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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
Laferriere, Deb3/26/2013 9:19
Order Promulgating Emergency Amendments to Rules 4 and Rule 5 of the Rules for Mandatory Continuing Legal Education
EmergencyAmendments toMCLE 4 and 5Use SHIFT+ENTER to open the menu (new window).

 Rule 4 is amended to add new subdivisions (c) and (d) to reflect the additional educational requirements for newly admitted attorneys set forth in Rules 12 and 15 of the Rules of Admission to the Bar of the Supreme Court. The purpose of the requirements in subdivision (c) is to expose all newly admitted attorneys to a somewhat uniform CLE curriculum on Vermont specific subjects.

 New subdivision 4(d) pertains to the new post-admission mentorship program that replaces the three-month preadmission clerkship requirement for admission to the Vermont Bar, as described in Rule 12 of the Rules of Admission.  The mentorship program requires new attorneys to perform certain legal tasks or attend certain legal proceedings or functions to become acclimated to the practice of law in Vermont.

 Rule 5 is amended to add new subparagraphs 5(b)(10)(v) and (vi).  Rule 5(b)(10)(v) grants credit for participation as a mentor in the new post-admission mentorship program that replaces the three-month clerkship requirement for admission to the Vermont Bar.

 The new Rule 5(10)(vi) caps at 10 hours the amount of CLE credit that an attorney may claim for performing work for various committees and the mentorship program, thus requiring some credit to be earned by more traditional CLE learning programs for each reporting period.

This Order was promulgated on March 14, 2016, effective April 18, 2016.

PromulgatedMarch 14, 2016April 18, 2016
98
Laferriere, Deb3/14/2016 13:15
b. Order Promulgating Amendments to Rules 9(b) and 24(d) of the Rules of Admission to the Bar of the Vermont Supreme Court
PROMULGATED Amendments to Rules of Admission 9(b) and 24(d)Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 9(b)(1) extends from three years to five years the time within which an applicant must sit for the bar exam after graduating law school or completing the LOS program.
 
The amendment to Rule 24(d) requires legal interns complete a course in evidence before conducting an evidentiary proceeding.
 
This Order was promulgated on October 5, 2016; effective December 5, 2016.
PromulgatedOctober 5, 2016December 5, 2016
110
Laferriere, Deb10/10/2016 9:48
Appendix 2-16-16 - New Rules of Admission 1-29
PROMULGATED BBE Appendix 2-16-16Use SHIFT+ENTER to open the menu (new window).
APPENDIX - This order abrogates the existing Rules of Admission to the Bar of the Vermont Supreme Court and replaces those rules with new Rules 1-29.  The new rules contain much of the same substance as the existing rules, but language has been restyled and material has been reorganized and renumbered.  The rules have also been amended to reflect adoption of the Uniform Bar Examination, and the replacement of the three-month clerkship requirement with a CLE and mentorship program.  Substantive changes are reflected in the Board’s Notes to individual rules.
PromulgatedFebruary 16, 2016April 18, 2016
93
Laferriere, Deb3/22/2016 14:39
Order Promulgating Emergency Amendment to Form 1 in the Appendix of Forms to the Vermont Rules of Civil Procedure
PROMULGATED Emergency Amendment to VRCP Form 1Use SHIFT+ENTER to open the menu (new window).
Form 1, as amended July 20, effective September 21, 2015, is further amended to cure an editorial oversight that resulted in an inconsistency with V.R.C.P. 4(b), which Form 1 implements.
 
This Order, promulgated on October 20, 2015, effective immediately.
PromulgatedOctober 20, 2015October 20, 2015
84
Laferriere, Deb3/10/2016 14:31
Order Vacating Orders of February 25, 2015, and March 25, 2015, and Promulgating Emergency Amendments to the Vermont Rules of Small Claims Procedure
PROMULGATED Emergency VRSCP3_7_10_12 SignedUse SHIFT+ENTER to open the menu (new window).
The amendments to Rules 3, 7, 10, and 12 are part of the Supreme Court’s effort to obtain cost savings in the operations of the clerk’s offices in all courts by reducing mailing costs and clerk time.  Amended Rule 3 eliminates the requirement that the clerk serve or mail documents to the parties and that the clerk notify the plaintiff if the defendant does not answer within the required time.  Service is now the parties’ responsibility.  Amended Rule 7 specifies that the judgment creditor must send a copy of any disclosure order to the judgment debtor and must file a certificate of service.  Rule 10 is amended to make clear that the parties, rather than the clerks, have the burden of providing necessary notice and service.  Rule 12 is amended to provide that the judgment debtor, rather than the clerk, must mail notice to the judgment creditor of a motion that a judgment be deemed satisfied.  The amendments also set forth the rule provisions in a simpler format for greater clarity and accessibility, with no changes in practice except as described.
 
THE COMMENT PERIOD ENDED JUNE 29, 2015.
PromulgatedApril 28, 2015May 4, 2015
73
Laferriere, Deb3/10/2016 14:33
Order Promulgating Additional Emergency Amendments to Rules 3(d) and (g), 7(a), 8(b), and 9(c) of the Vermont Rules of Small Claims Procedure
PROMULGATED FURTHER EMERGENCY VRSCP3_7_8 and 9Use SHIFT+ENTER to open the menu (new window).
Rules 3(d) and (g) as amended by emergency rule on January 11, 2016, effective April 15, 2016, are further amended to eliminate and clarify the requirements of the January 11 amendments that the parties file documents after the original complaint and answer and that the clerk process the answer and other documents before they are served. These requirements were unnecessary and imposed burdens of time and expense on the clerks’ offices.  Comparable provisions are added by simultaneous amendments to V.R.S.C.P. 7(a), 8(b), and 9(b).  Rule 9(b) was also amended to add the requirements that it be “appropriate” for the clerk to provide the writ to assure that the creditor is entitled to the writ.
 
PromulgatedMarch 7, 2016April 15, 2016
95
Laferriere, Deb3/10/2016 14:09
Order Promulgating Amendments to the Rules of Admission
PROMULGATED Order BBE Rules 2-16-16Use SHIFT+ENTER to open the menu (new window).
This order abrogates the existing Rules of Admission to the Bar of the Vermont Supreme Court and replaces those rules with new Rules 1-29.  The new rules contain much of the same substance as the existing rules, but language has been restyled and material has been reorganized and renumbered.  The rules have also been amended to reflect adoption of the Uniform Bar Examination, and the replacement of the three-month clerkship requirement with a CLE and mentorship program.  Substantive changes are reflected in the Board’s Notes to individual rules.
PromulgatedFebruary 16, 2016April 18, 2016
94
Laferriere, Deb3/10/2016 14:24
Order Promulgating Amendments to V.R.Cr.P. 4, 5, 6, 12, 15, 18, 21, 25, 41, 50, 53, 54, and 56
PROMULGATED VRCrP4_5_6_12_15_18_21_25_41_53_53_54_56 - December 2014Use SHIFT+ENTER to open the menu (new window).
This Order includes amendments to V.R.Cr.P. 4, 5, 6, 12, 15, 18, 21, 25, 41, 50, 53, 54, and 56.  There are both technical and substantive amendments.  The technical amendments are throughout and make two general changes.  First, the technical amendments reflect changes in nomenclature necessitated by the Judicial Restructuring Act, Act 154 of 2009 (Adj.Sess.), and second, they provide uniform adoption of gender-neutral language.
 
In addition, the Order includes substantive amendments to V.R.Cr.P. 6, 12, 18, and 41.  The amendments to Rule 6 more accurately reflect current grand jury practice, and conform the existing rule to provisions of the current federal rule.  The amendments also reorganize and revise Rule 6(f) regarding secrecy and disclosure of grand jury matters. The amendments to Rule 12 provide currency and clarity as to cognizable motions and motion practice in criminal cases.  The amendments to Rule 18(a) provide further clarification as to venue in cases where charges are pending 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.  The amendments to Rule 41(f) extend the grounds for filing a motion for return of property to property that was initially seized lawfully and not contraband, per the decision in State v. Voog, 2012 VT 1, 191 Vt. 183, 45 A.3d 43.
 
