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Proposed and Promulgated Rules


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Proposed

NOTE: The following Proposed Amendments are proposed by the Rules Committees and have not been reviewed by the Supreme Court.  To view more information click on the + next to the title.  To view the complete proposal click on the title.

Brief Statement about RuleContact and AddressDate Comment Period Ends
expand  Proposed Amendments to Rule 32 of the Vermont Rules of Criminal Procedure
expand  Proposed Amendments to Rules 5, 16, 30 and 41 of the Vermont Rules of Criminal Procedure
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.
 
Comments on these proposed amendments should be sent by July 17, 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
expand  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
expand  Proposal from Board of Bar Examiners to Adopt the Uniform Bar Exam
The Board of Bar Examiners has recommended to the Supreme Court that Vermont adopt the Uniform Bar Examination.
 
THE COMMENT PERIOD ENDED 4/27/2015. 
April 27, 2015
expand  Proposed Amendments to Rules 4(j) and (o), 9(e), and 15(f)(1)(A) of the Vermont Rules of Family Proceedings
expand  Proposed Amendments to V.R.P.P. 3(b) and 7, and Addition of 80.4
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.
Hon. Joanne M. Ertel, Chair Windsor Probate Division 12 The Green Woodstock, VT 05091 Joanne.Ertel@state.vt.us February 17, 2015
expand  Proposed Amendments to V.R.C.P. 5(d), Addition of V.R.C.P. 5(h) and Addition of Form 29
expand  Proposed Addition of V.R.F.P. 18 and Proposed Amendments to V.R.F.P. 4(a)(2) and 9(a)(2)
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.
Jody Racht, Esq., Chair Vermont Attorney General’s Office Ladd Hall, 103 South Main Street Waterbury, VT 05671-0701 Jody.racht@state.vt.us February 17, 2015
expand  Proposed Amendment to Rule 80.11 of the Vermont Rules of Civil Procedure
expand  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

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.

expand  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
expand  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
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.
William Griffin, Esq., Chair Civil Rules Committee Office of the Attorney General 109 State Street Montpelier, VT 05609-1001 bgriffin@atg.state.vt.us August 13, 2014
expand  Proposed Amendment to Rule 3(b)(2) of the Vermont Rules of Appellate Procedure
expand  Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct
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.
August 26, 2011

Promulgated Rules Over the Last Two Years

NOTE: To view more information click on the + next to the title.  To view the complete proposal click on the title.

Brief Statement about RulePromulgated DatePromulgated Effective Date
expand Order Vacating Orders of February 25, 2015, and March 25, 2015, and Promulgating Emergency Amendments to the Vermont Rules of Small Claims Procedure
expand Emergency Order Promulgating Amendments to Rule 11(b)(3) of the Vermont Rules of Appellate Procedure
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
 
March 9, 2015April 11, 2015
expand Order Promulgating Amendment to Administrative Order No. 14
expand Order Promulgating Amendments to Administrative Order No. 13
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.
March 9, 2015March 9, 2015
expand Order Promulgating Amendments to Administrative Order No. 18
expand Order Promulgating Amendments to Rules 5, 10 and 11 of the Rules for Mandatory Continuing Legal Education
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.
January 9, 2015March 9, 2015
expand Order Promulgating Amendments to Rule 807 of the Vermont Rules of Evidence
expand Promulgation Order for Amendments to V.R.P.P. 3, 4, and 5
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.
December 11, 2014February 13, 2015
expand Promulgation Order for Amendments to V.R.C.P. 45(a)(4) and (b)(1)
expand Promulgation Order for Amendments to V.R.F.P. 16
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.
December 11, 2014February 13, 2015
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Consolidated Amendments to Electronic Filing

NOTE: To view more information click on the + next to the title.  To view the complete proposal click on the title.

Brief Statement about Rule
expand Consolidated Rules Affecting Electronic Filings