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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 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 3, 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
January 30, 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 3, 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
January 30, 2017
expand  Proposed Order Adding Rule 4(f) to the Vermont Rules of Appellate Procedure
expand  Proposed Amendments to Rule 17 of the Vermont Rules of Criminal Procedure
Rule 17(a) is amended to clarify that a subpoena is provided by the clerk of court, but actually issued by a judicial officer, subject to certain notice of rights on the part of persons subject to subpoena thereto, and the procedures for doing so.
 
Rule 17(c) is amended to add express provision for “nonproceedings” subpoenas duces tecum, that is for production of specified objects, including but not limited to documents and electronically stored information, outside of the context of deposition or judicial proceedings.
 
THE COMMENT PERIOD CLOSED ON SEPTEMBER 16, 2016. 
September 16, 2016
expand  Proposed Amendments to Rules 4(a), 5(e) and 80.2(a) of the Vermont Rules of Probate Procedure
expand  Proposed Amendments to Rules 4(j) and (o) of the Vermont Rules for Family Proceedings
The proposed amendments to Rules 4(j) and (o) address the question raised in Columbia v. Lawton, 2013 VT 2, 193 Vt. 165, 71 A.3d 1218, concerning the remedy for a person seeking to establish parentage after a prior determination of parentage to which that person was not a party.

THE COMMENT PERIOD CLOSED ON JULY 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 43(e) of the Vermont Rules of Probate Procedure
expand  Proposed Order Amending Rule 51(b) of the Vermont Rules of Civil Procedure
The proposed amendment to Rule 51(b) of the Vermont Rules of Civil Procedure clarifies that lawyers may object to an instruction either at the charge conference or at a later time before the jury retires, and that a lawyer objecting at the charge conference does not have to restate the same points after the charge when they have already been stated at length and been ruled upon by the judge at the charge conference.
 
THE COMMENT PERIOD CLOSED ON JANUARY 25, 2016.
expand  Proposed Order Amending Rules 3 and 17 and adding Rule 16.1 of the Vermont Rules of Probate Procedure
expand  Proposed Order Amending Rule 5 of the Vermont Rules of Civil Procedure
The proposed amendments to Rule 5 of the Vermont Rules of Civil Procedure establish procedures for service and filing of documents under the rule by electronic means in all divisions and units of the superior court.  Under the proposed rule, documents must be served by electronic means if required by the Vermont Rules for Electronic Filing, and in all other cases documents may be served by electronic means if the parties have agreed in writing and the writing is filed with the court.
 
THE COMMENT PERIOD CLOSED ON DECEMBER 21, 2015.
expand  Proposed Amendment to Rule 43(f) of the Vermont Rules of Civil Procedure
expand  Proposed Amendments to the Vermont Rules of Appellate Procedure (“Day is a Day”)

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.

expand  Proposed Amendments to the Vermont Rules of Criminal Procedure (“Day is a Day”)
expand  Proposed Amendments to the Vermont Rules of Civil Procedure and the Appendix of Forms ("Day is a Day")
The proposed amendments to Rules 6(a), (b), (d), and (e) adopt the “day is a day” rule, a simplified method of computing time period by incorporating, with minor changes, the language of a 2009 amendment to F.R.C.P. 6(a).  The amendment serves the purposes of both achieving simplicity and maintaining uniformity with the federal practice.
 
The proposed amendments to Rules 3, 4, 4.1, 4.2, 7, 12, 15, 16.1, 16.3, 17, 23, 26, 27, 30, 32, 33, 34, 36, 38, 40, 50, 52, 53, 55, 58, 59, 62, 64, 65, 68, 72, 74, 78, 79.1, 80.1., 80.2, 80.6, 80.7, 80.9, and 80.10 conform their various time periods to the simultaneous amendment of V.R.C.P. 6(a) and provides consistency with the new federal standard for motion practice.
 
The proposed amendments to Forms 1, 1A, 15, and 22 conform their various time periods to the simultaneous amendment of V.R.C.P. 6(a).
The proposed amendment to Rule 4(l)(3)(F) shortens the time for return of waiver of service from 60 to 42 days.
 
The proposed amendment to Rule 13(j) abrogates the subsection because justices’ courts were eliminated and their functions transferred to the District Court by Act 249 of 1973, and the former District court was re-designated as the Criminal Division of the Superior Court and its civil jurisdiction transferred to that court by Act No. 154 of 2009.
 