These amendments were promulgated on December 11, 2014, and effective February 13, 2015.
PromulgatedDecember 11, 2014February 13, 2015
60
Laferriere, Deb12/15/2014 15:34
Order Promulgating Amendments to Rules 1.0, 1.5, 1.15(b) and (c), 1.15A(a), and 8.3(c) of the Vermont Rules of Professional Conduct
PROMULGATED VRPrC1(o)-(p)_1.5(f)-(g)_1.15(b)-(c)_1.15A(a)_8.3(c)Use SHIFT+ENTER to open the menu (new window).
Rules 1.5(f) and (g) are added to clarify the conditions that apply to a lawyer's acceptance of a nonrefundable fee.  Under the amended rule, nonrefundable fees are permissible as long as they are reasonable and advance consent is obtained.
 
Rules 1.0(o) and (p) are added to define terms used in the simultaneous amendments of Rule 1.5(f) and (g).

The amendment to Rule 1.15(b) clarifies that the funds that a lawyer may keep in a client trust account to cover service charges is that “reasonably” necessary for that purpose, making clear that the rules do not provide a fixed amount or percentage but will be applied on a case-by-case basis. The amendment to Rule 1.15(c) provides for consistency with the simultaneous addition of Rules 1.5(f) and (g).
The amendment to Rule 1.15A(a) clarifies that funds held by a lawyer in a “fiduciary account” as further defined by the amendment may be held in an IOLTA account created pursuant to Rule 1.15B “in appropriate circumstances”—that is, when the funds meet the standard of Rule 1.15B(a)(1) that they “are not reasonably expected to earn net interest or dividends” as defined in Rule 1.15B(a)(2)(i). 
 
The amendment to Rule 1.15A(a)(4) requires a lawyer to maintain records documenting at least monthly reconciliation of all accounts maintained pursuant to Rule 1.15A. 
Rule 8.3(c) exempts Bar Counsel from the requirement of disclosure of information about misconduct otherwise required by
 
Rule 8.3(a) when Bar Counsel is responding to an inquiry from an attorney pursuant to A.O. 9, Rules 3(B)(1) and 9.  The purpose of the amendment is to maintain the integrity of the inquiry process.
 
PromulgatedMarch 7, 2016May 9, 2016
97
Laferriere, Deb3/10/2016 14:48
Order Promulgating Amendments to § § 7 and 8 of Administrative Order No. 41
PROMULGATEDA.O.41sec7and8Use SHIFT+ENTER to open the menu (new window).
The amendments to § 7 of Administrative Order No. 41 are for style and substance.  The stylistic changes are intended to make the rule more readable by breaking the requirements into subdivisions and adding headings.  The substantive change relates to the requirements about the certification of good standing with respect to taxes.  The rule is amended to require that an attorney submit a written declaration under the pains and penalties of perjury that the attorney is in good standing for tax purposes. 
 
The amendment to § 8 adds to the definition of good standing for tax purposes that the attorney has filed all returns.  This makes the definition consistent with that in the general statute on licensing.  See 32 V.S.A. § 3113(g). 
 
This amendment was promulgated on April 26, 2016; effective May 2, 2016.
PromulgatedApril 26, 2016May 2, 2016
99
Laferriere, Deb4/26/2016 10:42
Order Promulgating Amendments to Administrative Order No. 18
PROMULGATEDAdministrative Order 18Use SHIFT+ENTER to open the menu (new window).
These amendments, promulgated on February 9, 2015, and effective immediately, reflect that the position of administrative judge is now referred to as the Chief Superior Judge, and clarify the duties of that position.
 
PromulgatedFebruary 9, 2015February 9, 2015
68
Laferriere, Deb2/24/2015 8:14
Order Amending Rule 1 of Administrative Order No. 9
PROMULGATEDAdministrative Order No. 9 - amendment to Rule 1Use SHIFT+ENTER to open the menu (new window).
This amendment increases the terms for the seven Professional Responsibility Board members from three to five years and staggers the appointments over a seven-year appointment cycle.  The rule amendment also provides that a person may be appointed to serve the remainder of an unexpired term and then may serve no more than two consecutive five-year terms.
PromulgatedJanuary 11, 2016March 11, 2016
90
Laferriere, Deb1/12/2016 15:02
Order Promulgating Amendments to Administrative Order No. 13
PROMULGATEDAdministrative Order13.amendedMarch2015Use SHIFT+ENTER to open the menu (new window).
The amendments, promulgated on March 9, 2015 and effective immediately, reflect that the position of administrative judge is now referred to as the Chief Superior Judge, clarify the four divisions within each unit geographic region, and clarify that the Environmental Division has statewide jurisdiction.
PromulgatedMarch 9, 2015March 9, 2015
70
Laferriere, Deb3/10/2015 14:55
Order Promulgating Amendment to Administrative Order No. 14
PROMULGATEDAdministrativeOrder 14.amendedMarch2015Use SHIFT+ENTER to open the menu (new window).
This amendment updates the assignments for the Appellate and Administrative Responsibilities of the Supreme Court.
 
PromulgatedMarch 9, 2015March 9, 2015
71
Laferriere, Deb3/10/2015 14:56
Order Promulgating the Addition of Comment 14 to Rule 1.2 of the Vermont Rules of Professional Conduct
PROMULGATEDComment to V.R.Pr.C. 1.2Use SHIFT+ENTER to open the menu (new window).
Comment [14] is added to clarify that Rule 1.2(d) does not prohibit Vermont lawyers from providing legal advice and legal assistance to clients on issues related to Vermont’s laws regulating marijuana and allowing some permissible uses.  Rule 1.2(d) does not draw a distinction between state and federal law.  Therefore, while the Department of Justice’s current enforcement policy is to focus prosecutorial resources on activities other than those that are legal under state-approved regulatory schemes, marijuana remains an illegal controlled substance under the Federal Controlled Substances Act.  See 21 U.S.C. §§ 801-904.  Arguably, a lawyer violates Rule 1.2(d) by providing a client with legal advice and legal assistance necessary to set up a dispensary of therapeutic cannabis that is legal under Vermont law.  The amendment clarifies that such legal advice and assistance is not a violation of the rule.
 
This Order was promulgated on August 25, 2016, effective October 31, 2016.
PromulgatedAugust 25, 2016October 31, 2016
107
Laferriere, Deb8/29/2016 14:46
Order Promulgating Amendments to Conform Provisions of the Vermont Rules of Civil Procedure, Rules of Evidence, Rules for Family Proceedings, and Rules for Public Access to Court Records, and Administrative Orders of this Court to Rules 4.0-4.3 of the
PROMULGATEDConformingProvisionsreVRFPUse SHIFT+ENTER to open the menu (new window).
These amendments conform the rules with the simultaneous abrogation of former V.R.F.P. 4 and promulgation of restyled and reorganized V.R.F.P. 4.0-4.3.
 
This Order was promulgated on August 25, 2016, effective December 5, 2016.
PromulgatedAugust 25, 2016December 5, 2016
109
Laferriere, Deb8/29/2016 13:46
Order Promulgating the Continuation and Amendment of the Emergency Amendments to Vermont Rules of Small Claims Procedure
PROMULGATEDEmergencyAmendments to VRSCP3_7_8_9_10_12January2016Use SHIFT+ENTER to open the menu (new window).
This Order continues emergency amendments promulgated on April 28, 2015, effective May 4, 2015.  It further amends Rules 3, 7, 8, 9, and 10 regarding delivery of court documents electronically to registered filers.
PromulgatedJanuary 11, 2016April 15, 2016
91
Laferriere, Deb3/10/2016 14:25
Order Promulgating Emergency Amendments to Administrative Order No. 38
PROMULGATEDEmergencyAO38amendmentUse SHIFT+ENTER to open the menu (new window).
The emergency amendments, promulgated on June 8, 2015 and effective immediately, clarify the provisions of Section II(c) concerning the record of a proceeding conducted by video conferencing equipment.  The proceeding must be recorded verbatim by the court’s audio-visual or audio recording system or by any other approved method, which could include an approved shorthand reporter.  In whatever form, the recording is to be made part of the record.  The language of the order is also amended to provide the current nomenclature for the units of the court system.
 
