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Statutes and Rules: PROPOSEDVRCP4(b)-5(h)+forms

Name

PROPOSEDVRCP4(b)-5(h)+forms 

Title of Rule

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 

Rule Type

Proposed 

Brief Statement about Rule

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.

Promulgated Date

 

Promulgated Effective Date

 

Proposed Suspense Date

August 13, 2014 

Contact and Address

William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us

Order #

19 
Created at 6/12/2014 9:44  by Deb Laferriere 
Last modified at 1/12/2015 14:14  by Deb Laferriere