prior to the emergency amendment of December 21, 2011.  The emergency amendments to Rule 18(b) and the addition of Rule 18(c) remain in effect.
PromulgatedApril 25, 2012April 25, 2012
24
Deb Laferriere3/23/2013 10:09
Order Promulgating Amendment to §5 (d) of the Rules for Mandatory Continuing Legal Education
PROMULGATEDMCLE5(d)Use SHIFT+ENTER to open the menu (new window).
This amendment adds § 5(d) to the Rules for Mandatory Continuing Legal Education which provides that credit may be earned by presenting formal education and/or informational programs to non-lawyers, including but not limited to student groups, which are designed to broaden public knowledge and understanding of the law, and/or increase public support and respect for the legal system – up to two hours per reporting period.  This amendment is not intended to award credit for instruction primarily aimed at the marketing of the presenter.
PromulgatedMarch 14, 2012July 1, 2012
21
Deb Laferriere3/22/2013 14:20
Order Promulgating Amendments to § 6(a) of the Rules for Mandatory Continuing Legal Education
PROMULGATEDMCLE6(a)Use SHIFT+ENTER to open the menu (new window).
This amendment to § 6 allows 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.
 
PromulgatedApril 25, 2012July 1, 2012
23
Deb Laferriere3/23/2013 8:58
Order Promulgating Amendments to the Rules for Mandatory Continuing Legal Education
PROMULGATEDMCLEAmendmentsUse SHIFT+ENTER to open the menu (new window).
Since the institution of the requirement of continuing legal education for attorneys admitted to practice law in Vermont, separate rules and regulations have governed.  These rules and regulations defined the minimal educational requirements, how they could be met, and the process a sponsoring agency must follow in order to offer courses for CLE credit, among other things.  The rules often overlapped with the regulations, and some topics were discussed in both the rules and regulations.  This created an often cumbersome process for attorneys seeking information on the requirements for continuing legal education.  There is no distinction to be made between the rules and regulations, as the Vermont Supreme Court must approve of and administer both.  Therefore, the Board of Mandatory Continuing Legal Education has consolidated the rules and regulations into one document, the Rules for Mandatory Continuing Legal Education.  There have been no substantive changes to the rules or regulations during this rewrite.  The change has been made in an effort to achieve simplicity and for the convenience of those governed by the rules.
PromulgatedDecember 17, 2013February 18, 2013
50
Deb Laferriere12/19/2013 11:21
Order Promulgating Amendments to § 12 of the Vermont Rules of Admission to the Bar
PROMULGATEDRulesofAdmission12Use SHIFT+ENTER to open the menu (new window).
Rule 12 is amended to provide a procedure for the admission of new attorneys.  Under prior practice, applicants seeking admission to the Bar were required to attend an admission ceremony at the Vermont Supreme Court.  At the ceremony, the Court would hear and grant an oral motion for admission of new attorneys, and the new attorneys would take the required oaths.  The amendment to Rule 12 allows the Board to make a written motion to the Court.  Once the motion is granted, the applicant may take the required oath before a Vermont judge or court clerk or before a federal judge or state-court judge in another state.  This change in practice allows new attorneys to be admitted more quickly and will eliminate the need for those located outside Vermont to travel to Vermont for admission.
PromulgatedJuly 17, 2012September 1, 2012
32
Deb Laferriere3/23/2013 9:40
Order Promulgating Amendments to § 6 of the Rules of Admission to the Bar of the Vermont Supreme Court
PROMULGATEDRulesofAdmission6FinalUse SHIFT+ENTER to open the menu (new window).
The amendments to § 6 makes three changes to the requirements for admission by examination.  First an applicant must achieve a passing score of 135 on both parts of the examination.  The provision for raising a score on one part of the examination by “borrowing” points from the other part has been eliminated.  Second, an applicant must now sit for and pass both parts of the examination at one concurrent administration.  Applicants may continue to sit for the examination in Vermont and another state during the same concurrent administration if the test dates do not conflict.  Except for a brief transition period, applicants are no longer permitted to carry forward a passing score on one part of the examination.  Third, the amendment shortens the time in which the applicant must take and pass the Multistate Professional Responsibility Exam.
PromulgatedJanuary 22, 2014February 24, 2014
52
Deb Laferriere1/29/2014 9:58
Order Promulgating Amendments to the Rules 6, 7 and 13 of the Rules for Admission to the Bar of the Vermont Supreme Court
PROMULGATEDRulesofAdmissiontoBar6_7_13Use SHIFT+ENTER to open the menu (new window).
The 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 amendments reflect that change, as well as some housekeeping changes and a revised definition of in-house counsel.
PromulgatedApril 25, 2012July 1, 2012
22
Deb Laferriere3/23/2013 10:50
Order Promulgating Rules 10, 12, 28-32, Permanent Adoption of Emergency Amendments to Rules 28(d) and 30; abrogation of Rules 10.1, 12.1 and 28.1 of the Vermont Rules of Appellate Procedure
PROMULGATEDVRAP10_12_28-32_PERMANENT28(d)and30ABROGATION10.1_12.1_28.1Use SHIFT+ENTER to open the menu (new window).
The amendments abrogate Rule 10 and replace it with a new rule which makes the rule consistent with current practices concerning ordering and producing transcripts for appeals, particularly with respect to availability of an on-line order form.  Rules 10(b)(8) and (b)(9) have been added to provide additional avenues for parties proceeding in forma pauperis to obtain a record of the proceedings without paying for a transcript.  Rule 10(b)(8) allows the audio recording to be accepted as the official record of the proceedings if the record is under four hours.  The amendment also abrogates Rule 10.1.
 
