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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
Order Promulgating Amendment to § 4 of Administrative Order No. 18
FINAL amendAdministrative Order 18 - March 2017Use SHIFT+ENTER to open the menu (new window).
The amendment to § 4 of Administrative Order No. 18 provides the Chief Superior Judge, with the approval of the Chief Justice, the authority to assign active or retired magistrates to the trial courts.
 
This Order was promulgated on March 13, 2017, effective immediately.

 
PromulgatedMarch 13, 2017March 13, 2017
120
Laferriere, Deb3/20/2017 9:53
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, Deb1/11/2017 9:41
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 Repealing and Replacing Administrative Order No. 41
PROMULGATED Repeal of A.O. 41 and promulgation of new A.O. 41Use SHIFT+ENTER to open the menu (new window).
This Order, promulgated on March 13, 2017, effective May 15, 2017, repeals and replaces A.O. 41 with comprehensive changes. Some sections have been added, some existing sections have been reorganized and renumbered, and other sections have been deleted. The changes bring clarity to the licensing (and relicensing process) and reflect practices that have developed over time. Although some of the changes are stylistic, several substantive changes are made. The amendments create and define two new licensing categories: judicial and pro bono emeritus. The amendments also add a provision on relinquishing a license. The amendments remove former § 13A, which allowed government attorneys seeking admission without examination to practice pending completion of a three-month clerkship, because attorneys are no longer required to complete a three-month clerkship prior to admission.
PromulgatedMarch 13, 2017May 15, 2017
118
Laferriere, Deb3/15/2017 8:32
Order Promulgating Amendments to Rules 4(a) and 80.2 of the Vermont Rules of Probate
PROMULGATED VRPP4(a)_80.2Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 4(a) adopts language of V.R.C.P. 4(b) and requires that a blank Notice of Appearance form must be included by a petitioner when a complaint is served. This
addresses a problem that arises with increasing frequency with the increase of self-representation. 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).
 
The amendment to Rule 80.2(a) conforms the rule to present practice by requiring that a petition to open an ancillary estate in Vermont include a representation that the property is located in the Unit in which the proceeding is brought. The representation as to the location of real property is necessary to establish jurisdiction and venue.
PromulgatedMarch 13, 2017May 15, 2017
119
Laferriere, Deb3/20/2017 9:53
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 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 V.R.C.P. 43(f), V.R.P.P. 43(e), and V.R.Cr.P. 28
PROMULGATEDCombined Interpreter VRPP43(e) VRCP43(f) and VRCrP28 FinalUse SHIFT+ENTER to open the menu (new window).
Contemporaneous conforming amendments have been made to Rule 43(e) of the Vermont Rules of Probate Procedure, Rule 28 of the Vermont Rules of Criminal Procedure, and Rule 43(f) of the Vermont Rules of Civil Procedure. The amendments make clear that the requirements in actions of all divisions of the Superior Court for court provision of interpreter services for persons with limited English proficiency (LEP), hearing impairments, or other disability resulting in the need for interpreter services comply with federal law.
 
This Order was promulgated on January 9, 2017, effective March 13, 2017.
PromulgatedJanuary 9, 2017March 13, 2017
115
Laferriere, Deb1/10/2017 15:13
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
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 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
Promulgation Order Adding Rule 4(f) to the Vermont Rules of Appellate Procedure
PROMULGATEDVRAP4(f)(3)Use SHIFT+ENTER to open the menu (new window).
New Rule 4(f) 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.
 
This Order was promulgated on January 9, 2017, effective March 13, 2017.
PromulgatedJanuary 9, 2017March 13, 2017
116
Laferriere, Deb1/10/2017 15:15
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 Amending Rule 5 of the Vermont Rules of Civil Procedure
PROMULGATEDVRCP5Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 5 establishes procedures for service and filing of documents under the rule by electronic means in all divisions and units of the superior court.
 
This Order was promulgated on December 15, 2016, effective February 20, 2017.
PromulgatedDecember 15, 2016February 20, 2017
113
Laferriere, Deb12/19/2016 14:57
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
Promulgation Order Amending Rule 17 of the Vermont Rules of Criminal Procedure
PROMULGATEDVRCrP17Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 17(a) clarifies 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.  The amendment conforms the rule to current practice.
 
