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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 Amendment to Rule 8.4(g) of the Vermont Rules of Professional Conduct
expand  Proposed Amendments to Rule 26(b) of the Vermont Rules of Civil Procedure
These proposed amendments to Rule 26(b) clarify its provisions regarding identification and deposition of an expert who may testify and bring them more closely in line with comparable provisions of the Federal Rules of Civil Procedure.  The proposed amendments have added numbering and make the provisions clearer and consistent with the remainder of the rule. 
 
Comments on this proposed amendment should be sent by March 13, 2017, 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  05202-0310
ark@rsclaw.com
March 13, 2017
expand  Proposed Amendments to Rules 1, 26, 34(b), 37(f), and 55(c) of the Vermont Rules
expand  Proposed Order Repealing and Replacing Administrative Order No. 41
The proposed Order providing for the licensing of attorneys effective for all licenses issued or renewed for the period beginning on or after July 1, 2017, repeals A.O. 41 and replaces it with a new A.O. 41.
 
The proposed amendments to A.O. 41 are comprehensive. Some sections have been added, some existing sections have been reorganized and renumbered, and other sections have been deleted. The changes are intended to bring clarity to the licensing (and relicensing process) and to reflect practices that have developed over time. Although some of the changes are stylistic, several substantive changes are made. The proposed amendments create and define two new licensing categories: judicial and pro bono emeritus. The proposed amendments also add a provision on relinquishing a license. The proposed amendments remove former § 13A, which allowed government attorneys seeking admission without examination to practice pending completion of a three-month clerkship, because attorneys are no longer required to complete a three-month clerkship prior to admission.
 
Comments on these proposed amendments should be sent by February 21, 2017, to Michael Kennedy, Bar Counsel, at the following address:
 
Michael Kennedy, Bar Counsel
Michael.Kennedy@vermont.gov
February 21, 2017
expand  Proposed Amendment to Rule 5(h) to the Vermont Rules of Civil Procedure
expand  Proposed Order Amending Administrative Order No. 10
The proposed amendment to section B(1) of the “Application of the Code of Judicial Conduct” removes the exemption for financial reporting for continuing part-time judges, which the Terminology section [3] defines as including “judges of probate and assistant judges.” The proposed amendment would require continuing part-time judges to submit a financial disclosure form to make their sources of income more transparent.
 
Comments on these proposed amendments should be sent by February 6, 2017 to Andrew Maass, Esq., incoming Chair of the Judicial Conduct Board, at the following address:
 
Andrew H. Maass, Esq.
Ryan, Smith & Carbine
PO Box 310
Rutland, VT  057012-0310
ahm@rsclaw.com
February 6, 2017
expand  Proposed Amendments to the Vermont Rules of Small Claims Procedure (“Day is a Day”)
expand  Proposed Amendments to the Vermont Rules of Probate Procedure (“Day is a Day”)
The proposed amendment to Rule 4(e) of the Vermont Rules of Probate Procedure conforms its time period to the simultaneous amendment of Rule 6(a).
 
The proposed amendment to Rule 6(a) adopts the “day is a day” rule, a simplified method of computing time periods by incorporating, with minor changes, the language of a similarly proposed amendment to V.R.C.P. 6(a), which in turn, is based upon a 2009 amendment to F.R.C.P. 6(a). The amendments serve the purposes of both achieving simplicity and maintaining uniformity with the Vermont Civil Rules and the federal practice.
 
Comments on these proposed amendments should be sent by February 6, 2017 to Hon. Joanne 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@vermont.gov
February 6, 2017
expand  Proposed Order Adding Rule 4(f) to the Vermont Rules of Appellate Procedure
expand  Proposed Amendments to Rules 4(a), 5(e) and 80.2(a) of the Vermont Rules of Probate Procedure
Rule 4(a) is amended to adopt language of V.R.C.P. 4(b) and to address a problem that arises with increasing frequency with the increase of self-representation.  The amendment provides that a notice shall comply with the format provisions of the Vermont Rules for Electronic Filing, if applicable.  The petitioner must also include with the notice a blank Notice of Appearance form.  By providing a blank notice of appearance form at the time the complaint is served, unrepresented defendants will be encouraged to provide contact information for the court as well as to comply with V.R.P.P. 79.1(c).
 
Rule 5(e) is replaced by language virtually identical to V.R.C.P. 5(h) requiring a separate certificate of service to be filed after service of any document under Rule 5.
 Rule 80.2(a) is amended to conform to present practice.  The petition will conform to the requirements of Rule 3 to the extent not inconsistent with this rule.  The representation as to the location of real property is necessary to establish jurisdiction and venue.
 
THE COMMENT PERIOD CLOSED ON AUGUST 15, 2016.
expand  Proposed Amendments to Rules 4 and 5 of the Vermont Rules of Environmental Court
expand  Proposed V.R.Cr.P. 28
The proposed amendment to Rule 28 of the Vermont Rules of Criminal Procedure clarifies the requirements in actions in the Criminal Division of the Superior Court for court appointment of interpreters for persons with limited English proficiency (LEP) or hearing impairments comply with federal law.
 
THE COMMENT PERIOD CLOSED ON MARCH 11, 2016.
expand  Proposed Order Amending Rule 51(b) of the Vermont Rules of Civil Procedure
expand  Proposed Order Amending Rules 3 and 17 and adding Rule 16.1 of the Vermont Rules of Probate Procedure
The proposed amendments to Rules 3(a) and (b)(3), as previously amended December 11, 2014, effective February 13, 2015, further amend the rule to delete the requirement of Rule 3(a) that notice of the petition be sent to all interested persons, to delete “interested persons” in paragraph (3), and to make clear in paragraphs (3) and (4) that only “the surviving spouse, if any,” as well as “heirs at law,” must consent. The amendments are intended to conform the rule to 14 V.S.A. § 108, which does not require testimony if the spouse and all heirs at law consent to allowance of the will.
 