THE COMMENT PERIOD ENDED ON AUGUST 7, 2015.
PromulgatedJune 8, 2015June 8, 2015
74
Laferriere, Deb3/10/2016 14:33
Emergency Order Extending Effective Date for Amendments to the Vermont Rules for Electronic Filing and the Vermont Rules for Environmental Court Proceedings and Promulgating Emergency Amendments to the Vermont Rules for Electronic Filing
PROMULGATEDEmergencyExtensionofEffectiveDate VREF1, 2, 11 and VRECP 3, 4, 5 EmergencyVREF1(a)(2) and 2(b)(6)Use SHIFT+ENTER to open the menu (new window).
This emergency order extends the effective date until January 4, 2016 for implementing electronic filing in the Environmental Division.  The effective date is extended until January 4, 2016 for the amendments to Rules 1, 2, and 11 of the Vermont Rules for Electronic Filing and Rules 3, 4, and 5 of the Vermont Rules for Environmental Court Proceedings, promulgated on July 1, 2015.  Rules 1(a)(2) and 2(b)(6) are amended consistent with the extension of the effective date.
 
PromulgatedAugust 5, 2015August 5, 2015
81
Laferriere, Deb1/22/2016 7:53
Promulgation Order Making Permanent Emergency Amendments to V.R.F.P. 12(a) and (d)
PROMULGATEDEMERGENCYMadePermanentVRFP12(a)and(d)Use SHIFT+ENTER to open the menu (new window).
The emergency order promulgated on July 16, 2014, has been made permanent.  The amendments to Rule 12(a) and (d) incorporate legislative amendments to those provisions enacted by Act 192 of 2013 (Adj. Sess.), § 22 (effective July 1, 2014).  The amendments add provisions for granting, modifying, and vacating stays of orders of involuntary medication granted by a judge of the family division under provisions of
18 V.S.A. amended or added by the Act.  The rule amendments are identical to the legislative amendments except that typographical errors are corrected, usual rule formatting is followed, and references to subsections of Rule 4(d)(2)(B)(ii) are changed to be consistent with the usual style of rules.
 
The permanent amendment was promulgated on December 11, 2014, and effective February 13, 2015.
PromulgatedDecember 11, 2014February 13, 2015
61
Laferriere, Deb12/12/2014 15:47
Emergency Order Promulgating Amendments to Rule 11(b)(3) of the Vermont Rules of Appellate Procedure
PROMULGATEDEmergencyVRAP11(b)(3)Use SHIFT+ENTER to open the menu (new window).
Rule 11(b)(3) is amended as part of the Supreme Court’s effort to obtain cost savings in the operations of the clerk’s offices in all courts by saving clerk time in preparing the record for appeal.  The amendment does not relieve the superior court clerks of their obligation to assure that trial court files sent to the Supreme Court for appeals contain all of the case documents in chronological order.
 
THE COMMENT PERIOD ENDED ON MAY 11, 2015.
 
 
PromulgatedMarch 9, 2015April 11, 2015
72
Laferriere, Deb3/10/2016 14:36
Order Promulgating Emergency Amendments to V.R.C.P. 80.6(e)
PROMULGATEDEMERGENCYVRCP80.6(e)Use SHIFT+ENTER to open the menu (new window).
This emergency amendment brings Rule 80.6 into compliance with statutory changes in time to assure federal National Highway Traffic funding for the pilot phase of an e-citation project in the Judicial Bureau scheduled to begin April 1, 2016.
PromulgatedJanuary 11, 2016April 1, 2016
89
Laferriere, Deb1/12/2016 14:30
Order Promulgating Emergency Amendment to Rule 4(r)(3) of the Vermont Rules for Family Proceedings
PROMULGATEDEmergencyVRFP4(r)Use SHIFT+ENTER to open the menu (new window).
This emergency amendment amends Rule 4(r) to conform to an amendment of 32 V.S.A. § 1758 by § E.204.10 of Act 58 of 2015, effective July 1, 2015. The Act permits the Superior Court to order the parties to share the cost of a master in a contested distribution of property exceeding $500,000 in value or a claim for maintenance where there is nonwage income of $150,000 or more, excluding up to $500,000 of income from the sale of a primary residence or jointly owned business.
 
This emergency amendment was promulgated on July 1, 2015; effective immediately.
 
The comment period on this emergency amendment ended on September 1, 2015.
PromulgatedSeptember 1, 2015July 1, 2015July 1, 2015
75
Laferriere, Deb3/10/2016 14:32
Order Promulgating Amendments to Rules 5, 10 and 11 of the Rules for Mandatory Continuing Legal Education
PROMULGATEDMCLE 5(b)(1)(ii)and(iv)_10 and 11(c)Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 5(b)(10)(ii) clarifies that an attorney may not double-count time spent reviewing small claims cases with time spent hearing those cases on the same acting judge assignment.  The amendment to Rule 5(b)(10)(iv) provides for up to 10 hours of CLE credit for members and associate members of the Board of Bar Examiners.  The amendment to Rule 10(b) corrects a typographical error in the rules.  Rule 11(c) is added to require an attorney who seeks to return from inactive to active status to complete twenty hours of unfulfilled continuing legal education within the two years immediately preceding the application for reinstatement.
 
These amendments were promulgated on January 9, 2015, effective March 9, 2015.
PromulgatedJanuary 9, 2015March 9, 2015
67
Laferriere, Deb1/12/2015 14:11
Order Promulgating Amendment to § 13 of the Rules of Admission to the Bar of the Vermont Supreme Court
PROMULGATEDRules of Admission-Section 13withDissentUse SHIFT+ENTER to open the menu (new window).
The amendment makes two changes to the requirements for law student interns.  A law student in good standing will be eligible to practice as a law student intern after completing three semesters, or the equivalent, instead of four.  The amendment also eliminates the requirement of a course in evidence as a prerequisite to practice under this rule.  Former paragraphs (d), (e) and (f) have been redesignated as (c), (d) and (e).
PromulgatedSeptember 15, 2015November 16, 2015
83
Laferriere, Deb9/16/2015 13:58
Order Promulgating Amendments to Rules 3(b)(2) and 10(b)(3) of the Vermont Rules of Appellate Procedure
PROMULGATEDVRAP3(b)(2) and 10(b)(3)Use SHIFT+ENTER to open the menu (new window).
Rule 3(b)(2) is amended to eliminate the automatic entry of appeal provision for cases in which a defendant who is represented by counsel has entered a plea of guilty or nolo contendere and has been sentenced to life imprisonment.
 
Rule 10(b)(3) is amended consistent with a contemporaneous amendment to Rule 3(b)(2) to clarify that the clerk is not obligated to order a complete transcript of the proceedings in life imprisonment cases when a plea of guilty or nolo contendere is entered.
PromulgatedAugust 5, 2015October 5, 2015
82
Laferriere, Deb8/6/2015 7:35
Order Promulgating Amendments to Rules 4(b), 4(l)(3)(H), 5(d) and 5(h) to the Vermont Rules of Civil Procedure and the Appendix of Forms
PROMULGATEDVRCP4(b)-5(h)+Forms 1, 1B, 1C, 28 and 29Use SHIFT+ENTER to open the menu (new window).
The amendments to Rules 4(b) and 4(l)(3)(H) address a problem that arises frequently with the increase of self-representation that courts do not have proper contact information for self-represented defendants.  These amendments require the plaintiff to include with the summons a blank Notice of Appearance form.  Self-represented defendants must complete the form to provide contact information to the court and to comply with V.R.C.P. 79.1(d).
 
The amendment to Rule 5(d) deletes the provision that a filing by an attorney constitutes a representation that the paper filed has been or will be served.  The amendment removes language inconsistent with simultaneously adopted V.R.C.P. 5(h), which requires a certificate of service to be filed by an attorney as well as by a self-represented litigant.
 
