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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
CORRECTED Restyled Appellate Rules
Corrected PROMULGATED Final Pure Restyled Appellate RulesUse SHIFT+ENTER to open the menu (new window).
This emergency order corrects the Appendix to the Promulgation Order dated June 11, 2013, effective September 3, 2013, which restyled and amended Rules 1-49 of the Vermont Rules of Appellate Procedure.
 
The corrected Appendix includes amendments to V.R.A.P. 3(d), 10(a)(3), 13(c) and 45.1(h) that were adopted February 6, 2013, effective April 8, 2013, and were inadvertently not incorporated into the restyled rules.  They are now restyled and incorporated in V.R.A.P. 3(d), 10(a)(3), 13(a) and 45.1(g).  The corrections were promulgated on August 12, 2013 and the Appendix is corrected effective immediately.
 
The corrected Appendix containing the Restyled Rules will go into effect on the original date of September 3, 2013.
 
The restyled Vermont Rules of Appellate Procedure adopt the format and approach of the restyled Federal Rules of Appellate Procedure adopted in 1998. The restyling is not intended to change the meaning of any rule but is intended to provide a more accessible format for the rules and to simplify them by eliminating ambiguous or archaic language and adopting a more straightforward style.  A few substantive changes in connection with the restyling are delineated below:
 
The docketing statement previously incorporated in Rule 3 is no longer part of the rule.  It will be available on the Vermont Judiciary website.
 
Rule 5(b)(5) eliminates language that is redundant to Rule 5(b)(1)-(4), which contains the requirements for filing an interlocutory appeal in different types of cases.  A statement was eliminated in Rule 5(b)(8)(A) as originally restyled that was not necessary since the Court has discretion to dismiss an interlocutory appeal that was improvidently granted.
 
Rule 6 provides a procedure for appeals from final judgments where permission to appeal must be obtained from the trial court or the Supreme Court.
 
A phrase was deleted in Rule 10(b)(5) which was unnecessary because Rule 33(a) already contains a procedure for prehearing conferences, which the parties are free to adapt.
 
Rule 12(a) specifies that the Supreme Court docket clerk must receive a copy of the certified docket entries from the trial court before docketing an appeal.  Rule sections 12(b)(1) and 12(c) remove the requirement that the Supreme Court clerk receive the record before notifying the parties that record is complete in cases where no transcript is ordered.
 
Rule 28(j) requires parties to file eight copies of any supplemental authority for conformity with the number of briefs required to be filed by Rule 31(b).
 
Rule 33(a)(1) reflects the reality that self-represented parties may also be directed to appear for a prehearing conference.
 
Rule 34(b) requires a request for additional time to be made by motion rather than in a letter addressed to the clerk.
 
Rule 39(c)(4) was deleted because Rule 31(b) no longer requires the filing of an original brief, just eight copies, and the price per folio is a term no longer used.
 
Rule 40(a) provides a time limit for filing a request to extend the period for filing a motion to reargue.  In addition, because the prior page limit in Rule 40(b)(2) was changed to a word-count limit, the parties must now certify compliance with the word-count limit similar to the existing requirement in Rule 32(a)(7)(D).
 
Rule 45.1 recognizes that self-represented parties will not necessarily have an e-mail address, but requires attorneys to provide an e-mail address.
 
Rule 46 no longer refers to an appendix of forms.  The forms will be available on the Judiciary website.
 
PromulgatedAugust 12, 2013 and June 11, 2013September 3, 2013
43
Laferriere, Deb8/15/2013 8:23
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.
 