The amendments to Rule 12 are for clarity’s sake.  The amendment abrogates Rule 12.1.
 
The amendment makes permanent the emergency amendment to Rule 28(d) that was promulgated on March 23, 2011, and amended further by this order.
 
The amendment abrogates Rule 28.1 and incorporates it into Rule 28 as a new subdivision.
 
The amendment to Rule 29 specifies that an amicus brief must comply with Rule 32 form and filing requirements.
 
The amendment also makes the emergency amendments to Rule 30 that were promulgated and effective March 23, 2011 permanent.  The amendments 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.  This change will expire June 30, 2013.  In addition, new subdivision 30(i) allows 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 amendment to Rule 30(f) requiring exhibits for inclusion in the printed case to be filed electronically does not alter the current system that inclusion of any exhibit in the printed case is at counsel’s discretion.
 
The 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 amendment to Rule 32 requires the filing of an electronic version of the printed case by represented parties, in addition to the electronic filing of the brief.
PromulgatedMarch 14, 2012May 14, 2012
20
Deb Laferriere3/23/2013 10:11
Order Promulgating Amendments to Rules 28(d) and 72 of the Vermont Rules of Civil Procedure
PROMULGATEDVRCP28and72Use SHIFT+ENTER to open the menu (new window).
The amendment to V.R.C.P. 28(d), providing for depositions to be taken in Vermont for use in another jurisdiction, limits its applicability to depositions that are to be taken for use in civil actions in a U.S. district court or in proceedings in another country under that country’s laws.  The amendment to V.R.C.P. 72 implements the interlocutory appeal provision of the Vermont Trust Code, 14A V.S.A. § 201, and reflects the establishment of the Civil Division pursuant to Act 154 of 2009 (Adj. Sess.).
PromulgatedJuly 10, 2012September 10, 2012
30
Deb Laferriere3/23/2013 9:35
Order Promulgating Amendments to Rule 77(d) of the Vermont Rules of Civil Procedure and Rules 3(b) and (c) of the Vermont Rules for Electronic Filing
PROMULGATEDVRCP77(d)andVREF3(b)and(c)Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 77 (d) of the Vermont Rules of Civil Procedure, as previously amended, is returned to its prior form to facilitate the development of a statewide practice of requiring court notices to be sent electronically pursuant to directives issued by the Court Administrator for specific units or divisions of the superior court as they develop the capacity for electronic delivery.
 