The addition of Rule 5(h) also addresses a problem resulting from the increase in self-represented parties, who are unfamiliar with the service requirement of V.R.C.P. 5(a).  This amendment requires the parties to file a certificate of service when filing any document with the court.
 
The amendments to Form 1 and Form 1B alert a self-represented defendant that he or she must complete and file Form 28 (Notice of Appearance for Self-Represented Litigant).  Form 1C (Waiver of Service of Summons) provides for submission of Form 28.  Form 29 is a Certificate of Service.
PromulgatedJuly 20, 2015September 21, 2015
80
Laferriere, Deb8/6/2015 7:33
Order Promulgating Amendments to Rules 4, 16.3 and 80.10 of the Vermont Rules of Civil Procedure
PROMULGATEDVRCP4_16.3and80.10Use SHIFT+ENTER to open the menu (new window).
 Rule 4(d)(2) is amended to provide a uniform, easily administered method of service of complaints and material information on the Vermont Attorney General as required by the state and federal False Claims Acts.
 Rule 16.3, originally promulgated in 1999, is abrogated and replaced by the present rule, which is intended to conform to present practice and provide a simplified mediation rule for cases under the civil rules.  The title of the new rule and references throughout are “Mediation,” rather than “Alternative Dispute Resolution,” reflecting that other forms of ADR are no longer required or governed by the rule.
 
 Rule 80.10(e) regarding orders against stalking or sexual assault is amended consistent with the amendment of V.R.F.P. 9(e), effective September 21, 2015, to provide that the denial of a stalking or sexual assault order under Rule 80.10 must inform the plaintiff that a request for hearing may be entered within five business days after the order is entered on the docket.
 
The amendment is intended to expedite proceedings for holding a hearing when an ex parte temporary relief from abuse order has been denied by requiring that the written denial must inform the plaintiff that the request for hearing must be filed within five business days after entry of the denial on the docket.

This Order was promulgated on July 11, 2016, effective September 12, 2016.


PromulgatedJuly 11, 2016September 12, 2016
106
Laferriere, Deb7/14/2016 9:53
Promulgation Order for Amendments to V.R.C.P. 45(a)(4) and (b)(1)
PROMULGATEDVRCP45(a)(4)45(b)(1)Use SHIFT+ENTER to open the menu (new window).
The amendments to Rule 45 incorporate the subpoena notice provisions in the language of the recently amended Federal Rule 45 and move the notice requirement from Rule 45(b)(1) to Rule 45(a)(4).
 
The amendments to V.R.C.P. 45(a)(4) and (b)(1), promulgated on December 11, 2014 and effective February 11, 2015.
PromulgatedDecember 11, 2014February 13, 2015
64
Laferriere, Deb12/15/2014 8:17
Order Promulgating the Addition of Rule 80.11 to the Vermont Rules of Civil Procedure
PROMULGATEDVRCP80.11Use SHIFT+ENTER to open the menu (new window).
The rule creates an expedited procedure with an effective, efficient, and predictable case management process for lower-value or less-complicated cases.  The Advisory Committee on the Rules of Civil Procedure has been directed to review the operation of the rule and to advise the Court not later than August 17, 2018 whether the rule should be further revised or made permanent.  In the absence of further order, the rule will be void and of no further effect in any civil action commenced after August 16, 2019.
PromulgatedJune 15, 2016August 15, 2016
103
Laferriere, Deb6/15/2016 7:17
Order Promulgating Emergency Amendments to Rule 80.11 of the Vermont Rules of Civil Procedure
PROMULGATEDVRCP80.11emergencytechnicalamendmentsUse SHIFT+ENTER to open the menu (new window).
Rule 80.11 as added June 15, effective August 15, 2016, is amended to reflect the abrogation and replacement of V.R.C.P. 16.3.  New Rule 16.3 significantly simplifies the procedure of the former rule and provides only for mediation, rather than for a variety of alternative dispute resolution methods.  The present amendments are intended to reflect those changes by substituting “mediation” for “alternative dispute resolution” wherever it appears and replacing cross-references to former Rule 16.3 with references to the appropriate provisions of the new rule.
 
This Emergency Order was promulgated on July 11, 2016, effective September 12, 2016.
PromulgatedJuly 11, 2016September 12, 2016
105
Laferriere, Deb7/14/2016 9:53
Order Promulgating Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules of Small Claims Procedure
PROMULGATEDVRCP9 1(h)_55(b)_VRSCP3Use SHIFT+ENTER to open the menu (new window).
V.R.C.P. 9.1 is added to incorporate in the civil rules the pleading requirements for an action on a credit card debt added to the Vermont Rules of Small Claims Procedure by the addition of V.R.S.C.P. 3(h) in a 2013 amendment and a simultaneous 2015 clarifying amendment to V.R.S.C.P. 3(h)(7).
 
By simultaneous amendment, V.R.C.P. 55(b)(7) is added to incorporate the provisions of the 2013 amendment of V.R.S.C.P. 3(e) and a simultaneous 2015 clarifying amendment covering the requirements for a motion for default in a credit card debt action.
 
The new rules are necessary because many credit card collection actions are brought in the Superior Court, Civil Division as civil, rather than small claims, actions.  The amendments reflect best practices followed by many plaintiffs’ attorneys in such civil actions, but some do not follow the pleading and motion practice provided for small claims.  The rules will harmonize practice in small claims and civil actions and avoid the need for discovery with regard to basic items related to a credit card collection claim.
PromulgatedJuly 1, 2015September 1, 2015
76
Laferriere, Deb7/1/2015 6:32
Order Promulgating Amendments to Rule 16(d) of the Vermont Rules of Criminal Procedure
PROMULGATEDVRCrP16Use SHIFT+ENTER to open the menu (new window).
The amendment adds a new subdivision (d)(3), which provides that the prosecuting attorney is not required to disclose to the defendant information as to the residential address or place of employment of the victim, unless the court finds, based upon a preponderance of the evidence, that nondisclosure of the information will prejudice the defendant.  The amendment serves to implement the provisions of 13 V.S.A. § 5310, while expressly reserving the court’s authority to order that the state disclose the information where necessary to preserve a defendant’s due process and confrontation guarantees.

 This Order was promulgated on May 10, 2016, effective July 11, 2016.
PromulgatedMay 10, 2016July 11, 2016
101
Laferriere, Deb5/12/2016 12:57
a. Order Promulgating Amendment to Rule 3(c)(16) of the Vermont Rules of Criminal Procedure
PROMULGATEDVRCrP3(c)Use SHIFT+ENTER to open the menu (new window).
Rule 3(c) prescribes those nonwitnessed misdemeanor offenses for which a law enforcement officer, having probable cause, is authorized to arrest a person.  The amendment to Rule 3(c)(16) conforms the nomenclature describing the offense of cruelty to a child to legislative enactment amending 13 V.S.A. § 1304.  Per Act No. 60 of 2015, § 25, the Legislature amended the statute to create a felony offense of cruelty to a child, but retained codification of a misdemeanor offense in § 1304(a), which is the subject of V.R.Cr.P. 3(c)(16), recaptioning the section title as “Cruelty to a Child,” and deleting former reference in the section title to age of either the child or the defendant. The amendment makes a nonsubstantive change to the title of the offense specified.
 
This Order was promulgated on October 5, 2016, effective December 5, 2016.
PromulgatedOctober 5, 2016December 5, 2016
111
Laferriere, Deb10/10/2016 9:45
Order Promulgating Amendments to Rule 41(e) of the Vermont Rules of Criminal Procedure
PROMULGATEDVRCrP41Use SHIFT+ENTER to open the menu (new window).
The amendments to Rule 41(e)(4), (5) and (6) authorize the filing of search warrant returns and accompanying documents by reliable electronic means to facilitate prompt filing where great distances, or particular circumstances of completion of the return, would otherwise impede timely submission of search warrant returns as contemplated by Rule 41, consistent with the warrant “accountability” procedures adopted in 2013.  Subdivision 41(d)(4) already provides for the electronic application for and issuance of search warrants, and at this juncture there is general understanding of and experience with the process of issuing search warrants by reliable electronic means.  The present amendment adds the filing of returns to this established process of transmission of warrant documents by reliable electronic means.  The amendment adds the requirement that, in event of electronic submission, the original return and accompanying documents that were prepared by the executing officers must be subsequently filed with the court no later than 15 days following electronic submission to avert any dispute as to which are the original, and operative, return, inventory and other accompanying documents. 

