Proposed and Promulgated
following Proposed Amendments are proposed by the Rules
Committees and have not been reviewed by the Supreme Court.
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THE COMMENT PERIOD CLOSED ON JULY 15, 2016.
The proposed amendments to Rules 3, 4, 5, 5.1, 6, 10, 11, 26, 27, 28, 31, 31.1, 39, and 45.1 conform their 5-day, 7-day and 10-day time periods to the simultaneous amendment of V.R.C.P. 6(a) and provide for internal consistency with appellate motion practice.
The proposed amendment to Rule 4(b)(7) provides internal consistency with the simultaneous amendments to V.R.C.P. 50 and 52.
The proposed amendments to Rule 26 incorporate a specific reference to the simultaneous amendment of V.R.C.P. 6(a), deletes V.R.A.P. 26(c) for consistency with the simultaneous deletion of V.R.C.P. 6(e), and redesignates V.R.A.P. 26(d) and (e) as 26(c) and (d).
THE COMMENT PERIOD CLOSED ON OCTOBER 5, 2015.
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 CLOSED ON 8/13/2014.
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This Order was promulgated on July 11, 2016, effective September 12, 2016.
The 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).
This Order was promulgated on May 10, 2016, effective July 11, 2016.