The amendment to Rule 17(c) adds 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 amendment also prescribes certain protections for persons who are subject to the issuance of subpoenas.
 
This Order was promulgated on December 15, 2016, effective February 20, 2017.
PromulgatedDecember 15, 2016February 20, 2017
112
Laferriere, Deb1/10/2017 15:37
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 V.R.Cr.P. 30 and V.R.C.P. 51(b)
PROMULGATEDVRCrP30andVRCP5Use SHIFT+ENTER to open the menu (new window).
This Order, promulgated on February 6, 2017, effective April 10, 2017, makes contemporaneous conforming amendments to Rule 30 of the Vermont Rules of Criminal Procedure and Rule 51(b) of the Vermont Rules of Civil Procedure.
 
The amendments to V.R.Cr.P. 30 and V.R.C.P. 51(b) clarify those circumstances in both criminal and civil trials in which objections to proposed jury instructions fully articulated at a charge conference may be preserved, without the necessity for their reassertion after the court’s reading of the instructions and prior to the jury’s retirement for deliberations.
PromulgatedFebruary 6, 2017April 10, 2017
117
Laferriere, Deb2/9/2017 9:10
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 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
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 was promulgated on August 25, 2016, effective December 5, 2016.
PromulgatedAugust 25, 2016December 5, 2016
108
Laferriere, Deb2/9/2017 9:02
Promulgation Order Amending Rules 4.2(a) and 4.3(b) of the Vermont Rules of Family Proceedings
PROMULGATEDVRFP4.2(a) 4.3(b)Use SHIFT+ENTER to open the menu (new window).
Rule 4.3(b) is amended to 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.  Under the amended rule, a nonparty to a prior parentage determination under 15 V.S.A. §§ 301-108 may seek to claim a deprivation of constitutional rights in that determination by filing a motion to intervene and reopen the matter.
 
The amendment to Rule 4.2(a) implements the simultaneous amendment of Rule 4.3(b) by clarifying that motions to intervene and for relief from a parentage judgment under new Rule 4.3(b)(1), like wage withholding actions under what is now Rule 4.3(b)(2), are excepted from the provisions of Rule 4.2.
 
This Order was promulgated on December 15, 2016, effective February 20, 2017.
PromulgatedDecember 15, 2016February 20, 2017
114
Laferriere, Deb12/19/2016 14:59
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.
 
THE COMMENT PERIOD CLOSED ON FEBRUARY 6, 2017.
ProposedFebruary 6, 2017
39
Laferriere, Deb2/9/2017 9:00
Proposed Amendments to Rules 4 and 5 of the Vermont Rules of Environmental Court ("Day is a Day")
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, Deb3/15/2017 10:41
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.
 
THE COMMENT PERIOD CLOSED ON FEBRUARY 6, 2017.
ProposedFebruary 6, 2017
37
Laferriere, Deb2/9/2017 8:57
Proposed Order Amending Rule 3 of the Vermont Rules of Admission to the Bar of the Vermont Supreme Court
PROPOSED Rule 3 of Rules of AdmissionUse SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 3 increases the number of Examiners from nine to eleven by adding two attorney members and increasing the number of Associate Examiners from seven to eight, to facilitate grading the additional questions contained in the Uniform Bar Examination. The number of Examiners necessary to comprise a quorum has been increased accordingly.
 
Comments on these proposed amendments should be sent by May 19, 2017 to Keith J. Kasper, Esq., Chair of the Board of Bar Examiners, at the following address:
 
Keith J. Kasper Esq.
McCormick, Fitzpatrick, Kasper & Burchard, P.C.
P.O. Box 638
Burlington, Vermont 05401-0638
kjk@mc-fitz.com
ProposedMay 19, 2017
49
Laferriere, Deb3/20/2017 9:30
Proposed Order Amending Rule 8 of the Vermont Rules of Admission to the Bar of the Vermont Supreme Court
PROPOSED Rule 8 of Rules of AdmissionUse SHIFT+ENTER to open the menu (new window).
The proposed amendment revises Rule 8 to reflect the Board’s practice, based on prior Rule § 6(h) and current Rule 8(c)(3)(A), of requiring that an Applicant requesting an equivalency determination for a Foreign Law School have exposure to the common law. This training is now an express requirement of Rule 8(b)(1), ensuring Applicants complete their legal education at a Foreign Law School whose curriculum is based on the principles of common law.
 