Comments on these emergency amendments should be sent by June 29, 2015 to William Griffin, Esq., Chair of the Civil Rules Committee, at the following address:
 
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bill.griffin@state.vt.us
 
PromulgatedJune 29, 2015April 28, 2015May 4, 2015
73
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bill.griffin@state.vt.us

Laferriere, Deb8/25/2015 14:30
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 Amending § 10 of Administrative Order No. 1
PROMULGATEDA.O.1amend10Use SHIFT+ENTER to open the menu (new window).
This amendment, relating to the nomination and election of attorneys to the Judicial Nominating Board, authorizes the Court Administrator to solicit and receive by electronic means the secret ballot of the members of the bar from each county.
PromulgatedJanuary 22, 2014March 24, 2014
52
Laferriere, Deb1/29/2014 8:22
Amendment to Administrative Order No. 14
PROMULGATEDAdministrative Order 14.amendedApril2014Use SHIFT+ENTER to open the menu (new window).
Appellate and Administrative Responsibilities of the Supreme Court.  This amendment to A.O. 14 replaces Justice Burgess with Justice Crawford.
PromulgatedApril 24, 2014April 24, 2014
55
Laferriere, Deb4/28/2014 9:05
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 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 Amendments to A.O. 9, Rule 10
PROMULGATEDAmendmentAO9Rule10A.B.andDUse SHIFT+ENTER to open the menu (new window).
Rule 10 of Administrative Order No. 9 was previously silent as to who would screen ethics complaints.  The amendment clarifies the Board’s position that bar counsel shall screen ethics complaints and is consistent with how bar counsel and disciplinary counsel have operated since the offices were restructured in June 2012.  The amendment also clarifies that the rule limits a complainant’s ability to request review to those cases which, in bar counsel’s judgment, do not require either formal investigation by disciplinary counsel or referral to an assistance panel.
PromulgatedOctober 10, 2013December 9, 2013
45
Laferriere, Deb11/12/2013 12:26
Order Promulgating Emergency Amendment to Rule 32 of the Vermont Rules of Appellate Procedure
PROMULGATEDEMERGENCYAmendmentVRAP32Use SHIFT+ENTER to open the menu (new window).
This Emergency Order restores changes that were promulgated in an amendment of former V.R.A.P. 32(b) effective May 14, 2012, and inadvertently not incorporated in Rule 32(b) of the restyled Rules of Appellate Procedure which became effective September 3, 2013.  The May 2012 amendments required the filing of an electronic version of the printed case by represented parties.  The words “or printed” case have been added in paragraphs (4), (5,) and 6) in the present amendment to carry out the intent of the May 2012 amendment.
PromulgatedDecember 17, 2013December 17, 2013
49
Laferriere, Deb12/19/2013 11:18
Order Promulgating Emergency Amendment to the Vermont Rules of Criminal Procedure by the addition of Rule 11.1
PROMULGATEDEMERGENCYAMENDMENTVRCrP11.1Use SHIFT+ENTER to open the menu (new window).
Rule 11.1 is promulgated consistent with Act No. 76, § 1, effective July 1, 2013, which amended various provisions of 18 V.S.A. § 4230, and directs the court to engage in specific additional colloquy with a defendant entering a plea of guilty or no contest as to the potential collateral consequences of a conviction for subject offenses, extending to such consequences as loss of education financial aid, suspension or revocation of professional licenses, and restricted access to public benefits such as housing.  The statute upon which the rule is based requires that the advisement be provided to the defendant personally in open court, thus requiring presence of the defendant and a record of proceeding in each such case, in contrast to the provisions of Rule 11(c) and (d), amended effective May 13, 2013, which authorize pleas by waiver pursuant to Rule 43, without appearance in open court.
PromulgatedNovember 13, 2013November 13, 2013
46
Laferriere, Deb11/15/2013 11:04
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.
 
Comments on this emergency amendment should be sent by August 7, 2015 to L. Kinvin Wroth, Reporter for the Court’s Special Advisory Committee on Rules Governing an Electronic Case File, Electronic Filing and Video or Audio Proceedings at the following address:
 
Professor Kinvin Wroth
Vermont Law School
P.O. Box 96
South Royalton, VT 05068
KWROTH@vermontlaw.edu
PromulgatedAugust 7, 2015June 8, 2015June 8, 2015
74
Laferriere, Deb6/9/2015 14:00
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, Deb8/6/2015 11:16
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.
 