 This Order was promulgated on May 10, 2016, effective August 15, 2016.
PromulgatedMay 10, 2016August 15, 2016
102
Laferriere, Deb5/12/2016 12:59
Order Promulgating Amendment to Rule 5 of the Vermont Rules of Criminal Procedure
PROMULGATEDVRCrP5Use SHIFT+ENTER to open the menu (new window).

The amendments to Rule 5 add a new subdivision 5(e), and former subdivisions (e), (f), (g), and (h) are now designated as (f), (g), (h), and (i) respectively.  New subdivision 5(e) is added in response to the passage of Act No. 195 of 2013 (Adj. Sess.), establishing a system of pretrial risk assessments and needs screenings that may be voluntarily engaged in by defendants in: (a) felony cases excepting listed crimes; (b) felony or misdemeanor drug offenses; (c) cases in which showing is made that a defendant has a substantial substance-abuse or mental-health issue, and (d) all other cases, with limited exceptions, where the defendant has been held, unable to make bail, for over 24 hours after lodging, or (e) in more limited circumstances, ordered by the Court (and not voluntarily) as a condition of release under 13 V.S.A. § 7554.  See 2013, No. 195 (Adj. Sess.), § 2, codified at 13 V.S.A. § 7554c.  It is anticipated that the system will be phased in over a period of approximately ten months, beginning with defendants referenced in category (a).

This Order was promulgated on May 10, 2016, effective July 11, 2016.

PromulgatedMay 10, 2016July 11, 2016
100
Laferriere, Deb5/12/2016 13:16
Order Promulgating Permanent Amendments to Rules 5 and 11 of the Vermont Rules of Criminal Procedure
PROMULGATEDVRCrP5and11EmergencyMadePermanentUse SHIFT+ENTER to open the menu (new window).
This Order, promulgated on June 15, 2016, effective August 15, 2016, makes permanent the emergency amendments to Rules 5 and 11 of the Vermont Rules of Criminal Procedure that were promulgated on December 21, 2015; effective January 1, 2016. 
PromulgatedJune 15, 2016August 15, 2016
104
Laferriere, Deb8/23/2016 11:49
Order Promulgating Amendment to Rule 3(c)(1) of the Vermont Rules Governing Dissemination of Electronic Case Records
PROMULGATEDVRDECR3(c)(1)Use SHIFT+ENTER to open the menu (new window).
Rule 3(c)(1) is amended for clarity by dividing the present list of personal identifiers in subparagraphs (A) and (B) that must be omitted or redacted into those issued by a governmental entity and those issued by a nongovernmental entity.  The amendment also excludes motor vehicle operators’ license numbers from the list of government-issued identifiers that must be omitted or redacted.

 
PromulgatedOctober 20, 2015December 21, 2015
85
Laferriere, Deb10/21/2015 14:23
Order Promulgating Amendments to Rule 807 of the Vermont Rules of Evidence
PROMULGATEDVRE807Use SHIFT+ENTER to open the menu (new window).
The amendments to Rule 807 removes offensive and outdated language describing individuals with disabilities and instead uses terms consistent with 2013, No. 96 (Adj. Sess.) (effective July 1, 2014), An Act Relating to Respectful Language in the Vermont Statutes Annotated.  The amendment to Rule 807(a) expands the proceedings to which it applies to now include prosecutions of domestic assault under 13 V.S.A. § 1042 or aggravated domestic assault under § 1043 or § 1044 alleged to have been committed against a child age 12 or under, or against a person with a psychiatric, intellectual or development disability.
 
These amendments were promulgated on January 9, 2015, effective March 9, 2015.
PromulgatedJanuary 9, 2015March 9, 2015
66
Laferriere, Deb1/12/2015 14:04
Order Promulgating Amendment to Rule 1(a)(1) of the Vermont Rules for Electronic Filing
PROMULGATEDVREF1(a)(1)Use SHIFT+ENTER to open the menu (new window).
 Rule 1(a)(1) is amended to provide that on and after January 25, 2016, the Vermont Rules for Electronic Filing apply in small claims actions filed in the Addison, Orange, Rutland, and Windsor Units of the Civil Division and in small claims appeals filed in the Rutland and Windsor Units.  The purpose of the amendments is to implement the small claims centralization pilot project in those counties.

This amendment was promulgated on November 23, 2015, effective January 25, 2016.
PromulgatedNovember 23, 2015January 25, 2016
87
Laferriere, Deb3/10/2016 14:26
Order Promulgating Amendments to Rules 1(a), 2 and 11 of the Vermont Rules for Electronic Filing and to Rules 3, 4 and 5 the Vermont Rules for Environmental Court Proceedings
PROMULGATEDVREF1(a)(2)and(2) and VRECP3, 4 and 5Use SHIFT+ENTER to open the menu (new window).
Rule 1(a) of the Vermont Rules for Electronic Filing is amended to reflect the extension of electronic filing to the Environmental Division, effective September 1, 2015.  Conforming changes have been made as necessary in other provisions of these rules and in provisions of the Vermont Rules for Environmental Court Proceedings.
 
NOTE:  See Emergency Order dated August 6, 2015, extending the effective date to January 4, 2016.
PromulgatedJuly 1, 2015September 1, 2015
77
Laferriere, Deb8/6/2015 11:19
Promulgation Order for Amendments to V.R.F.P. 1(a)(3)
PROMULGATEDVRFP1(a)(3)Use SHIFT+ENTER to open the menu (new window).
This amendment incorporates into juvenile delinquency proceedings V.R.Cr.P. 11.1, which requires the court to warn of possible consequences to a guilty or nolo contendre plea to possessing specific amounts of marijuana or hashish.
 
The amendments to V.R.F.P. 1(a)(3) were promulgated on December 11, 2014, and effective February 11, 2015.
PromulgatedDecember 11, 2014February 13, 2015
62
Laferriere, Deb12/12/2014 15:53
Promulgation Order for Amendments to V.R.F.P. 16
PROMULGATEDVRFP16Use SHIFT+ENTER to open the menu (new window).
The amendment incorporates provisions of 15 V.S.A. § 603 to establish an enhanced procedure for civil contempt in the enforcement of Family Division Orders.
 
The amendments to V.R.F.P. 16 were promulgated on December 11, 2014 and effective February 11, 2015.
PromulgatedDecember 11, 2014February 13, 2015
63
Laferriere, Deb12/12/2014 15:53
Order Promulgating Amendments to Rules 4(a)(2), 9(a)(2), 9(e), and 15(f)(1)(A) and the Addition of Rule 18 of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP4(a)(2), 9(a)(2)(3), 15(f)(1)(A) and 18Use SHIFT+ENTER to open the menu (new window).
Rule 18 is added to make clear that mediation may be ordered in a Family Division Proceeding and to provide standards and a procedure for the process.
 
The amendments to Rules 4(a)(2) and 9(a) make V.R.C.P. 16.3 for alternative dispute resolution inapplicable in Family Division cases given the adoption of a mediation rule.
 
The amendment to Rule 9(e) expedites proceedings for holding a hearing when an ex parte temporary relief-from-abuse order has been denied by requiring that the written denial must inform the plaintiff that the request for hearing must be filed within five business days after entry of the denial on the docket.  The time period is stated as five “business” days for the benefit of self-represented litigants.
 