The proposed amendment to Rule 8(c)(4) adds a cure provision for Applicants who do not otherwise meet the requirements of proposed Rule 8(b)(1).  The cure provision permits Applicants to correct a deficiency by completing a Master of Laws degree at an Approved Law School in the United States, subject to specific requirements which focus on ensuring that Applicants receive sufficient in-person training in common law principles, professional responsibility, legal writing, U.S. law, and UBE topics.
 
Comments on these proposed amendments should be sent by May 19, 2017 to Keith J. Kasper, Esq., Chair of the Board of Bar Examiners, at the following address:
 
Keith J. Kasper Esq.
McCormick, Fitzpatrick, Kasper & Burchard, P.C.
P.O. Box 638
Burlington, Vermont 05401-0638
kjk@mc-fitz.com
ProposedMay 19, 2017
50
Laferriere, Deb3/20/2017 9:32
Proposed Order Amending Rules 9(b)(4), 12(b), and 13(d) of the Vermont Rules of Admission to the Bar of the Vermont Supreme Court
Proposed Rules 9(b)(4) 12(b) and 13(d) of Rules of AdmissionUse SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 9(b) reinstates the option of applying to the Board for permission to sit for the Bar Exam for a fifth time (which was the prior practice of the Board before the adoption of the UBE rules, effective April 18, 2016).
 
The proposed amendment to Rule 12(b) provides a process by which an Applicant, who is newly admitted to the Vermont Bar, can rectify the untimely filing of a Mentorship Completion Certificate or other minor errors in the completion of the required Mentorship program.  The proposed amendment is drawn from § 10 of the Rules for Mandatory Continuing Legal Education which allows admitted attorneys time to complete a make-up plan if they fail to have the requisite number of continuing legal education credits by the applicable biannual reporting deadline.
 
Consistent with the recent amendment to Rule 9(b)(1), the proposed amendment to Rule 13(d) extends the time in which the Applicant must sit for the UBE from 3 to 5 years.  The amendment also provides for an extension of this deadline for good cause, consistent with the concurrent amendment to Rule 9(b)(4).
 
Comments on these proposed amendments should be sent by May 19, 2017 to Keith J. Kasper, Esq., Chair of the Board of Bar Examiners, at the following address:
 
Keith J. Kasper Esq.
McCormick, Fitzpatrick, Kasper & Burchard, P.C.
P.O. Box 638
Burlington, Vermont 05401-0638
kjk@mc-fitz.com

ProposedMay 19, 2017
51
Laferriere, Deb3/20/2017 9:33
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.
 
THE COMMENT PERIOD CLOSED ON FEBRUARY 6, 2017.
ProposedFebruary 6, 2017
38
Laferriere, Deb2/9/2017 8:59
Proposed Amendment to Administrative Order No. 9
PROPOSEDAO 9 Rule 1Use SHIFT+ENTER to open the menu (new window).
The proposed amendment adds paragraph (4) to Rule 1(E) to make clear that the Professional Responsibility Board has the responsibility to review the Rules of Professional Conduct and to make proposals to the Court to amend those rules. The proposed amendment reiterates the obligation under Administrative Order 11 to provide the proper notice and opportunity to comment on amendment proposals and notifies individuals that requests for changes should be directed to the Board.
 
Comments on this proposed amendment should be sent by April 10, 2017, to Emily Wetherell, Staff Attorney at the Vermont Supreme Court, at the following address:
 
Emily Wetherell, Staff Attorney
Vermont Supreme Court
109 State Street
Montpelier, VT  05609-0801
Emily.Wetherell@vermont.gov
 
ProposedApril 10, 2017
46
Laferriere, Deb2/9/2017 9:43
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, Deb3/15/2017 8:51
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.
 
THE COMMENT PERIOD CLOSED ON FEBRUARY 6, 2017.
ProposedFebruary 6, 2017
40
Laferriere, Deb2/9/2017 9:02
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 1, 26, 34(b), 37(f), and 55(c) of the Vermont Rules of Civil Procedure
PROPOSEDVRCP1_26_34(b)_37(f)_55(c)-DiscoveryRulesUse SHIFT+ENTER to open the menu (new window).
These proposed amendments to the civil rules incorporate or adapt recent changes to the federal rules.
 
