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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
Deb Laferriere3/26/2013 9:19
CORRECTED Restyled Appellate Rules
Corrected PROMULGATED Final Pure Restyled Appellate RulesUse SHIFT+ENTER to open the menu (new window).
This emergency order corrects the Appendix to the Promulgation Order dated June 11, 2013, effective September 3, 2013, which restyled and amended Rules 1-49 of the Vermont Rules of Appellate Procedure.
 
The corrected Appendix includes amendments to V.R.A.P. 3(d), 10(a)(3), 13(c) and 45.1(h) that were adopted February 6, 2013, effective April 8, 2013, and were inadvertently not incorporated into the restyled rules.  They are now restyled and incorporated in V.R.A.P. 3(d), 10(a)(3), 13(a) and 45.1(g).  The corrections were promulgated on August 12, 2013 and the Appendix is corrected effective immediately.
 
The corrected Appendix containing the Restyled Rules will go into effect on the original date of September 3, 2013.
 
The restyled Vermont Rules of Appellate Procedure adopt the format and approach of the restyled Federal Rules of Appellate Procedure adopted in 1998. The restyling is not intended to change the meaning of any rule but is intended to provide a more accessible format for the rules and to simplify them by eliminating ambiguous or archaic language and adopting a more straightforward style.  A few substantive changes in connection with the restyling are delineated below:
 
The docketing statement previously incorporated in Rule 3 is no longer part of the rule.  It will be available on the Vermont Judiciary website.
 
Rule 5(b)(5) eliminates language that is redundant to Rule 5(b)(1)-(4), which contains the requirements for filing an interlocutory appeal in different types of cases.  A statement was eliminated in Rule 5(b)(8)(A) as originally restyled that was not necessary since the Court has discretion to dismiss an interlocutory appeal that was improvidently granted.
 
Rule 6 provides a procedure for appeals from final judgments where permission to appeal must be obtained from the trial court or the Supreme Court.
 
A phrase was deleted in Rule 10(b)(5) which was unnecessary because Rule 33(a) already contains a procedure for prehearing conferences, which the parties are free to adapt.
 
Rule 12(a) specifies that the Supreme Court docket clerk must receive a copy of the certified docket entries from the trial court before docketing an appeal.  Rule sections 12(b)(1) and 12(c) remove the requirement that the Supreme Court clerk receive the record before notifying the parties that record is complete in cases where no transcript is ordered.
 
Rule 28(j) requires parties to file eight copies of any supplemental authority for conformity with the number of briefs required to be filed by Rule 31(b).
 
Rule 33(a)(1) reflects the reality that self-represented parties may also be directed to appear for a prehearing conference.
 
Rule 34(b) requires a request for additional time to be made by motion rather than in a letter addressed to the clerk.
 
Rule 39(c)(4) was deleted because Rule 31(b) no longer requires the filing of an original brief, just eight copies, and the price per folio is a term no longer used.
 
Rule 40(a) provides a time limit for filing a request to extend the period for filing a motion to reargue.  In addition, because the prior page limit in Rule 40(b)(2) was changed to a word-count limit, the parties must now certify compliance with the word-count limit similar to the existing requirement in Rule 32(a)(7)(D).
 
Rule 45.1 recognizes that self-represented parties will not necessarily have an e-mail address, but requires attorneys to provide an e-mail address.
 
Rule 46 no longer refers to an appendix of forms.  The forms will be available on the Judiciary website.
 
