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.