The amendments to Rules 3(b)( and (c) of the Vermont Rules for Electronic Filing facilitate the procedure for electronic delivery of court notices that will be rolled out by January 1, 2013.
 
There is also a simultaneous amendment of § 7 of A.O. 41, and the addition of A.O. Nos. 44 and 45.
 
PromulgatedMay 30, 2012July 30, 2012
25
Deb Laferriere3/23/2013 9:25
Order Amending and Continuing Emergency Amendment to Rule 80.1(b)(3) of the Vermont Rules of Civil Procedure
PROMULGATEDVRCP80.1(b)(3)emergency-extendUse SHIFT+ENTER to open the menu (new window).
This Emergency Order is amended to comply with new statutory provisions and continues to provide relief to homeowners faced with foreclosure in the present financial situation.
 
Comments on this emergency amendment should be sent by February 21, 2014 to William Griffin, the Chair of the Civil Rules Committee.  He can be reached by email 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
PromulgatedDecember 17, 2013January 1, 2014
48
Deb Laferriere12/19/2013 11:19
Order Promulgating Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules of Environmental Proceedings
PROMULGATEDVRCP801(b)(3)_80.9_VRECP5(h)(1)Use SHIFT+ENTER to open the menu (new window).

The amendment to V.R.C.P. 80.1(b)(3) reflects changes in Homeownership Centers information and 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 amendment to V.R.C.P. 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.
 
The 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 less than 12 hours in duration.  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, and incorporates the procedure for ordering and paying for a transcript from a Court-appointed transcription service pursuant to V.R.A.P. 10(b)(1), (2), (7).
 
New subparagraph (C) gives the court discretion, on a showing of financial hardship or other good cause by the appellant, to allow an electronic recording to be used instead of a transcript.  To support a claim of financial hardship, the appellant should provide the court with information as to the length of the hearing and the anticipated cost of the transcript in addition to information about his or her financial circumstances.
PromulgatedDecember 2, 2013February 3, 2013
47
Deb Laferriere12/4/2013 9:59
Order Promulgating Amendments to V.R.Cr.P. 11(c) and (d), 16.2, 26, 30, 41 and 44.2(c)
PROMULGATEDVRCrP11(c)(d)_16.2_26_30_41_44.2Use SHIFT+ENTER to open the menu (new window).
The amendment to Rules 11(c) and (d) of the Vermont Rules of Criminal Procedure relates to pleas of guilty or nolo contendere in misdemeanor cases.
 
The amendment to V.R.Cr.P. 16.2 follows revisions to the ABA Standards for Criminal Justice Discovery, Third Edition.
 The amendment to V.R.Cr.P. 26 increases to thirty days before trial the notice required of an intent to introduce evidence of other acts or offenses.
 
The 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 amendments to V.R.Cr.P. 41, consistent with Administrative Order No. 43 issued on January 20, 2012, provide specific procedures for the timely filing of documents associated with the issuance, denial and execution of search warrants, and the returns and inventories required following execution. 
 
The amendment to V.R.Cr.P. 44.2(c) provides consistency in treatment of withdrawal of counsel following entry of judgment of conviction, which occurs at time of sentencing pursuant to Rule 32(b).
 
PromulgatedMarch 12, 2013May 13, 2013
38
Deb Laferriere3/26/2013 10:59
Order Promulgating Amendments to Rule 408 of Vermont Rules of Evidence
PROMULGATEDVRE408Use SHIFT+ENTER to open the menu (new window).
These amendments to V.R.E. 408 generally make the Vermont rule consistent with its Federal counterpart.  Vermont, however, declined to adopt the last clause of the federal rule and decided to retain the broader “claim or any other claim” language from the original V.R.E.  These amendments are designed to promote uniformity of practice, make the rule easier to read, and clarify several important issues.
PromulgatedMay 30, 2012July 30, 2012
29
Deb Laferriere3/23/2013 11:11
Order Promulgating Amendments to V.R.F.P. 1(b)(1)-(2), 2(b)(2), 4(b)(1)(A), and 8(g
PROMULGATEDVRFP1(b)(1)_2(b)(2)_4(b)(1)(A)_8(g)Use SHIFT+ENTER to open the menu (new window).