Comments on this emergency amendment should be sent by May 11, 2015 to William Griffin, Esq., Chair of the Civil Rules Committee, at the following address:
 
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bill.griffin@state.vt.us
 
PromulgatedMarch 9, 2015April 11, 2015
72
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bill.griffin@state.vt.us
Lowe, Sheila3/11/2015 14:12
Emergency amendment to V.R.A.P. 32(b) made permanent
PROMULGATEDEMERGENCYVRAP32madepermanentUse SHIFT+ENTER to open the menu (new window).
The emergency amendment to V.R.A.P. 32(b), promulgated on December 17, 2013, effective immediately has been made permanent.  The emergency order restored changes that were promulgated in an amendment of former V.R.A.P. 32(b) effective May 14, 2012, and inadvertently not incorporated in Rule 32(b) of the restyled Rules of Appellate Procedure, which became effective September 3, 2013.  The May 2012 amendments required the filing of an electronic version of the printed case by represented parties.  The words “or printed” case were added in paragraphs (4), (5) and 6) in the present amendment to carry out the intent of the May 2012 amendment.
 
The permanent amendment was promulgated on March 27, 2014, and effective May 27, 2014.
PromulgatedMarch 27, 2014May 27, 2014
53
Laferriere, Deb3/28/2014 13:46
Emergency amendment to V.R.C.P. 80.1(b)(3) made permanent
PROMULGATEDEMERGENCYVRCP80 1(b)(3)madepermanentUse SHIFT+ENTER to open the menu (new window).
The emergency order promulgated on December 17, 2013, effective January 1, 2014, which amended the rule to comply with new statutory provisions and to continue to provide relief to homeowners faced with foreclosure, has been made permanent.
 
PromulgatedMarch 27, 2014May 27, 2014
54
Laferriere, Deb3/31/2014 8:40
Emergency Order Promulgating Amendments to Rule 12(a) and (d) of the Vermont Rules for Family Proceedings
PROMULGATEDEMERGENCYVRFP12(a)and(d)Use SHIFT+ENTER to open the menu (new window).
Emergency amendments to Rule 12(a) and (d) are adopted to 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 Comment Period for the Emergency Amendment ended on 9/19/2014. 
PromulgatedJuly 16, 2014July 16, 2014
58
Jody Racht, Esq., Chair
Vermont Attorney General’s Office
103 South Main Street
Waterbury, VT  05671-0701
Jody.racht@state.vt.us
Laferriere, Deb5/18/2015 14:43
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.
 
Comments on this emergency amendment promulgated on July 1, 2015; effective immediately, should be sent by September 1, 2015 to Jody Racht, Chair of the Advisory Committee on Rules for Family Proceedings, at the following address:
 
Jody Racht, Esq., Chair
Vermont Attorney General’s Office
Ladd Hall, 103 South Main Street
Waterbury, VT  05671-0701
Jody.racht@state.vt.us
PromulgatedSeptember 1, 2015July 1, 2015July 1, 2015
75
Laferriere, Deb7/1/2015 6:30
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 Amendments to the Rules for Mandatory Continuing Legal Education
PROMULGATEDMCLEAmendmentsUse SHIFT+ENTER to open the menu (new window).
Since the institution of the requirement of continuing legal education for attorneys admitted to practice law in Vermont, separate rules and regulations have governed.  These rules and regulations defined the minimal educational requirements, how they could be met, and the process a sponsoring agency must follow in order to offer courses for CLE credit, among other things.  The rules often overlapped with the regulations, and some topics were discussed in both the rules and regulations.  This created an often cumbersome process for attorneys seeking information on the requirements for continuing legal education.  There is no distinction to be made between the rules and regulations, as the Vermont Supreme Court must approve of and administer both.  Therefore, the Board of Mandatory Continuing Legal Education has consolidated the rules and regulations into one document, the Rules for Mandatory Continuing Legal Education.  There have been no substantive changes to the rules or regulations during this rewrite.  The change has been made in an effort to achieve simplicity and for the convenience of those governed by the rules.
PromulgatedDecember 17, 2013February 18, 2014
50
Laferriere, Deb6/16/2014 12:53
Order Promulgating Amendments to § 6 of the Rules of Admission to the Bar of the Vermont Supreme Court
PROMULGATEDRulesofAdmission6FinalUse SHIFT+ENTER to open the menu (new window).
The amendments to § 6 makes three changes to the requirements for admission by examination.  First an applicant must achieve a passing score of 135 on both parts of the examination.  The provision for raising a score on one part of the examination by “borrowing” points from the other part has been eliminated.  Second, an applicant must now sit for and pass both parts of the examination at one concurrent administration.  Applicants may continue to sit for the examination in Vermont and another state during the same concurrent administration if the test dates do not conflict.  Except for a brief transition period, applicants are no longer permitted to carry forward a passing score on one part of the examination.  Third, the amendment shortens the time in which the applicant must take and pass the Multistate Professional Responsibility Exam.
PromulgatedJanuary 22, 2014February 24, 2014
52
Laferriere, Deb1/29/2014 9:58
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 Rule 4(b) and Rules 79(b) and (c) of the Vermont Rules of Civil Procedure
PROMULGATEDVRCP4(b)and79(b)and(c)Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 4(b) eliminates the requirement that the summons contain the email address of the court in light of the fact that a defendant cannot respond to a summons by email as the Judiciary’s system is presently constituted.
 