The proposed amendment to Rule 1 is intended to encourage increased cooperation among the parties by clarifying that parties as well as courts have a responsibility to achieve “the just, speedy, and inexpensive determination of every action.”
 
The proposed amendment to Rule 26 redefines the scope of discovery.  Discovery must now be relevant to any parties’ claim or defense, as opposed to being reasonably calculated to lead to the discovery of admissible evidence.  A proportionality requirement has been added, saying that discovery may now only be obtained if it is “proportional to the needs of the case” as defined by five factors.
 
The proposed amendment to Rule 34(b) requires grounds for objection to be stated specifically consistent with the requirement that an objection must state whether materials are being withheld.
 
The proposed amendment to Rule 37(f) relates to the failure to preserve electronically stored or other evidence.
 
The proposed amendment to Rule 55(c) makes clear that the standards of Rule 60(b) apply only to a judgment that is “final.”
 
THE COMMENT PERIOD CLOSED ON FEBRUARY 21, 2017.
 
 
ProposedFebruary 21, 2017
43
Laferriere, Deb3/15/2017 8:54
Proposed Amendments to Rule 26(b) of the Vermont Rules of Civil Procedure
PROPOSEDVRCP26(b)Use SHIFT+ENTER to open the menu (new window).
These proposed amendments to Rule 26(b) clarify its provisions regarding identification and deposition of an expert who may testify and bring them more closely in line with comparable provisions of the Federal Rules of Civil Procedure.  The proposed amendments have added numbering and make the provisions clearer and consistent with the remainder of the rule. 
 
THE COMMENT PERIOD ENDED ON MARCH 13, 2017.
ProposedMarch 13, 2017
44
Laferriere, Deb3/15/2017 8:48
Proposed Order Promulgating Amendment to Rule 32(g) of the Vermont Rules of Criminal Procedure
PROPOSEDVRCrP 32(g) March 2017Use SHIFT+ENTER to open the menu (new window).
The proposed amendment adds subdivision (g) to V.R.Cr.P. 32 to provide specific procedures for conduct of restitution hearings convened pursuant to 13 V.S.A. § 7043.
 
Comments on this proposed amendment should be sent by May 19, 2017, to Thomas Zonay, Chair of the Advisory Committee on Rules of Criminal Procedure, at the following address:
 
Honorable Thomas A. Zonay, Chair
Advisory Committee on Rules of Criminal Procedure
Vermont Superior Court
Caledonia Unit
1126 Main Street, Suite 1
St. Johnsbury, VT 05819
Thomas.zonay@vermont.gov
ProposedMay 19, 2017
48
Laferriere, Deb3/20/2017 9:29
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
10
Laferriere, Deb8/23/2016 14:24
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 CLOSED ON DECEMBER 21, 2015.
Proposed
19
Laferriere, Deb2/9/2017 9:01
Proposed Order Amending Rule 47(d) of the Vermont Rules of Probate Procedure
PROPOSEDVRPP47Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 47(d) amends the rule to conform to current practice.  The amendment also deletes language that is unnecessary and inappropriate.
 
Comments on these proposed amendments should be sent by April 10, 2017, to the Hon. Jeffrey Kilgore, Esq., Chair of the Probate Rules Committee, at the following address:
 
Hon. Jeffrey Kilgore
Washington Probate Division
65 State Street
Montpelier, VT  05602
Jeffrey.Kilgore@vermont.gov
ProposedApril 10, 2017
47
Laferriere, Deb2/9/2017 9:15
Proposed Amendment to Rule 8.4(g) of the Vermont Rules of Professional Conduct
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The proposed amendment to Rule 8.4(g) and new Comments [3]-[5] adopt, with minor verbal changes, amendments to the American Bar Association’s Model Rules of Professional Conduct approved by the ABA on August 8, 2016.
 
The proposed amendment prohibits conduct in the practice of law that discriminates or harasses on the basis of a lengthy list of characteristics.
 
THE COMMENT PERIOD ENDED ON MARCH 13, 2017.
ProposedMarch 13, 2017
45
Laferriere, Deb3/15/2017 8:49