PromulgatedAugust 12, 2013 and June 11, 2013September 3, 2013
43
Deb Laferriere8/15/2013 8:23
Order Extending Effective Date for Emergency Amendments to Rules 3, 7, 10 and 12 the Vermont Rules of Small Claims Procedure
ExtensionPROMULGATEDEmergencyVRSCP3_7_10_12Use SHIFT+ENTER to open the menu (new window).
The effective date for the emergency amendments to Rules 3, 7, 10 and 12 of the Vermont Rules of Small Claims Procedure promulgated on February 25, 2015 has been extended from March 30, 2015 to May 4, 2015.
PromulgatedMarch 25, 2015March 25, 2015
73
Deb Laferriere3/25/2015 10:55
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
Deb Laferriere12/15/2014 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
Deb Laferriere1/29/2014 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
Deb Laferriere4/28/2014 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
Deb Laferriere2/24/2015 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
Deb Laferriere3/10/2015 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
Deb Laferriere3/10/2015 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
Deb Laferriere11/12/2013 12:26
Order Promulgating Amendments to the Vermont Rules for Electronic Filing
PROMULGATEDAmendments E-filing et alUse SHIFT+ENTER to open the menu (new window).
The amendments to V.R.E.F. 3(a) and (b), 7(d), 12(g), V.R.C.P. 79.1, V.R.A.P. 3(d), 10(a)(3), 13(c) & 45.1, V.R.F.P. 15(i), V.R.E.P. 5(c), V.R.Cr.P. 44.2(e) and V.R.P.P. 79.1(i) require attorneys appearing in cases in the superior court and the Supreme Court in their initial filing to provide the court with their eCabinet registration number that was assigned on registering an e-mail address or addresses pursuant to Rule 3 of the Vermont Rules for Electronic Filing.  The requirement also applies to self-represented litigants in the Supreme Court who choose to receive documents and notices by e-mail.
 
PromulgatedFebruary 6, 2013April 8, 2013
36
Deb Laferriere3/23/2013 11:10
Order Promulgating Amendments to Administrative Order No. 45
PROMULGATEDAmendmentsAO45Use SHIFT+ENTER to open the menu (new window).
The amendments to A.O. 45 expand the use of e-mail delivery of court-generated notices and documents to the Supreme Court and the Judicial Bureau and to self-represented litigants and case participants other than lawyers representing litigants. The amendments also make changes in the procedures for e-mail delivery of notices and documents in light of the experience in the units and divisions of the superior court that have employed the e-mail delivery. 
PromulgatedFebruary 6, 2013April 8, 2013
37
Deb Laferriere3/23/2013 10:02
Order Promulgating Emergency Amendment to Rule 32 of the Vermont Rules of Appellate Procedure
PROMULGATEDEMERGENCYAmendmentVRAP32Use SHIFT+ENTER to open the menu (new window).
This Emergency Order restores changes that were promulgated in an amendment of former V.R.A.P. 32(b) effective May 14, 2012, and inadvertently not incorporated in Rule 32(b) of the restyled Rules of Appellate Procedure which became effective September 3, 2013.  The May 2012 amendments required the filing of an electronic version of the printed case by represented parties.  The words “or printed” case have been added in paragraphs (4), (5,) and 6) in the present amendment to carry out the intent of the May 2012 amendment.
PromulgatedDecember 17, 2013December 17, 2013
49
Deb Laferriere12/19/2013 11:18
Order Promulgating Emergency Amendment to the Vermont Rules of Criminal Procedure by the addition of Rule 11.1
PROMULGATEDEMERGENCYAMENDMENTVRCrP11.1Use SHIFT+ENTER to open the menu (new window).
Rule 11.1 is promulgated consistent with Act No. 76, § 1, effective July 1, 2013, which amended various provisions of 18 V.S.A. § 4230, and directs the court to engage in specific additional colloquy with a defendant entering a plea of guilty or no contest as to the potential collateral consequences of a conviction for subject offenses, extending to such consequences as loss of education financial aid, suspension or revocation of professional licenses, and restricted access to public benefits such as housing.  The statute upon which the rule is based requires that the advisement be provided to the defendant personally in open court, thus requiring presence of the defendant and a record of proceeding in each such case, in contrast to the provisions of Rule 11(c) and (d), amended effective May 13, 2013, which authorize pleas by waiver pursuant to Rule 43, without appearance in open court.
PromulgatedNovember 13, 2013November 13, 2013
46
Deb Laferriere11/15/2013 11:04
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
Deb Laferriere12/12/2014 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
Sheila Lowe3/11/2015 14:12
Order Promulgating Emergency Amendments to Rule 30 of the V.R.A.P.
PROMULGATEDEMERGENCYVRAP30_June11 2013 with dissentUse SHIFT+ENTER to open the menu (new window).
The emergency amendment to Rules 30(b), (d) and (f) provides that in cases without an electronic case file, a litigant must file eight paper copies and an electronic copy of the printed cases and exhibits.  The temporary rule allowed the filing of only one paper copy of the printed case, and this proved to be insufficient for the needs of the Court.
 