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.

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.

PromulgatedJune 11, 2013August 12, 2013
41
Deb Laferriere8/15/2013 8:22
Order Promulgating Amendments to Rules 4(b)(2)(A) and (B) and Rule 14(d) of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP4(b)(2)(A)and(B)and14(d)Use SHIFT+ENTER to open the menu (new window).
This amendment to Rule 4(b)(2)(A) and (B) provides a method for waiver of service that is simpler to administer than that provided in V.R.C.P. 4(l), formerly incorporated in the Family Rules and to clarify the service provisions generally.
 
The amendment to Rule 14(d) adds “other good cause” to the grounds for waiver of attendance of a litigant education program that are to be incorporated in the terms of each such program.  The amendment, requested by the Family Division Oversight Committee, is to give the court discretion to recognize valid grounds for nonattendance other than constitutional interests, disability, or vulnerability in a spousal or other relationship.
PromulgatedMay 30, 2012July 30, 2012
28
Deb Laferriere3/23/2013 9:28
Order Promulgating Amendments to Rules 7 and 7.1 of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP7and7.1Use SHIFT+ENTER to open the menu (new window).
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.
 
PromulgatedJanuary 22, 2014March 24, 2014
51
Deb Laferriere1/29/2014 8:25
Order Promulgating Amendment to Rule 9(l) of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP9(l)Use SHIFT+ENTER to open the menu (new window).
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.
PromulgatedSeptember 12, 2013November 12, 2013
44
Deb Laferriere10/14/2013 8:47
Order Promulgating Amendments to Rules 4(e), 17(a) and 79.1 of the Vermont Rules of Probate Procedure
PROMULGATEDVRPP4(e)_17(a) and 79.1Use SHIFT+ENTER to open the menu (new window).
Rule 4(e) was amended by Act 144 of the 2011 (Adj. Sess.), effective May 15, 2012, to eliminate the requirement that notice by publication in a probate proceeding must be published in two successive weeks.  This amendment to V.R.P.P. 4(e) requires only a single publication within 20 days after filing of the petition or granting of the order.
 
Rule 17(a)(1) was also amended by Act 144, effective May 15, 2012, to add subsection (b) providing that in a probate proceeding involving a decedent’s estate, “an interested party” need not be served under Rule 4 if the party cannot be located for other good cause based on a finding that not giving notice “serves the interests of justice and the efficient administration of the estate.” This amendment makes changes of form in the enacted amendment.
 
The amendment to V.R.P.P. 79.1 permits 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.
 
The amendments to V.R.P.P. 4(e) and 17(a), promulgated on July 10, 2012, are effective immediately.  The amendments to V.R.P.P. 79.1., also promulgated on July 10, 2012, are effective on September 10, 2012.
PromulgatedJuly 10, 2012September 10, 2012
31
Deb Laferriere3/23/2013 9:47
Order Promulgating Amendments to V.R.P.P. 64, 68 and 72
PROMULGATEDVRPP64_68_72Use SHIFT+ENTER to open the menu (new window).
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.
PromulgatedMarch 12, 2013May 13, 2013
39
Deb Laferriere3/26/2013 11:05
Order Promulgating Amendments to Rule 80.3 of the Vermont Rules of Probate Procedure
PROMULGATEDVRPP80.3Use SHIFT+ENTER to open the menu (new window).
Rules 80.3(a)-(d) of the Vermont Rules of Probate Procedure are amended for clarity and for consistency with other provisions of the rules and the 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.
 
Subdivision (h) was added to formalize and make uniform the affidavit procedure that is used in many probate courts.
PromulgatedAugust 28, 2012October 29, 2012
34
Deb Laferriere3/23/2013 9:46
Order Promulgating Amendments Rules 3, 7, 8, and 13 of the Vermont Rules of Small Claims Procedure
PROMULGATEDVRSCP3_7_8_13Use SHIFT+ENTER to open the menu (new window).
The amendment to V.R.S.C.P. 3(b) simplifies the rule by substituting a single 30-day response time for the answer and eliminating the acknowledgement provisions under which a defendant was allowed an additional 20 days to answer after filing an acknowledgement that the summons and complaint had been received.
 