The amendment to Rule 15(f)(1)(A) makes applicable to relief-from-abuse actions under Rule 9 the provision that an attorney is deemed to have withdrawn after the time for appeal of a final judgment in the proceeding has run.
PromulgatedJuly 20, 2015September 21, 2015
79
Laferriere, Deb8/6/2015 7:30
Order Making Permanent Emergency Amendment to Rule 4(r)(3) of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP4(r)(3)emergencymadepermanentUse SHIFT+ENTER to open the menu (new window).
The emergency amendment to Rule 4(r)(3) of the Vermont Rules for Family Proceedings, promulgated as an emergency amendment effective July 1, 2015, has been made permanent.
PromulgatedJanuary 11, 2016March 11, 2016
92
Laferriere, Deb3/10/2016 14:25
Order Abrogating Rule 4 of the Vermont Rules for Family Proceedings and Replacing It with new Rules 4.0-4.3.
PROMULGATEDVRFP4.0-4-3 - August 2016Use SHIFT+ENTER to open the menu (new window).
The order abrogates Rule 4 of the Vermont Rules for Family Proceedings and replaces it with new Rules 4.0-4.3.  The appendix to the promulgation order contains the new rules, which reorganize, reformat, and restyle former V.R.F.P. 4.  The purpose is to make the rules more accessible and clearer.
 
New Rule 4.0 contains provisions that are generally applicable to all civil family proceedings—divorce, legal separation, dissolution of a civil union, the affirmation or annulment of a marriage, parentage, desertion, and nonsupport.  Rule 4.1 contains additional special provisions for cases involving minor children and parentage.  Rule 4.2 contains provisions pertaining to motions after judgment. Rule 4.3 contains provisions considered to be “special procedures” within the context of civil family proceedings.


This Order waspromulgated on August 25, 2016, effective December 5, 2016.
PromulgatedAugust 25, 2016December 5, 2016
108
Laferriere, Deb8/29/2016 13:46
Order Promulgating Amendment to Vermont Rules of Public Access to Court Records 6(b)(35) and (36)
PROMULGATEDVRPACR 6(b)(35)and(36)Use SHIFT+ENTER to open the menu (new window).
The amendment renumbers former § 6(b)(35) as § 6(b)(36).  The new § 6(b)(35) partially implements the confidentiality requirements of 13 V.S.A. § 7554c enacted by Act 195 which establishes procedures for pretrial risk assessment and needs screening for persons charged with offenses other than serious offenses.
PromulgatedNovember 13, 2014January 1, 2015
59
Laferriere, Deb11/18/2014 10:16
Promulgation Order for Amendments to V.R.P.P. 3, 4, and 5
PROMULGATEDVRPP 3_4_5Use SHIFT+ENTER to open the menu (new window).
The amendments to Rule 3 clarify the procedure for opening probate proceedings and incorporate recent legislative changes.  The amendments to Rule 4(a) provide consistency with the simultaneous amendments of V.R.P.P. 3 and make clear that the rule provides for service in decedent’s estate, guardianship and trust proceedings.  The amendment to Rule 4(b) deletes the last sentence because the simultaneous amendments to V.R.P.P. 3(b)(1) and 4(a) require that the will or trust instrument be attached to the petition.  Rule 5(b) and (f) are amended in the interests of uniformity to adapt for probate proceedings 2006 amendments of V.R.C.P. 5(b) and (e) concerning methods of serving and filing documents after the initial pleading.
 
The amendments to V.R.P.P. 3, 4, and 5, promulgated on December 11, 2014 and effective February 11, 2015.
PromulgatedDecember 11, 2014February 13, 2015
65
Laferriere, Deb1/20/2015 14:49
Order Promulgating Addition of Rule 16.1 to the Vermont Rules of Probate Procedure
PROMULGATEDVRPP16.1Use SHIFT+ENTER to open the menu (new window).
Rule 16.1 is added to clarify that mediation may be ordered in a Probate Division proceeding and to provide standards and a procedure for the process.
PromulgatedMarch 7, 2016May 9, 2016
96
Laferriere, Deb3/10/2016 14:24
Order Promulgating Amendments to Rules 3 and 7 and Addition of Rule 80.4 of the Vermont Rules of Probate Procedure
PROMULGATEDVRPP3_7_80.4Use SHIFT+ENTER to open the menu (new window).
Rule 3(b)(2) is adopted to provide an expedited procedure for dealing with an estate with no assets.  Former 3(b)(2) is renumbered as paragraph (3).
 
Rule 7 is amended by the addition of paragraphs (b)(3) and (4), the insertion of a new subdivision (c), and the redesignation of former (c) as (d).  The amendment is intended to provide a clear and uniform practice for making and hearing motions for all units of the Probate Division.
 
New Rule 80.4 is adopted to provide a uniform procedure for carrying out the responsibilities imposed by 14 V.S.A. § 103 on the custodian of a will who learns of the death of a testator. New Rule 80.4(b) provides that, when the Probate Division has custody of a will for safekeeping in accordance with 14 V.S.A. § 2, the register may reveal the existence of the will upon inquiry and presentation of a death certificate.
PromulgatedJuly 1, 2015September 1, 2015
78
Laferriere, Deb7/1/2015 6:37
Order Promulgating Amendments to Rules 47 and 77 of the Vermont Rules of Probate Procedure
PROMULGATEDVRPP47and77Use SHIFT+ENTER to open the menu (new window).
In the interests of uniformity, the amendments to Rule 47 require all units of the Probate Division to record all proceedings, with specific exceptions for proceedings that are normally nonadversarial or where confidentiality may be an issue.  Amended subdivision (b) makes clear that the court may require recording of one of the excepted proceedings on its own or a party’s motion.
This Order was promulgated on November 23, 2015, effective January 25, 2016.
PromulgatedNovember 23, 2015January 25, 2016
86
Laferriere, Deb11/25/2015 7:40
Proposed Order Amending Administrative Order No. 10
PROPOSED AO 10 Code Judicial Conduct ApplicationUse SHIFT+ENTER to open the menu (new window).
The proposed amendment to section B(1) of the “Application of the Code of Judicial Conduct” removes the exemption for financial reporting for continuing part-time judges, which the Terminology section [3] defines as including “judges of probate and assistant judges.” The proposed amendment would require continuing part-time judges to submit a financial disclosure form to make their sources of income more transparent.
 
Comments on these proposed amendments should be sent by February 3, 2017 to Andrew Maass, Esq., incoming Chair of the Judicial Conduct Board, at the following address:
 
Andrew H. Maass, Esq.
Ryan, Smith & Carbine
PO Box 310
Rutland, VT  057012-0310
ahm@rsclaw.com
ProposedJanuary 30, 2017
39
Laferriere, Deb12/1/2016 8:57
Proposed Amendments to Rules 4 and 5 of the Vermont Rules of Environmental Court
PROPOSED environmental day is a dayUse SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rule 4 conform its 5, 7, 10 and 15 day time periods to the simultaneous amendment of V.R.C.P. 6(a), which adopts the day-is-a-day counting system.
 The proposed amendments to Rule 5 conform its 5, 10, 20 and 30 day time periods to the simultaneous amendment of V.R.C.P. 6(a), which adopts the day-is-a-day counting system.
 
The 30-day time period for appeal in Rule 5(b)(k)(2) is retained for consistency with other appeal periods.
 
THE COMMENT PERIOD CLOSED ON JULY 15, 2016. 
Proposed
31
Laferriere, Deb8/23/2016 14:21
Proposed Amendments to the Vermont Rules of Probate Procedure (“Day is a Day”)
PROPOSED Probate Day is a DayUse SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 4(e) of the Vermont Rules of Probate Procedure conforms its time period to the simultaneous amendment of Rule 6(a).
 
The proposed amendment to Rule 6(a) adopts the “day is a day” rule, a simplified method of computing time periods by incorporating, with minor changes, the language of a similarly proposed amendment to V.R.C.P. 6(a), which in turn, is based upon a 2009 amendment to F.R.C.P. 6(a). The amendments serve the purposes of both achieving simplicity and maintaining uniformity with the Vermont Civil Rules and the federal practice.
 