The amendment to Rule 79 abrogates Rule 79(b) and amends Rule 79(c) in light of the elimination of record-keeping requirements by Act 67 of 2013.
PromulgatedMay 8, 2014July 7, 2014
56
Laferriere, Deb6/12/2014 10:16
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 Amending and Continuing Emergency Amendment to Rule 80.1(b)(3) of the Vermont Rules of Civil Procedure
PROMULGATEDVRCP80.1(b)(3)emergency-extendUse SHIFT+ENTER to open the menu (new window).
This Emergency Order is amended to comply with new statutory provisions and continues to provide relief to homeowners faced with foreclosure in the present financial situation.
 
THE COMMENT PERIOD ON THIS EMERGENCY AMENDMENT ENDED ON 2/21/2014.
PromulgatedDecember 17, 2013January 1, 2014
48
Laferriere, Deb5/18/2015 14:45
Order Promulgating Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules of Environmental Proceedings
PROMULGATEDVRCP801(b)(3)_80.9_VRECP5(h)(1)Use SHIFT+ENTER to open the menu (new window).

The amendment to V.R.C.P. 80.1(b)(3) reflects changes in Homeownership Centers information and the elimination and consolidation of the functions of the Department of Banking, Insurance, Securities and Health Care Administration in the Department of Financial Regulation.
 
The amendment to V.R.C.P. 80.9 reflects the elimination of the District Court and the transfer of its jurisdiction over municipal parking violations to the Criminal Division of the Superior Court.
 
The amendment to V.R.E.C.P. 5(h)(1) requires the appellant to produce a transcript in all on-the record appeals, eliminating the former distinction that allowed the appellant to submit an electronic recording of proceedings less than 12 hours in duration.  The amendment also clarifies that on-the-record appeals are governed by all applicable provisions of the Vermont Rules of Appellate Procedure except as modified by this rule, and incorporates the procedure for ordering and paying for a transcript from a Court-appointed transcription service pursuant to V.R.A.P. 10(b)(1), (2), (7).
 
New subparagraph (C) gives the court discretion, on a showing of financial hardship or other good cause by the appellant, to allow an electronic recording to be used instead of a transcript.  To support a claim of financial hardship, the appellant should provide the court with information as to the length of the hearing and the anticipated cost of the transcript in addition to information about his or her financial circumstances.
PromulgatedDecember 2, 2013February 3, 2014
47
Laferriere, Deb3/10/2015 15:10
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 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 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
Order Promulgating Amendments to V.R.F.P. 1(b)(1)-(2), 2(b)(2), 4(b)(1)(A), and 8(g
PROMULGATEDVRFP1(b)(1)_2(b)(2)_4(b)(1)(A)_8(g)Use SHIFT+ENTER to open the menu (new window).

The amendment to V.R.F.P. 1(b)(1) requires that the petition in a delinquency proceeding be supplemented by factual data concerning the race/ethnicity of the child who is the subject of the proceeding. The amendment provides that the facts to be presented are those contained in the Law Enforcement Juvenile Data Sheet, Form 101.