The amendment to V.R.S.C.P. 3(d) clarifies that an answer is due either within 30 days of the date of mailing of the summons and complaint or within 30 days of service by the sheriff.
 
The amendment to V.R.S.C.P. 3(e) and the addition of 3(h) address the complexities that may arise in credit card debt collection actions by requiring the plaintiff creditor to establish the existence of the debt and ownership of it.
 
The amendment to V.R.S.C.P. 3(e) requires that a motion for default in a credit card case must be accompanied by signed evidence of the debt or, in the absence of such documentation, a credit card statement showing the debt, “or other competent evidence” of it.
 
The amendment to V.R.S.C.P. 7(d) eliminates the requirement that the judgment creditor serve an order resulting from a financial disclosure hearing by sheriff.  The change allows this service to be accomplished by first class mail.

The amendment to V.R.S.C.P. 8(c), regarding the consequences of a debtor failing to appear at a contempt hearing, eliminates the word “ordinarily” and substitutes the word “may,” recognizing that it is fully within the court’s discretion to decide what any penalty should be.
 
The amendment to V.R.S.C.P. 13 makes clear that, although V.R.C.P. 11 does not apply to small claims proceedings of its own force by virtue of V.R.S.C.P. 1(a), it may be used by analogy in a proper case when a party’s pleadings, motions, or other written submissions are calculated to impede the purpose of the small claims rules to secure “a simple, informal, and inexpensive disposition of” the claim.
 
PromulgatedJuly 10, 2013September 9, 2013
42
Deb Laferriere8/15/2013 8:23
Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct
PROPOSEDAmendmentComment3toVRPrC4.1Use SHIFT+ENTER to open the menu (new window).
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.
ProposedAugust 26, 2011
1
Deb Laferriere3/22/2013 14:05
Proposed Amendment to Rule 3(b)(2) of the Vermont Rules of Appellate Procedure
PROPOSEDVRAP3(b)(2)Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 3(b)(2) eliminates the automatic entry of appeal provision for cases in which a defendant has entered a plea of guilty or nolo contendere and has been sentenced to life imprisonment.
 
The proposed amendment to Rule 3(b)(2)(C) provides that the clerk of the unit of the Superior Court having the case transmits the necessary appeal documents to the clerk of the Supreme Court as directed by the court in cases of automatic appeal.  Otherwise, transmittal of appeal documents in life sentence cases occurs only upon timely filing of a notice of appeal by defendant or counsel consistent with the provisions of subsection 3(b)(1).
 
Comments on these proposed amendments should be sent by February 21, 2014 to P. Scott McGee, the Chair of the Criminal Rules Committee.  He can be reached by email or U.S. mail at the following addresses:
 
Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT  05055-0909
smcgee@hcsmlaw.com
Proposed
17
Deb Laferriere12/19/2013 13:34
Proposed Amendments to Rules 4(b) and 79(b) and (c) of the Vermont Rules of Civil Procedure
PROPOSEDVRCP4(b)and79(b)and(c)Use SHIFT+ENTER to open the menu (new window).

The proposed amendment to Rule 4(b) eliminates the requirement that the summons contain the email address of the court in light of the fact that a defendant cannot respond to a summons by email as the Judiciary’s system is presently constituted.
 
The proposed amendment abrogates Rule 79(b) and amends Rule 79(c) in light of the elimination of record-keeping requirements by Act 67 of 2013.
 
These proposed amendments can be found on our website at the following address:
 
Comments on these proposed amendments should be sent by February 3, 2014 to William Griffin, the Chair of the Civil Rules Committee.  He can be reached by email 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
14
Deb Laferriere12/4/2013 10:11
Proposed Amendments to Vermont Rules of Criminal Procedure
PROPOSEDVRCrP4_5_6_12_15_18_21_25_41_50_53_54_56Use SHIFT+ENTER to open the menu (new window).
The proposed amendments reflect changes in nomenclature necessitated by the Judicial Restructuring Act, Act 154 of 2009 (Adj.Sess.).  The proposed amendments also provide uniform adoption of gender neutral language in sections of the rules that have not been subject to recent amendments to do so.
 