Comments on these proposed amendments should be sent by February 3, 2017 to Hon. Joanne Ertel, Chair of the Probate Rules Committee, at the following address:
 
Hon. Joanne M. Ertel
Windsor Probate Division
12 The Green
Woodstock, VT  05091
Joanne.Ertel@vermont.gov
ProposedJanuary 30, 2017
37
Laferriere, Deb12/1/2016 8:55
Proposed Amendments to the Vermont Rules of Small Claims Procedure (“Day is a Day”)
PROPOSED Small Claims Day is a DayUse SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rule 10 and 12 of the Vermont Rules of Small Claims Procedure conforms its time periods to the similarly proposed amendment of Rule 6(a) of the Vermont Rules of Civil Procedure, which adopts the “day is a day” rule, a simplified method of computing time periods by incorporating, with minor changes, the language of a 2009 amendment to F.R.C.P. 6(a).  The amendments serve the purposes of both achieving simplicity and maintaining uniformity in all proceedings.
 
Comments on these proposed amendments should be sent by
February 3, 2017 to Allan Keyes, Esq., Chair of the Civil Rules Committee, at the following address:
 
Allan Keyes, Esq., Chair
Civil Rules Committee
Ryan Smith & Carbine, Ltd.
P.O. Box 310
Rutland, VT  05702 0310
ark@rsclaw.com
 
ProposedJanuary 30, 2017
38
Laferriere, Deb12/1/2016 8:56
Proposed Amendment to Rule 43(f) of the Vermont Rules of Civil Procedure
PROPOSED VRCP43(f)Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 43(f) makes clear that the requirements in actions in the Civil Division of the Superior Court for court appointment of interpreters for persons with limited English proficiency (LEP) or hearing impairments comply with federal law.
 
THE COMMENT PERIOD CLOSED ON OCTOBER 5, 2015.
Proposed
14
Laferriere, Deb8/23/2016 14:21
Proposed Order Amending Rule 5 of the Vermont Rules of Civil Procedure
PROPOSED VRCP5Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rule 5 of the Vermont Rules of Civil Procedure establish procedures for service and filing of documents under the rule by electronic means in all divisions and units of the superior court.  Under the proposed rule, documents must be served by electronic means if required by the Vermont Rules for Electronic Filing, and in all other cases documents may be served by electronic means if the parties have agreed in writing and the writing is filed with the court.
 
THE COMMENT PERIOD CLOSED ON DECEMBER 21, 2015.
Proposed
17
Laferriere, Deb2/16/2016 13:36
Proposed Amendments to Rules 4(a), 5(e) and 80.2(a) of the Vermont Rules of Probate Procedure
PROPOSED VRPP4(a)_5(e)_80.2Use SHIFT+ENTER to open the menu (new window).
Rule 4(a) is amended to adopt language of V.R.C.P. 4(b) and to address a problem that arises with increasing frequency with the increase of self-representation.  The amendment provides that a notice shall comply with the format provisions of the Vermont Rules for Electronic Filing, if applicable.  The petitioner must also include with the notice a blank Notice of Appearance form.  By providing a blank notice of appearance form at the time the complaint is served, unrepresented defendants will be encouraged to provide contact information for the court as well as to comply with V.R.P.P. 79.1(c).
 
Rule 5(e) is replaced by language virtually identical to V.R.C.P. 5(h) requiring a separate certificate of service to be filed after service of any document under Rule 5.
 Rule 80.2(a) is amended to conform to present practice.  The petition will conform to the requirements of Rule 3 to the extent not inconsistent with this rule.  The representation as to the location of real property is necessary to establish jurisdiction and venue.
 
THE COMMENT PERIOD CLOSED ON AUGUST 15, 2016.
Proposed
33
Laferriere, Deb8/23/2016 14:20
Proposed Amendments to the Vermont Rules of Appellate Procedure (“Day is a Day”)
PROPOSEDVRAP day is a dayUse SHIFT+ENTER to open the menu (new window).

The proposed amendments to Rules 3, 4, 5, 5.1, 6, 10, 11, 26, 27, 28, 31, 31.1, 39, and 45.1 conform their 5-day, 7-day and 10-day time periods to the simultaneous amendment of V.R.C.P. 6(a) and provide for internal consistency with appellate motion practice.

The proposed amendment to Rule 4(b)(7) provides internal consistency with the simultaneous amendments to V.R.C.P. 50 and 52.

The proposed amendments to Rule 26 incorporate a specific reference to the simultaneous amendment of V.R.C.P. 6(a), deletes V.R.A.P. 26(c) for consistency with the simultaneous deletion of V.R.C.P. 6(e), and redesignates V.R.A.P. 26(d) and (e) as 26(c) and (d).

THE COMMENT PERIOD CLOSED ON OCTOBER 5, 2015.

Proposed
11
Laferriere, Deb8/23/2016 14:22
Proposed Order Adding Rule 4(f) to the Vermont Rules of Appellate Procedure
PROPOSEDVRAP4(f)Use SHIFT+ENTER to open the menu (new window).
The proposed addition of Rule 4(f) is in response to the Supreme Court’s request that the Civil Rules Committee “propose appropriate amendments… to facilitate application of” the prisoner mailbox rule in Vermont.  This rule is similar, but not identical to, F.R.A.P. 4(c)(1) as most recently amended effective December 1, 2016.  The Vermont rule provides that deposit of a notice of appeal in the internal prison mailing system can constitute timely filing and requires use of a prison “legal mail” system if available. The rule also explicitly creates a rebuttable presumption that the filing is timely if accompanied by a notarized statement showing deposit in the institution's internal mailing system on or before the last day for filing.
 
Comments on this proposed amendment should be sent by December 12, 2016 to Allan Keyes, Esq., Chair of the Civil Rules Committee, at the following address:
 
Allan Keyes, Esq., Chair
Civil Rules Committee
Ryan, Smith & Carbine, Ltd.
P.O. Box 310
Rutland, VT  05202-0310
Proposed
36
Laferriere, Deb10/10/2016 9:51
Proposed Amendment to Rule 5(h) to the Vermont Rules of Civil Procedure
PROPOSEDVRCP 5(h)Use SHIFT+ENTER to open the menu (new window).
Rule 5(h), as added effective September 21, 2015, is amended to clarify and make uniform the procedures under it. In some clerks’ offices it has been interpreted to (1) require a separate form for each item served, (2) require that the form be on a separate document from the items it identifies, and (3) allow court staff to return filings that lack a certificate, rather than accepting them and then having the judge determine how to handle the absence.
 
The proposed amendment clarifies that the certificate may be incorporated in the document filed or be on a separate page and may embrace multiple documents. Further, the proposed amendments to paragraph (3) clarify that a document filed without a certificate should be accepted for filing, subject to compliance with the order of the judge concerning the filing of a proper certificate.
 
Comments on this proposed amendment should be sent by February 3, 2017 to Allan Keyes, Esq., Chair of the Civil Rules Committee, at the following address:
 
Allan Keyes, Esq., Chair
Civil Rules Committee
Ryan Smith & Carbine, Ltd.
P.O. Box 310
Rutland, VT  05702
0310
ark@rsclaw.com
 
ProposedJanuary 30, 2017
40
Laferriere, Deb12/1/2016 8:57
Proposed Amendments to the Vermont Rules of Civil Procedure and the Appendix of Forms ("Day is a Day")
PROPOSEDVRCP day is a day and FormsUse SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rules 6(a), (b), (d), and (e) adopt the “day is a day” rule, a simplified method of computing time period by incorporating, with minor changes, the language of a 2009 amendment to F.R.C.P. 6(a).  The amendment serves the purposes of both achieving simplicity and maintaining uniformity with the federal practice.
 
The proposed amendments to Rules 3, 4, 4.1, 4.2, 7, 12, 15, 16.1, 16.3, 17, 23, 26, 27, 30, 32, 33, 34, 36, 38, 40, 50, 52, 53, 55, 58, 59, 62, 64, 65, 68, 72, 74, 78, 79.1, 80.1., 80.2, 80.6, 80.7, 80.9, and 80.10 conform their various time periods to the simultaneous amendment of V.R.C.P. 6(a) and provides consistency with the new federal standard for motion practice.
 