The emergency amendment to Rule 30(a) requires the sequential numbering of the printed case to begin on the cover sheet.  This will make the page references consistent with the electronic pagination. 
The emergency amendment to Rule 30(c) clarifies that in cases with an electronic file, litigants may file a printed case, but are not required to do so.
 
 These emergency amendments were promulgated without resort to the notice and comment procedures set forth in A.O. 11 since the prior amendments to Rules 30(b), (d) and (f) are set to expire on June 30, 2013, and all of the amendments are necessary to the continued effective functioning of the Court.
PromulgatedJune 11, 2013July 1, 2013
40
Deb Laferriere6/18/2013 7:24
Emergency amendment to V.R.A.P. 32(b) made permanent
PROMULGATEDEMERGENCYVRAP32madepermanentUse SHIFT+ENTER to open the menu (new window).
The emergency amendment to V.R.A.P. 32(b), promulgated on December 17, 2013, effective immediately has been made permanent.  The emergency order restored changes that were promulgated in an amendment of former V.R.A.P. 32(b) effective May 14, 2012, and inadvertently not incorporated in Rule 32(b) of the restyled Rules of Appellate Procedure, which became effective September 3, 2013.  The May 2012 amendments required the filing of an electronic version of the printed case by represented parties.  The words “or printed” case were added in paragraphs (4), (5) and 6) in the present amendment to carry out the intent of the May 2012 amendment.
 
The permanent amendment was promulgated on March 27, 2014, and effective May 27, 2014.
PromulgatedMarch 27, 2014May 27, 2014
53
Deb Laferriere3/28/2014 13:46
Emergency amendment to V.R.C.P. 80.1(b)(3) made permanent
PROMULGATEDEMERGENCYVRCP80 1(b)(3)madepermanentUse SHIFT+ENTER to open the menu (new window).
The emergency order promulgated on December 17, 2013, effective January 1, 2014, which amended the rule to comply with new statutory provisions and to continue to provide relief to homeowners faced with foreclosure, has been made permanent.
 
PromulgatedMarch 27, 2014May 27, 2014
54
Deb Laferriere3/31/2014 8:40
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.
Comments on this emergency amendment should be sent by September 19, 2014 to Jody Racht, the Chair of the Family Rules Committee.  She can be reached by email or U.S. mail at the following addresses:
 
Jody Racht, Esq., Chair
Vermont Attorney General’s Office
103 South Main Street
Waterbury, VT  05671-0701
Jody.racht@state.vt.us
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
Deb Laferriere7/21/2014 14:49
Emergency Order Promulgating Amendments to Rules 3, 7, 10 and 12 of the Vermont Rules of Small Claims Procedure
PROMULGATEDEmergencyVRSCP3_7_10_12Use SHIFT+ENTER to open the menu (new window).
Rule 3 is amended as part of the Supreme Court’s effort to obtain costs savings in the operations of the clerk’s offices in all courts by saving mailing costs and clerk time. The amended rule eliminates the requirement that the clerk serve or mail documents to the parties, making this the parties’ responsibility.  The court is also no longer required to notify plaintiff of defendant’s failure to answer.  The amended sets forth its provisions in a simpler format for greater clarity and accessibility, with no changes in practice except as described.
 
Please note that an Order promulgated on 3/25/2015 extended the effective date from March 30, 2015 to May 4, 2015.
 
Comments on these emergency amendments should be sent by April 27, 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
PromulgatedFebruary 25, 2015NOTE:  EFFECTIVE DATE HAS BEEN EXTENDED FROM 3/30/2015 to 5/4/2015
69
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bill.griffin@state.vt.us
Deb Laferriere3/25/2015 10:53
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
Deb Laferriere1/12/2015 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
Deb Laferriere6/16/2014 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
Deb Laferriere1/29/2014 9:58
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
Deb Laferriere6/12/2014 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
Deb Laferriere12/15/2014 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.
 
Comments on this emergency amendment should be sent by February 21, 2014 to William Griffin, the Chair of the Civil Rules Committee.  He can be reached by email or U.S. mail at the following addresses:
 
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us
PromulgatedDecember 17, 2013January 1, 2014
48
Deb Laferriere12/19/2013 11:19
Order Promulgating Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules of Environmental Proceedings
PROMULGATEDVRCP801(b)(3)_80.9_VRECP5(h)(1)Use SHIFT+ENTER to open the menu (new window).