The amendment to V.R.F.P. 1(b)(2) and 2(b)(2) substitutes references to § 1079 of the Uniform Child Custody Jurisdiction and Enforcement Act for similar references to the Uniform Child Custody Jurisdiction Act which was repealed.

The amendment to V.R.F.P. 8(g) eliminates the requirement that the provisions of V.R.A.P. 10-12 concerning notice of completion of the record apply in an appeal from a magistrate’s decision to the Family Division.

PromulgatedJune 11, 2013August 12, 2013
41
Laferriere, Deb8/15/2013 8:22
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 Promulgating Amendments to Rules 7 and 7.1 of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP7and7.1Use SHIFT+ENTER to open the menu (new window).
Rule 7, applicable to appointment of guardians ad litem (GALs) and attorneys for minors in proceedings under Rules 4 and 9, is replaced by a revised version intended to address issues that have arisen under the original rule.
 
PromulgatedJanuary 22, 2014March 24, 2014
51
Laferriere, Deb1/29/2014 8:25
Order Promulgating Amendment to Rule 9(l) of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP9(l)Use SHIFT+ENTER to open the menu (new window).
Rule 9(l) is added to implement the provisions of 33 V.S.A. § 6931 et seq., which provide that a petition for relief of a vulnerable adult, as defined in 33 V.S.A. § 6902(14), from abuse, neglect, or exploitation may be filed either by the vulnerable adult or by an “interested person” on the vulnerable adult’s behalf.
PromulgatedSeptember 12, 2013November 12, 2013
44
Laferriere, Deb10/14/2013 8:47
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 Amendments to Rules 17(a)(3) and 80.1 of the Vermont Rules of Probate Procedure
PROMULGATEDVRPP17(a)(3)and80.1Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 17(a)(3) clarifies the definition of who should be served at the outset of a guardianship proceeding. 
 
The amendment to Rule 80.1(a) limits its application to the notice required of the guardian of a spendthrift appointed under 14 V.S.A. §§ 2681-2693 and incorporates statutory language concerning the content of the notice.  Rule 80.1(b) is added to provide specifically for notice of appointment of a guardian under 14 V.S.A. § 3069(a).
 
PromulgatedJune 11, 2014August 11, 2014
57
Laferriere, Deb5/18/2015 14:44
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 Rules 3, 7, 8, and 13 of the Vermont Rules of Small Claims Procedure
PROMULGATEDVRSCP3_7_8_13Use SHIFT+ENTER to open the menu (new window).
The amendment to V.R.S.C.P. 3(b) simplifies the rule by substituting a single 30-day response time for the answer and eliminating the acknowledgement provisions under which a defendant was allowed an additional 20 days to answer after filing an acknowledgement that the summons and complaint had been received.
 
The amendment to V.R.S.C.P. 3(d) clarifies that an answer is due either within 30 days of the date of mailing of the summons and complaint or within 30 days of service by the sheriff.
 
The amendment to V.R.S.C.P. 3(e) and the addition of 3(h) address the complexities that may arise in credit card debt collection actions by requiring the plaintiff creditor to establish the existence of the debt and ownership of it.
 
The amendment to V.R.S.C.P. 3(e) requires that a motion for default in a credit card case must be accompanied by signed evidence of the debt or, in the absence of such documentation, a credit card statement showing the debt, “or other competent evidence” of it.
 
The amendment to V.R.S.C.P. 7(d) eliminates the requirement that the judgment creditor serve an order resulting from a financial disclosure hearing by sheriff.  The change allows this service to be accomplished by first class mail.

The amendment to V.R.S.C.P. 8(c), regarding the consequences of a debtor failing to appear at a contempt hearing, eliminates the word “ordinarily” and substitutes the word “may,” recognizing that it is fully within the court’s discretion to decide what any penalty should be.
 
The amendment to V.R.S.C.P. 13 makes clear that, although V.R.C.P. 11 does not apply to small claims proceedings of its own force by virtue of V.R.S.C.P. 1(a), it may be used by analogy in a proper case when a party’s pleadings, motions, or other written submissions are calculated to impede the purpose of the small claims rules to secure “a simple, informal, and inexpensive disposition of” the claim.
 