The proposed amendments to Rules 17(a)(1) and (b)(1) provide conformity with the simultaneous amendments of Rule 3.
 
Proposed Rule 16.1 is added to make clear that mediation may be ordered in a Probate Division proceeding and to provide standards and a procedure for the process. The proposed rule is based in part on V.R.F.P. 18, promulgated July 20, effective September 21, 2015. The proposed rule does not preclude voluntary use of mediation or another form of ADR by agreement of the parties without judicial involvement.
 
THE COMMENT PERIOD ENDED ON DECEMBER 21, 2015.
expand  Proposed Amendments to the Vermont Rules of Appellate Procedure (“Day is a Day”)
expand  Proposed Amendments to the Vermont Rules of Criminal Procedure (“Day is a Day”)
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.
 
THE COMMENT PERIOD CLOSED ON OCTOBER 5, 2015.
expand  Proposed Amendments to the Vermont Rules of Civil Procedure and the Appendix of Forms ("Day is a Day")
expand  Proposed Amendments to Rule 32 of the Vermont Rules of Criminal Procedure
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.

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 Promulgation Order Adding Rule 4(f) to the Vermont Rules of Appellate Procedure
expand Order Promulgating Amendments to V.R.C.P. 43(f), V.R.P.P. 43(e), and V.R.Cr.P. 28
Contemporaneous conforming amendments have been made to Rule 43(e) of the Vermont Rules of Probate Procedure, Rule 28 of the Vermont Rules of Criminal Procedure, and Rule 43(f) of the Vermont Rules of Civil Procedure. The amendments make clear that the requirements in actions of all divisions of the Superior Court for court provision of interpreter services for persons with limited English proficiency (LEP), hearing impairments, or other disability resulting in the need for interpreter services comply with federal law.
 
This Order was promulgated on January 9, 2017, effective March 13, 2017.
January 9, 2017March 13, 2017
expand Promulgation Order Amending Rules 4.2(a) and 4.3(b) of the Vermont Rules of Family Proceedings
expand Promulgation Order Amending Rule 5 of the Vermont Rules of Civil Procedure
The amendment to Rule 5 establishes procedures for service and filing of documents under the rule by electronic means in all divisions and units of the superior court.
 
This Order was promulgated on December 15, 2016, effective February 20, 2017.
December 15, 2016February 20, 2017
expand Promulgation Order Amending Rule 17 of the Vermont Rules of Criminal Procedure
expand a. Order Promulgating Amendment to Rule 3(c)(16) of the Vermont Rules of Criminal Procedure
Rule 3(c) prescribes those nonwitnessed misdemeanor offenses for which a law enforcement officer, having probable cause, is authorized to arrest a person.  The amendment to Rule 3(c)(16) conforms the nomenclature describing the offense of cruelty to a child to legislative enactment amending 13 V.S.A. § 1304.  Per Act No. 60 of 2015, § 25, the Legislature amended the statute to create a felony offense of cruelty to a child, but retained codification of a misdemeanor offense in § 1304(a), which is the subject of V.R.Cr.P. 3(c)(16), recaptioning the section title as “Cruelty to a Child,” and deleting former reference in the section title to age of either the child or the defendant. The amendment makes a nonsubstantive change to the title of the offense specified.
 
This Order was promulgated on October 5, 2016, effective December 5, 2016.
October 5, 2016December 5, 2016
expand Order Promulgating Amendments to Rules 9(b) and 24(d) of the Rules of Admission to the Bar of the Vermont Supreme Court
expand Order Promulgating Amendments to Conform Provisions of the Vermont Rules of Civil Procedure, Rules of Evidence, Rules for Family Proceedings, and Rules for Public Access to Court Records, and Administrative Orders of this Court to Rules 4.0-4.3 of the
These amendments conform the rules with the simultaneous abrogation of former V.R.F.P. 4 and promulgation of restyled and reorganized V.R.F.P. 4.0-4.3.
 
This Order was promulgated on August 25, 2016, effective December 5, 2016.
August 25, 2016December 5, 2016
expand Order Abrogating Rule 4 of the Vermont Rules for Family Proceedings and Replacing It with new Rules 4.0-4.3.
expand Order Promulgating the Addition of Comment 14 to Rule 1.2 of the Vermont Rules of Professional Conduct
Comment [14] is added to clarify that Rule 1.2(d) does not prohibit Vermont lawyers from providing legal advice and legal assistance to clients on issues related to Vermont’s laws regulating marijuana and allowing some permissible uses.  Rule 1.2(d) does not draw a distinction between state and federal law.  Therefore, while the Department of Justice’s current enforcement policy is to focus prosecutorial resources on activities other than those that are legal under state-approved regulatory schemes, marijuana remains an illegal controlled substance under the Federal Controlled Substances Act.  See 21 U.S.C. §§ 801-904.  Arguably, a lawyer violates Rule 1.2(d) by providing a client with legal advice and legal assistance necessary to set up a dispensary of therapeutic cannabis that is legal under Vermont law.  The amendment clarifies that such legal advice and assistance is not a violation of the rule.
 
This Order was promulgated on August 25, 2016, effective October 31, 2016.
August 25, 2016October 31, 2016
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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