The amendment to V.R.C.P. 80.1(b)(3) reflects changes in Homeownership Centers information and the elimination and consolidation of the functions of the Department of Banking, Insurance, Securities and Health Care Administration in the Department of Financial Regulation.
 
The amendment to V.R.C.P. 80.9 reflects the elimination of the District Court and the transfer of its jurisdiction over municipal parking violations to the Criminal Division of the Superior Court.
 
The amendment to V.R.E.C.P. 5(h)(1) requires the appellant to produce a transcript in all on-the record appeals, eliminating the former distinction that allowed the appellant to submit an electronic recording of proceedings less than 12 hours in duration.  The amendment also clarifies that on-the-record appeals are governed by all applicable provisions of the Vermont Rules of Appellate Procedure except as modified by this rule, and incorporates the procedure for ordering and paying for a transcript from a Court-appointed transcription service pursuant to V.R.A.P. 10(b)(1), (2), (7).
 
New subparagraph (C) gives the court discretion, on a showing of financial hardship or other good cause by the appellant, to allow an electronic recording to be used instead of a transcript.  To support a claim of financial hardship, the appellant should provide the court with information as to the length of the hearing and the anticipated cost of the transcript in addition to information about his or her financial circumstances.
PromulgatedDecember 2, 2013February 3, 2014
47
Deb Laferriere3/10/2015 15:10
Order Promulgating Amendments to V.R.Cr.P. 11(c) and (d), 16.2, 26, 30, 41 and 44.2(c)
PROMULGATEDVRCrP11(c)(d)_16.2_26_30_41_44.2Use SHIFT+ENTER to open the menu (new window).
The amendment to Rules 11(c) and (d) of the Vermont Rules of Criminal Procedure relates to pleas of guilty or nolo contendere in misdemeanor cases.
 
The amendment to V.R.Cr.P. 16.2 follows revisions to the ABA Standards for Criminal Justice Discovery, Third Edition.
 The amendment to V.R.Cr.P. 26 increases to thirty days before trial the notice required of an intent to introduce evidence of other acts or offenses.
 
The amendment to V.R.Cr.P. 30 contemplates that the court will have discretion to give preliminary instructions prior to the taking of evidence, as well as to give some instructions after the close of evidence, but prior to argument.
 
The amendments to V.R.Cr.P. 41, consistent with Administrative Order No. 43 issued on January 20, 2012, provide specific procedures for the timely filing of documents associated with the issuance, denial and execution of search warrants, and the returns and inventories required following execution. 
 
The amendment to V.R.Cr.P. 44.2(c) provides consistency in treatment of withdrawal of counsel following entry of judgment of conviction, which occurs at time of sentencing pursuant to Rule 32(b).
 
PromulgatedMarch 12, 2013May 13, 2013
38
Deb Laferriere3/26/2013 10:59
Order Promulgating Amendments to Rule 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
Deb Laferriere1/12/2015 14:04
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
Deb Laferriere12/12/2014 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
Deb Laferriere8/15/2013 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
Deb Laferriere12/12/2014 15:53
Order Promulgating Amendments to Rules 7 and 7.1 of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP7and7.1Use SHIFT+ENTER to open the menu (new window).
Rule 7, applicable to appointment of guardians ad litem (GALs) and attorneys for minors in proceedings under Rules 4 and 9, is replaced by a revised version intended to address issues that have arisen under the original rule.
 
