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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Comments on these proposed amendments should be sent by July 15, 2016 to Jody Racht, Esq., Chair of the Family Rules Committee, at the following address:
Jody Racht, Esq., ChairVermont Attorney General’s OfficeLadd Hall, 103 South Main StreetWaterbury, VT 05671-0701Jody.email@example.com
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.
Rule 4 is amended to add new subdivisions (c) and (d) to reflect the additional educational requirements for newly admitted attorneys set forth in Rules 12 and 15 of the Rules of Admission to the Bar of the Supreme Court. The purpose of the requirements in subdivision (c) is to expose all newly admitted attorneys to a somewhat uniform CLE curriculum on Vermont specific subjects.
New subdivision 4(d) pertains to the new post-admission mentorship program that replaces the three-month preadmission clerkship requirement for admission to the Vermont Bar, as described in Rule 12 of the Rules of Admission. The mentorship program requires new attorneys to perform certain legal tasks or attend certain legal proceedings or functions to become acclimated to the practice of law in Vermont.
Rule 5 is amended to add new subparagraphs 5(b)(10)(v) and (vi). Rule 5(b)(10)(v) grants credit for participation as a mentor in the new post-admission mentorship program that replaces the three-month clerkship requirement for admission to the Vermont Bar.
The new Rule 5(10)(vi) caps at 10 hours the amount of CLE credit that an attorney may claim for performing work for various committees and the mentorship program, thus requiring some credit to be earned by more traditional CLE learning programs for each reporting period.
This Order was promulgated on March 14, 2016, effective April 18, 2016.