In addition, proposed amendments of Rule 6 more accurately reflect current grand jury practice, and conform the existing rule to provisions of the current federal rule.  Proposed amendments to Rule 12 are intended to provide currency and clarity as to cognizable motions and motion practice in criminal cases. Proposed amendments to Rule 18(a) are intended to provide further clarification as to venue in cases of pending charges in multiple units, consistent with the Restructuring Act’s elimination of the “territorial unit” which was formerly of application in the determination of which unit was authorized to hear and determine criminal charges.  Proposed amendments to Rule 41(f) authorize a motion for return of property extending to property that was initially seized lawfully, per the decision in State v. Voog, 2012 VT 1.
Comments on these proposed amendments should be sent by February 21, 2014 to P. Scott McGee, the Chair of the Criminal Rules Committee.  He can be reached by email or U.S. mail at the following addresses:
 
P. Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT  05055-0909
smcgee@hcsmlaw.com
Proposed
16
Deb Laferriere1/29/2014 8:18
Proposed Amendment to Rule 16 of the Vermont Rules for Family Proceedings
PROPOSEDVRFP16Use SHIFT+ENTER to open the menu (new window).
 The proposed amendments to V.R.F.P. 16 incorporate provisions of 15 V.S.A. § 603, enacted by Act 119 (Adj. Sess.), § 2, to establish an enhanced procedure for civil contempt in the enforcement of orders of the Family Division in divorce proceedings that create a financial obligation, including child support, spousal maintenance, and lump sum property settlements.  Many of the enhanced provisions will also apply to contempt for failure to comply with nonfinancial obligations.
 
Comments on these proposed amendments should be sent by February 21, 2014 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
18
Deb Laferriere12/19/2013 11:31
Proposed Amendment to Rule 17(a)(3) of the Vermont Rules of Probate Procedure
PROPOSEDVRPP17(a)(3)Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 17(a)(3) clarifies the definition of who should be served at the outset of a guardianship proceeding.
 
Comments on these proposed amendments should be sent by February 3, 2014 to the Hon. Joanne M. Ertel, the Chair of the Probate Rules Committee.  She can be reached by email or U.S. mail at the following addresses:
 
Hon. Joanne M. Ertel
Hartford Probate Court
62 Pleasant Street
Woodstock, VT  05091
Joanne.Ertel@state.vt.us
 
Proposed
15
Deb Laferriere12/4/2013 10:12
Proposed Amendments to Rule 67 of the Vermont Rules of Probate Procedure
PROPOSEDVRPP67Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rule 67 provide a new procedural framework for addressing a problem of growing significance in Vermont–thefts of assets by fiduciaries appointed in probate proceedings.
 
Comments on these proposed amendments should be sent by December 13, 2013 to the Hon. Joanne M. Ertel, the Chair of the Probate Rules Committee.  She can be reached by e-mail or U.S. mail at the following addresses:
 
Hon. Joanne M. Ertel
Hartford Probate Court
62 Pleasant Street
Woodstock, VT  05091
Joanne.Ertel@state.vt.us
 
Proposed
12
Deb Laferriere10/14/2013 9:12
Proposed Amendment to Rule 80.1 of the Vermont Rules of Probate Procedure
PROPOSEDVRPP80.1Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rule 80.1 are intended to increase the rule’s clarity and provide consistency with the recent amendments to V.R.P.P. 4(e), 64(a) and the guardianship statutes. 
Comments on these proposed amendments should be sent by December 13, 2013 to the Hon. Joanne M. Ertel, the Chair of the Probate Rules Committee.  She can be reached by e-mail or U.S. mail at the following addresses:
 
Hon. Joanne M. Ertel
Hartford Probate Court
62 Pleasant Street
Woodstock, VT  05091
Joanne.Ertel@state.vt.us
 
Proposed
11
Deb Laferriere10/14/2013 8:50