PromulgatedJanuary 22, 2014March 24, 2014
51
Deb Laferriere1/29/2014 8:25
Order Promulgating Amendment to Rule 9(l) of the Vermont Rules for Family Proceedings
PROMULGATEDVRFP9(l)Use SHIFT+ENTER to open the menu (new window).
Rule 9(l) is added to implement the provisions of 33 V.S.A. § 6931 et seq., which provide that a petition for relief of a vulnerable adult, as defined in 33 V.S.A. § 6902(14), from abuse, neglect, or exploitation may be filed either by the vulnerable adult or by an “interested person” on the vulnerable adult’s behalf.
PromulgatedSeptember 12, 2013November 12, 2013
44
Deb Laferriere10/14/2013 8:47
Order Promulgating 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
Deb Laferriere11/18/2014 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
Deb Laferriere1/20/2015 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
Deb Laferriere6/12/2014 10:16
Order Promulgating Amendments to V.R.P.P. 64, 68 and 72
PROMULGATEDVRPP64_68_72Use SHIFT+ENTER to open the menu (new window).
The amendment to Rule 64(a) of the Vermont Rules of Probate Procedure provides consistency with the amendment of V.R.P.P. 4(e) promulgated effective July 10, 2012, to conform to the amendment of that rule by Act 144 of 2011 (Adj. Sess.), § 1.  The statute and the rule amendment eliminate the requirement of publication in two successive weeks in favor of a single publication.  Notice to creditors under Rule 64(a) is to be published as provided in amended V.R.P.P. 4(e) unless notice has previously been given.
 
The amendment to V.R.P.P. 68 conforms the rule to Act No. 78 of 2011 (Adj. Sess.), § 2, eff. April 2, 2012, which renamed the Department of Banking, Insurance, Securities and Health Care Administration as the Department of Financial Regulation.
 
The amendments to V.R.P.P. 72 provide a uniform procedure for enforcement of probate division orders by contempt proceedings.
PromulgatedMarch 12, 2013May 13, 2013
39
Deb Laferriere3/26/2013 11:05
Order Promulgating Amendments Rules 3, 7, 8, and 13 of the Vermont Rules of Small Claims Procedure
PROMULGATEDVRSCP3_7_8_13Use SHIFT+ENTER to open the menu (new window).
The amendment to V.R.S.C.P. 3(b) simplifies the rule by substituting a single 30-day response time for the answer and eliminating the acknowledgement provisions under which a defendant was allowed an additional 20 days to answer after filing an acknowledgement that the summons and complaint had been received.
 
The amendment to V.R.S.C.P. 3(d) clarifies that an answer is due either within 30 days of the date of mailing of the summons and complaint or within 30 days of service by the sheriff.
 
The amendment to V.R.S.C.P. 3(e) and the addition of 3(h) address the complexities that may arise in credit card debt collection actions by requiring the plaintiff creditor to establish the existence of the debt and ownership of it.
 
The amendment to V.R.S.C.P. 3(e) requires that a motion for default in a credit card case must be accompanied by signed evidence of the debt or, in the absence of such documentation, a credit card statement showing the debt, “or other competent evidence” of it.
 
The amendment to V.R.S.C.P. 7(d) eliminates the requirement that the judgment creditor serve an order resulting from a financial disclosure hearing by sheriff.  The change allows this service to be accomplished by first class mail.

The amendment to V.R.S.C.P. 8(c), regarding the consequences of a debtor failing to appear at a contempt hearing, eliminates the word “ordinarily” and substitutes the word “may,” recognizing that it is fully within the court’s discretion to decide what any penalty should be.
 
The amendment to V.R.S.C.P. 13 makes clear that, although V.R.C.P. 11 does not apply to small claims proceedings of its own force by virtue of V.R.S.C.P. 1(a), it may be used by analogy in a proper case when a party’s pleadings, motions, or other written submissions are calculated to impede the purpose of the small claims rules to secure “a simple, informal, and inexpensive disposition of” the claim.
 
PromulgatedJuly 10, 2013September 9, 2013
42
Deb Laferriere8/15/2013 8:23
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.
 
Comments on this proposal should be sent by April 27, 2015 to Bridget C. Asay, Esq., Chair of the Board of Bar Examiners, at the following address:
 
Bridget A. Asay, Esq., Chair
Vermont Attorney General’s Office
109 State Street
Montpelier, VT  05609-1001
bridget.asay@state.vt.us
 
ProposedApril 27, 2015
31
Deb Laferriere2/26/2015 11:37
Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct
PROPOSEDAmendmentComment3toVRPrC4.1Use SHIFT+ENTER to open the menu (new window).
Proposed Comment [3] would be added to Rule 4.1 to address concerns expressed by government lawyers that the Supreme Court’s decision in In re PRB Docket No. 2007-046, 2009 VT 115, 187 Vt. 35, 989 A.2d 523, might be understood as affecting the traditional use of deception as an investigative mechanism in the enforcement of criminal or other laws.
 