The proposed amendment to the title of Rule 80.5 and the language of Rule 80.5(a) are amended to reflect the redesignation of the former district court as the Criminal Division of the Superior Court by Act No. 154 of 2009 (Adj. Sess.), § 237(b)(3) (effective July 1, 2010).  Rule 80.5(i) is amended to conform to the simultaneous amendment of V.R.C.P. 6(a).
 
THE COMMENT PERIOD CLOSED ON OCTOBER 5, 2015.
expand  Proposed Amendments to Rule 32 of the Vermont Rules of Criminal 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 CLOSED ON 8/13/2014.


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 a. Order Promulgating Amendment to Rule 3(c)(16) of the Vermont Rules of Criminal Procedure
expand b. Order Promulgating Amendments to Rules 9(b) and 24(d) of the Rules of Admission to the Bar of the Vermont Supreme Court
The amendment to Rule 9(b)(1) extends from three years to five years the time within which an applicant must sit for the bar exam after graduating law school or completing the LOS program.
 
The amendment to Rule 24(d) requires legal interns complete a course in evidence before conducting an evidentiary proceeding.
 
This Order was promulgated on October 5, 2016; effective December 5, 2016.
October 5, 2016December 5, 2016
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
expand Order Abrogating Rule 4 of the Vermont Rules for Family Proceedings and Replacing It with new Rules 4.0-4.3.
The order abrogates Rule 4 of the Vermont Rules for Family Proceedings and replaces it with new Rules 4.0-4.3.  The appendix to the promulgation order contains the new rules, which reorganize, reformat, and restyle former V.R.F.P. 4.  The purpose is to make the rules more accessible and clearer.
 
New Rule 4.0 contains provisions that are generally applicable to all civil family proceedings—divorce, legal separation, dissolution of a civil union, the affirmation or annulment of a marriage, parentage, desertion, and nonsupport.  Rule 4.1 contains additional special provisions for cases involving minor children and parentage.  Rule 4.2 contains provisions pertaining to motions after judgment. Rule 4.3 contains provisions considered to be “special procedures” within the context of civil family proceedings.


This Order waspromulgated on August 25, 2016, effective December 5, 2016.
August 25, 2016December 5, 2016
expand Order Promulgating the Addition of Comment 14 to Rule 1.2 of the Vermont Rules of Professional Conduct
expand Order Promulgating Amendments to Rules 4, 16.3 and 80.10 of the Vermont Rules of Civil Procedure
 Rule 4(d)(2) is amended to provide a uniform, easily administered method of service of complaints and material information on the Vermont Attorney General as required by the state and federal False Claims Acts.
 Rule 16.3, originally promulgated in 1999, is abrogated and replaced by the present rule, which is intended to conform to present practice and provide a simplified mediation rule for cases under the civil rules.  The title of the new rule and references throughout are “Mediation,” rather than “Alternative Dispute Resolution,” reflecting that other forms of ADR are no longer required or governed by the rule.
 
 Rule 80.10(e) regarding orders against stalking or sexual assault is amended consistent with the amendment of V.R.F.P. 9(e), effective September 21, 2015, to provide that the denial of a stalking or sexual assault order under Rule 80.10 must inform the plaintiff that a request for hearing may be entered within five business days after the order is entered on the docket.
 
The amendment is intended to expedite proceedings for holding a hearing when an ex parte temporary relief from abuse order has been denied by requiring that the written denial must inform the plaintiff that the request for hearing must be filed within five business days after entry of the denial on the docket.

This Order was promulgated on July 11, 2016, effective September 12, 2016.


July 11, 2016September 12, 2016
expand Order Promulgating Emergency Amendments to Rule 80.11 of the Vermont Rules of Civil Procedure
expand Order Promulgating Permanent Amendments to Rules 5 and 11 of the Vermont Rules of Criminal Procedure
This Order, promulgated on June 15, 2016, effective August 15, 2016, makes permanent the emergency amendments to Rules 5 and 11 of the Vermont Rules of Criminal Procedure that were promulgated on December 21, 2015; effective January 1, 2016. 
June 15, 2016August 15, 2016
expand Order Promulgating the Addition of Rule 80.11 to the Vermont Rules of Civil Procedure
expand Order Promulgating Amendments to Rule 41(e) of the Vermont Rules of Criminal Procedure
The 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. 

 This Order was promulgated on May 10, 2016, effective August 15, 2016.
May 10, 2016August 15, 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