PromulgatedJuly 10, 2013September 9, 2013
42
Laferriere, Deb5/18/2015 14:42
Proposal from Board of Bar Examiners to Adopt the Uniform Bar Exam
PROPOSAL From Board of Bar Examiners To Adopt Uniform Bar ExamUse SHIFT+ENTER to open the menu (new window).
The Board of Bar Examiners has recommended to the Supreme Court that Vermont adopt the Uniform Bar Examination.
 
THE COMMENT PERIOD CLOSED ON 4/27/2015. 
Proposed
31
Laferriere, Deb8/6/2015 7:40
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.
 
Comments on these proposed amendments should be sent by October 5, 2015 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
 
ProposedOctober 5, 2015
44
Laferriere, Deb8/6/2015 6:50
Proposed Amendment to Section 13 of the Rules of Admission to the Bar of the Vermont Supreme Court
PROPOSEDamendment to Section 13 of Rules of AdmissionUse SHIFT+ENTER to open the menu (new window).
The proposed amendment makes two changes to the requirements for law student interns.  A law student in good standing would be eligible to practice as a law student intern after completing three semesters, or the equivalent, instead of four.  The proposed 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 designated as (c), (d) and (e).
 
Comments on this proposed amendment should be sent by August 7, 2015 to Bridget Asay, Esq., Chair of the Board of Bar Examiners at the following address:
 
Bridget Asay, Esq., Chair
Board of Bar Examiners
Attorney Licensing
111 State Street, Suite 9B
Montpelier, VT  05609-0701
Bridget.asay@state.vt.us
Proposed
38
Laferriere, Deb7/1/2015 6:58
Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct
PROPOSEDAmendmentComment3toVRPrC4.1Use SHIFT+ENTER to open the menu (new window).
Proposed Comment [3] would be added to Rule 4.1 to address concerns expressed by government lawyers that the Supreme Court’s decision in In re PRB Docket No. 2007-046, 2009 VT 115, 187 Vt. 35, 989 A.2d 523, might be understood as affecting the traditional use of deception as an investigative mechanism in the enforcement of criminal or other laws.
 
The comment period ended on August 26, 2011.
ProposedAugust 26, 2011
1
Laferriere, Deb3/22/2013 14:05
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).

Comments on these proposed amendments should be sent by October 5, 2015 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

ProposedOctober 5, 2015
41
Laferriere, Deb8/6/2015 6:49
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).
 
Comments on these proposed amendments should be sent by October 5, 2015 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
ProposedOctober 5, 2015
39
Laferriere, Deb8/6/2015 6:52
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
21
Laferriere, Deb8/6/2015 7:41
Proposed Addition of Rule 80.11 to the Vermont Rules of Civil Procedure
PROPOSEDVRCP80.1REVISEDUse SHIFT+ENTER to open the menu (new window).
This proposed addition, previously sent to the Bar for comment in June 2014, has undergone revisions and at the request of the Civil Rules Committee, is being sent out for comment again.  The proposed rule creates an expedited procedure with an effective, efficient and predictable case management process for lower-value or less complicated cases.
 
Comments on this proposed amendment should be sent by August 7, 2015 to Allan Keyes, Esq., who effective July 1, will assume the Chairmanship 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

Proposed
36
Laferriere, Deb7/1/2015 6:58
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.
 
Comments on these proposed amendments should be sent by October 5, 2015 to P. Scott McGee, Esq., Chair of the Criminal Rules Committee, at the following address:
 
P. Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT  05055-0909
smcgee@hcsmlaw.com
ProposedOctober 5, 2915
40
Laferriere, Deb8/5/2015 15:40
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
34
Laferriere, Deb8/6/2015 7:41
Proposed Amendments to Rules 5, 16, 30 and 41 of the Vermont Rules of Criminal Procedure
PROPOSEDVRCrP5_16_30_41Use SHIFT+ENTER to open the menu (new window).
The proposed 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).
 
The proposed amendment to Rule 16(d)(3) 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.
 
The proposed amendment to Rule 30 reorganizes the rule into three separate paragraphs, and adds subsection (c) to clarify the circumstances under which an objection to a jury instruction is sufficiently preserved.
 