The comment period ended on August 26, 2011.
ProposedAugust 26, 2011
1
Deb Laferriere3/22/2013 14:05
Proposed Amendment to Rule 3(b)(2) of the Vermont Rules of Appellate Procedure
PROPOSEDVRAP3(b)(2)Use SHIFT+ENTER to open the menu (new window).
The proposed amendment to Rule 3(b)(2) eliminates the automatic entry of appeal provision for cases in which a defendant has entered a plea of guilty or nolo contendere and has been sentenced to life imprisonment.
 
The proposed amendment to Rule 3(b)(2)(C) provides that the clerk of the unit of the Superior Court having the case transmits the necessary appeal documents to the clerk of the Supreme Court as directed by the court in cases of automatic appeal.  Otherwise, transmittal of appeal documents in life sentence cases occurs only upon timely filing of a notice of appeal by defendant or counsel consistent with the provisions of subsection 3(b)(1).
 
The comment period ended on February 21, 2014.
Proposed
17
Deb Laferriere8/27/2014 11:57
Proposed Amendments to V.R.C.P. 5(d), Addition of V.R.C.P. 5(h) and Addition of Form 29
PROPOSEDVRCP 5(d), (h), Form 29Use SHIFT+ENTER to open the menu (new window).
At the request of the Civil Rules Committee, the proposed amendments to V.R.C.P. 5(h) and proposed new Form 29, initially sent out for comment on June 13, 2014, are being resent to the Bar for comment, along with a new proposed amendment to V.R.C.P. 5(d).
 
The proposed 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.  This language was inconsistent with the proposed simultaneous adoption of Rule 5(h), which 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 parties to file a certificate of service when filing any document with the court.  Proposed Form 29 is a Certificate of Service.
 
THE COMMENT PERIOD ENDED 2/17/2015.
ProposedFebruary 17, 2015
28
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bill.griffin@state.vt.us
Deb Laferriere3/26/2015 8:34
Proposed Amendments to Rules 4(b), 4(l)(3)(H), 5(h), and Forms 1, 1B, 28 and 29 of the Vermont Rules of Civil Procedure
PROPOSEDVRCP4(b)-5(h)+formsUse SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rules 4(b) and 4(l)(3)(H) addresses 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 proposed amendment to 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 proposed 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).  The proposed amendment of Form 1C (Waiver of Service of Summons) provides for submission of Form 28.  Proposed Form 29 is a Certificate of Service.
 
The Comment period ended on August 13, 2014.
ProposedAugust 13, 2014
19
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us
Deb Laferriere1/12/2015 14:14
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 ENDED ON 8/13/2014.

Proposed
21
Deb Laferriere3/26/2015 8:35
Proposed Amendments to Rules 9.1 and 55(b)(7) of the Vermont Rules of Civil Procedure and Rule  3(e) and (h)(7) of the Vermont Rules of Small Claims Procedure
PROPOSEDVRCP9.1(h)_ 55(b)_ VRSCP3Use SHIFT+ENTER to open the menu (new window).
The proposed addition of Rule 9.1 to the Vermont Rules of Civil Procedure incorporates the pleading requirements for an action on a credit card debt added to the Vermont Rules of Small Claims Procedure. The proposed addition of Rule 55(b)(7) requires that a motion for default in a credit card action 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.  These changes 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.
 
The proposed amendment to Rule 3(e) of the Vermont Rules of Small Claims Procedure eliminates the word “clearly” as an unnecessary intensification of the requirement that evidence of successive assignments of the debt show the name of the debtor on the original debt.
 
THE COMMENT PERIOD ENDED ON 8/13/2014.
Proposed
20
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us
Deb Laferriere3/26/2015 8:35
Proposed Amendment to Rule 80.11 of the Vermont Rules of Civil Procedure
PROPOSEDVRCPRule 80.11Use SHIFT+ENTER to open the menu (new window).
The proposed addition of Rule 80.11 to the Vermont Rules of Civil Procedure creates an expedited procedure with an effective, efficient and predictable case management process for lower-value or less complicated cases.  It is intended to address a widely recognized problem that the cost and time needed to litigate civil claims are often disproportionate to the value of the case.
 