The proposed amendments to Forms 1, 1A, 15, and 22 conform their various time periods to the simultaneous amendment of V.R.C.P. 6(a).
The proposed amendment to Rule 4(l)(3)(F) shortens the time for return of waiver of service from 60 to 42 days.
 
The proposed amendment to Rule 13(j) abrogates the subsection because justices’ courts were eliminated and their functions transferred to the District Court by Act 249 of 1973, and the former District court was re-designated as the Criminal Division of the Superior Court and its civil jurisdiction transferred to that court by Act No. 154 of 2009.
 
The proposed amendment to the title of Rule 80.5 and the language of Rule 80.5(a) are amended to reflect the redesignation of the former district court as the Criminal Division of the Superior Court by Act No. 154 of 2009 (Adj. Sess.), § 237(b)(3) (effective July 1, 2010).  Rule 80.5(i) is amended to conform to the simultaneous amendment of V.R.C.P. 6(a).
 
THE COMMENT PERIOD CLOSED ON OCTOBER 5, 2015.
Proposed
9
Laferriere, Deb2/16/2016 13:38
Proposed Amendments to Rules 43(f) of the Vermont Rules of Civil Procedure and Rule 24(a)(1)(B)(iii) of the Vermont Rules of Appellate Procedure
PROPOSEDVRCP43(f)45(a)(4)45(b)(1)VRAP24(a)(1)(B)(iii)Use SHIFT+ENTER to open the menu (new window).

The proposed amendment to Rule 43(f) of the Vermont Rules of Civil Procedure clarifies the requirements in actions in the Civil Division of the Superior Court for court appointment of interpreters for persons with limited English proficiency or hearing impairments to ensure compliance with federal law. The amendment is intended to satisfy federal requirements.  Identical provisions will be added to or made applicable in the Family, Probate and Criminal Rules.

The proposed addition of Rule 24(a)(1)(B)(iii) to the Vermont Rules of Appellate Procedure incorporates the language of V.R.C.P. 3(b)(1) regarding qualification for in forma pauperis status to make clear that the same standard applies under both the civil and appellate rules.

THE COMMENT PERIOD CLOSED ON 8/13/2014.

Proposed
2
Laferriere, Deb2/16/2016 13:39
Proposed Order Amending Rule 51(b) of the Vermont Rules of Civil Procedure
PROPOSEDVRCP51(b)Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 51(b) of the Vermont Rules of Civil Procedure clarifies that lawyers may object to an instruction either at the charge conference or at a later time before the jury retires, and that a lawyer objecting at the charge conference does not have to restate the same points after the charge when they have already been stated at length and been ruled upon by the judge at the charge conference.
 
THE COMMENT PERIOD CLOSED ON JANUARY 25, 2016.
Proposed
21
Laferriere, Deb6/15/2016 12:02
Proposed Amendments to the Vermont Rules of Criminal Procedure (“Day is a Day”)
PROPOSEDVRCrP12.1,29,33,32,45 and 47DayisDayUse SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 45 adopts Federal Rule 45’s “day is a day” standard for computation of the running of time period in criminal cases so that time is computed identically under all of the rules of procedure. 
 
The proposed amendments to Rules 12.1(a), 29, 32, 33, and 47 conform their time periods to the “day is a day” standard. 
 
In consideration of the practical difficulties associated with investigation of the circumstances of a proffered alibi defense, and with security and disclosure of expert assessment in the case of insanity or other mental state defenses, the proposed amendment to Rule 12.1(a) increases the period for provision of notice of such defenses from 10 to 30 days, in contrast to other contemporaneous amendments of 10-day periods, which are extended to 14 days.
 
THE COMMENT PERIOD CLOSED ON OCTOBER 5, 2015.
Proposed
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Laferriere, Deb8/23/2016 14:24
Proposed Amendments to Rule 17 of the Vermont Rules of Criminal Procedure
PROPOSEDVRCrP17-FinalUse SHIFT+ENTER to open the menu (new window).
Rule 17(a) is amended to clarify that a subpoena is provided by the clerk of court, but actually issued by a judicial officer, subject to certain notice of rights on the part of persons subject to subpoena thereto, and the procedures for doing so.
 
Rule 17(c) is amended to add express provision for “nonproceedings” subpoenas duces tecum, that is for production of specified objects, including but not limited to documents and electronically stored information, outside of the context of deposition or judicial proceedings.
 
THE COMMENT PERIOD CLOSED ON SEPTEMBER 16, 2016. 
ProposedSeptember 16, 2016
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Laferriere, Deb10/10/2016 9:42
Proposed V.R.Cr.P. 28
PROPOSEDVRCrP28Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 28 of the Vermont Rules of Criminal Procedure clarifies the requirements in actions in the Criminal Division of the Superior Court for court appointment of interpreters for persons with limited English proficiency (LEP) or hearing impairments comply with federal law.
 
THE COMMENT PERIOD CLOSED ON MARCH 11, 2016.
Proposed
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Laferriere, Deb6/15/2016 13:14
Proposed Amendments to Rule 32 of the Vermont Rules of Criminal Procedure
PROPOSEDVRCrP32(g)Restitution ProceduresUse SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 32 adds subdivision (g) in response to the Court’s decision in State v. Morse, 2014 VT 84, to provide specific procedures for the conduct of, and evidentiary standards in, restitution hearings convened pursuant to 13 V.S.A. § 7043.  The subdivision also specifies written pre-hearing disclosures that are required to be made to the defendant by the prosecuting attorney, who has the burden of proof in establishing restitution claims payable to a victim of crime.
 
THE COMMENT PERIOD CLOSED ON JULY 17, 2015.
Proposed
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Laferriere, Deb2/16/2016 13:35
Proposed Amendments to Rules 4(j) and (o) of the Vermont Rules for Family Proceedings
PROPOSEDVRFP4(j) and (o)Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rules 4(j) and (o) address the question raised in Columbia v. Lawton, 2013 VT 2, 193 Vt. 165, 71 A.3d 1218, concerning the remedy for a person seeking to establish parentage after a prior determination of parentage to which that person was not a party.

THE COMMENT PERIOD CLOSED ON JULY 15, 2016. 

Proposed
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Laferriere, Deb8/23/2016 14:19
Proposed Order Amending Rules 3 and 17 and adding Rule 16.1 of the Vermont Rules of Probate Procedure
PROPOSEDVRPP 3, 17 and adding 16.1Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rules 3(a) and (b)(3), as previously amended December 11, 2014, effective February 13, 2015, further amend the rule to delete the requirement of Rule 3(a) that notice of the petition be sent to all interested persons, to delete “interested persons” in paragraph (3), and to make clear in paragraphs (3) and (4) that only “the surviving spouse, if any,” as well as “heirs at law,” must consent. The amendments are intended to conform the rule to 14 V.S.A. § 108, which does not require testimony if the spouse and all heirs at law consent to allowance of the will.
 
The proposed amendments to Rules 17(a)(1) and (b)(1) provide conformity with the simultaneous amendments of Rule 3.
 
Proposed Rule 16.1 is added to make clear that mediation may be ordered in a Probate Division proceeding and to provide standards and a procedure for the process. The proposed rule is based in part on V.R.F.P. 18, promulgated July 20, effective September 21, 2015. The proposed rule does not preclude voluntary use of mediation or another form of ADR by agreement of the parties without judicial involvement.
 
THE COMMENT PERIOD ENDED ON DECEMBER 21, 2015.
Proposed
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Laferriere, Deb3/10/2016 14:31
Proposed Order Amending Rule 43(e) of the Vermont Rules of Probate Procedure
PROPOSEDVRPP43(e)Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 43(e) of the Vermont Rules of Probate Procedure clarifies the requirements in actions in the Probate Division of the Superior Court for court appointment of interpreters for persons with limited English proficiency (LEP) or hearing impairments.
 
THE COMMENT PERIOD CLOSED ON JANUARY 25, 2016.
Proposed
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Laferriere, Deb2/16/2016 13:33