The proposed 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.
 
THE COMMENT PERIOD CLOSED ON JULY 17, 2015
Proposed
33
Laferriere, Deb8/6/2015 7:39
Proposed Amendment to Rule 3(c)(1) of the Vermont Rules Governing Dissemination of Electronic Court Records
PROPOSEDVRDECR3(c)(1)Use SHIFT+ENTER to open the menu (new window).
This proposed amendment to 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 proposed amendment also excludes motor vehicle operators’ license numbers from the list of government-issued identifiers that must be omitted or redacted.
 
Comments on this proposed amendment should be sent by August 7, 2015 to Hon. Thomas Zonay, Chair of the Advisory Committee on Rules on the Rules of Public Access to Court Records at the following address:
 
Honorable Thomas A. Zonay
Chair, Public Access to Court Records Committee
Vermont Superior Court
9 Merchants Row
Rutland, VT 05701
Thomas.zonay@state.vt.us
Proposed
37
Laferriere, Deb7/1/2015 6:58
Proposed Amendments to Rule 1(a)(1) of the Vermont Rules for Electronic Filing
PROPOSEDVREF1(a)(A)Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rule 1(a)(1) provides 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 proposed amendments is to implement the small claims centralization pilot project in those counties.
 
Comments on these proposed amendments should be sent by October 5, 2015 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
ProposedOctober 5, 2015
43
Laferriere, Deb8/6/2015 6:55
Proposed Amendments to Rules 47 and 77 of the Vermont Rules of Probate Procedure
PROPOSEDVRPP47and77Use SHIFT+ENTER to open the menu (new window).
In the interests of uniformity, the proposed 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.
 
Comments on these proposed amendments should be sent by August 7, 2015 to Hon. Joanne M. 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@state.vt.us
 
Proposed
35
Laferriere, Deb7/1/2015 6:59
Proposed Order Making Permanent Emergency Amendments and Promulgating Amendments and Additions to the Vermont Rules of Small Claims Procedure
PROPOSEDVRSCP3_7_10and12EmergencyMadePermanentandFurtherAmendmentsandAdditionstoVRSCP3_7_8_9_10_12Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rules 3(a) (complaint) and (d) (answer) of the Vermont Rules of Small Claims Procedure as amended by emergency rule on April 28, effective May 4, 2015,  further amends the rules and make permanent the emergency amendments, and amend Rule 3(g) (reopening default).
 
The proposed amendments provide that, if the party filing a complaint, an answer, or a motion to reopen a default judgment has agreed by registering an e-mail address in the action that the clerk may return the time-stamped document by e-mail, the party needs to file only the original document and any attachments. The court clerk will then return the document, time-stamped to indicate that it has been filed, to the filing party electronically for service upon the other party. If the filing party has not registered an e-mail address, the party must file an original and one copy of the form and any attachments accompanied by a self-addressed envelope stamped with sufficient postage to enable the clerk to return the document to the filer by ordinary mail.

Amendments to comparable provisions are proposed for V.R.S.C.P. 7(a) (financial disclosure hearing), 8(b) (contempt summons), 9(b) (writ of execution), and 10(a) (notice of appeal).
 
The proposed amendment to Rule 7(a) of the Vermont Rules of Small Claims Procedure as amended by emergency rule on April 28, effective May 4, 2015, further amends and makes emergency amendments permanent to provide for return of a file-stamped motion to a registered filer by e-mail. 
 
The proposed amendment to Rule 9(a) is for stylistic reasons.
 
The proposed amendment to Rule 9(c) clarifies the judgment creditor’s responsibilities.
 
These proposed amendments also provide that Rules 3, 7, 10, and 12 of the Vermont Rules of Small Claims Procedure, promulgated as emergency amendments on April 28, effective May 4, 2015, be made permanent, and that those rules and Rules 8 and 9 of the Vermont Rules of Small Claims Procedure, as amended or added in this order, are prescribed and promulgated as permanent.
 
Comments on these proposed amendments should be sent by October 5, 2015 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
 
ProposedOctober 5, 2015
42
Laferriere, Deb8/6/2015 6:56