THE COMMENT PERIOD ENDED 9/26/14.
ProposedSeptember 26 2014
22
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us
Deb Laferriere3/26/2015 8:36
Proposed Amendments to Rules 1(a) and 2 of the Vermont Rules for Electronic Filing and Rules 3, 4 and 5 of the Vermont Rules for Environmental Court Proceedings
PROPOSEDVREF1(a)_2(a)and(b)_11andVRECP3_4_5Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rules 1(a) and 2 of the Vermont Rules for Electronic Filing and Rules 3, 4 and 5 of the Vermont Rules for Environmental Court Proceedings reflect the extension of electronic filing to the Environmental Division, effective September 1, 2015.
 
Comments on these proposed amendments 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
ProposedMay 11, 2015
32
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bill.griffin@state.vt.us
Sheila Lowe3/11/2015 14:17
Proposed Addition of V.R.F.P. 18 and Proposed Amendments to V.R.F.P. 4(a)(2) and 9(a)(2)
PROPOSEDVRFP18_4(a)(2)_9(a)(2)Use SHIFT+ENTER to open the menu (new window).
The proposed amendment adds Rule 18 to the Vermont Rules for Family Proceedings  to make clear that mediation may be ordered in a Family Division  proceeding and to provide standards and a procedure for the process.  The rule is not intended to preclude voluntary use of mediation or another form of ADR by agreement of the parties without judicial involvement. 
 
The proposed amendment to Rule 4(a)(2) reflects the fact that new proposed V.R.F.P. 18, establishes a mediation rule for Family Division cases that renders the application of V.R.C.P. 16.3 for alternative dispute resolution unnecessary and inappropriate.  Rule 9(a)(2) is amended to reflect the fact that new proposed V.R.F.P. 18, establishes a mediation rule for Family Division cases that does not apply to cases under Rule 9 and renders the application of V.R.C.P. 16.3 for alternative dispute resolution unnecessary and inappropriate.
 
THE COMMENT PERIOD ENDED 2/17/2015.
ProposedFebruary 17, 2015
27
Jody Racht, Esq., Chair
Vermont Attorney General’s Office
Ladd Hall, 103 South Main Street
Waterbury, VT  05671-0701
Jody.racht@state.vt.us
Deb Laferriere3/26/2015 8:33
Proposed Amendments to Rules 4(j) and (o), 9(e), and 15(f)(1)(A) of the Vermont Rules of Family Proceedings
PROPOSEDVRFP4_9_15Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rule 4(j) and (o) provide a procedure for a person seeking on constitutional grounds to challenge a prior determination of parentage to which that person was not a party.
 
The proposed 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.

Comments on these proposed amendments should be sent by April 27, 2015 to Jody Racht, Esq., Chair of the Family Rules Committee, 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
ProposedApril 27, 2015
30
Jody Racht, Esq., Chair
Vermont Attorney General’s Office
Ladd Hall, 103 South Main Street
Waterbury, VT  05671-0701
Jody.racht@state.vt.us

Deb Laferriere3/11/2015 13:19
Proposed Amendments to V.R.P.P. 3(b) and 7, and Addition of 80.4
PROPOSEDVRPP3_7_80.4Use SHIFT+ENTER to open the menu (new window).
The proposed amendments to Rule 3(b) are displayed in a version of Rule 3(b) that reflects amendments promulgated on December 11, 2014 and effective February 11, 2015.  The proposed amendments to Rule 3(b) provide an expedited procedure for dealing with an estate with no assets.  The proposed amendment to Rule 7 is intended to provide a clear and uniform practice for making and hearing motions for all probate courts.  The proposed new Rule 80.4(a) provides 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 the testator.  The proposed new Rule 80.4(b) provides that when the Probate Division has custody of a will for safekeeping, the register may reveal the existence of the will upon inquiry and presentation of a death certificate.
 
THE COMMENT PERIOD ENDED 2/17/2015.
ProposedFebruary 17, 2015
29
Hon. Joanne M. Ertel, Chair
Windsor Probate Division
12 The Green
Woodstock, VT  05091
Joanne.Ertel@state.vt.us
Deb Laferriere3/26/2015 8:35