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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 Address
expand  Proposal from Board of Bar Examiners to Adopt the Uniform Bar Exam
expand  Proposed Amendments to Rules 4(j) and (o), 9(e), and 15(f)(1)(A) of the Vermont Rules of Family Proceedings
The proposed amendments to Rule 4(j) and (o) provide a procedure for a person seeking on constitutional grounds to challenge a prior determination of parentage to which that person was not a party.
 
The proposed amendment to Rule 9(e) expedites 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.  The time period is stated as five “business” days for the benefit of self-represented litigants.
 
The amendment to Rule 15(f)(1)(A) makes applicable to relief from abuse actions under Rule 9 the provision that an attorney is deemed to have withdrawn after the time for appeal of a final judgment in the proceeding has run.
Jody Racht, Esq., Chair Vermont Attorney General’s Office Ladd Hall, 103 South Main Street Waterbury, VT 05671-0701 Jody.racht@state.vt.us
expand  Proposed Amendments to V.R.P.P. 3(b) and 7, and Addition of 80.4
expand  Proposed Amendments to V.R.C.P. 5(d), Addition of V.R.C.P. 5(h) and Addition of Form 29
At the request of the Civil Rules Committee, the proposed amendments to V.R.C.P. 5(h) and proposed new Form 29, initially sent out for comment on June 13, 2014, are being resent to the Bar for comment, along with a new proposed amendment to V.R.C.P. 5(d).
 
The proposed amendment to Rule 5(d) deletes the provision that a filing by an attorney constitutes a representation that the paper filed has been or will be served.  This language was inconsistent with the proposed simultaneous adoption of Rule 5(h), which 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 parties to file a certificate of service when filing any document with the court.  Proposed Form 29 is a Certificate of Service.
 
Comments on this proposed amendment should be sent by February 17, 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
William Griffin, Esq., Chair Civil Rules Committee Office of the Attorney General 109 State Street Montpelier, VT 05609-1001 bill.griffin@state.vt.us
expand  Proposed Addition of V.R.F.P. 18 and Proposed Amendments to V.R.F.P. 4(a)(2) and 9(a)(2)
expand  Proposed Amendment to Rule 80.11 of the Vermont Rules of Civil Procedure
The proposed addition of Rule 80.11 to the Vermont Rules of Civil Procedure creates an expedited procedure with an effective, efficient and predictable case management process for lower-value or less complicated cases.  It is intended to address a widely recognized problem that the cost and time needed to litigate civil claims are often disproportionate to the value of the case.
 
THE COMMENT PERIOD HAS BEEN EXTENDED UNTIL SEPTEMBER 26, 2014.
Comments on this proposed amendment should be sent by September 26, 2014 to William Griffin, the Chair of the Civil Rules Committee.  He can be reached by email or U.S. mail at the following addresses:
 
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT  05609-1001
bgriffin@atg.state.vt.us
William Griffin, Esq., Chair Civil Rules Committee Office of the Attorney General 109 State Street Montpelier, VT 05609-1001 bgriffin@atg.state.vt.us
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
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
The proposed addition of Rule 9.1 to the Vermont Rules of Civil Procedure incorporates the pleading requirements for an action on a credit card debt added to the Vermont Rules of Small Claims Procedure. The proposed addition of Rule 55(b)(7) requires that a motion for default in a credit card action must be accompanied by signed evidence of the debt or, in the absence of such documentation, a credit card statement showing the debt, “or other competent evidence” of it.  These changes will harmonize practice in small claims and civil actions and avoid the need for discovery with regard to basic items related to a credit card collection claim.
 
The proposed amendment to Rule 3(e) of the Vermont Rules of Small Claims Procedure eliminates the word “clearly” as an unnecessary intensification of the requirement that evidence of successive assignments of the debt show the name of the debtor on the original debt.
 
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
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
expand  Proposed Amendment to Rule 3(b)(2) of the Vermont Rules of Appellate Procedure
The proposed amendment to Rule 3(b)(2) eliminates the automatic entry of appeal provision for cases in which a defendant has entered a plea of guilty or nolo contendere and has been sentenced to life imprisonment.
 
The proposed amendment to Rule 3(b)(2)(C) provides that the clerk of the unit of the Superior Court having the case transmits the necessary appeal documents to the clerk of the Supreme Court as directed by the court in cases of automatic appeal.  Otherwise, transmittal of appeal documents in life sentence cases occurs only upon timely filing of a notice of appeal by defendant or counsel consistent with the provisions of subsection 3(b)(1).
 
The comment period ended on February 21, 2014.
expand  Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct

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 Emergency Order Promulgating Amendments to Rules 3, 7, 10 and 12 of the Vermont Rules of Small Claims Procedure
expand Order Promulgating Amendments to Administrative Order No. 18
These amendments, promulgated on February 9, 2015, and effective immediately, reflect that the position of administrative judge is now referred to as the Chief Superior Judge, and clarify the duties of that position.
 
February 9, 2015February 9, 2015
expand Order Promulgating Amendments to Rules 5, 10 and 11 of the Rules for Mandatory Continuing Legal Education
expand Order Promulgating Amendments to Rule 807 of the Vermont Rules of Evidence
The amendments to Rule 807 removes offensive and outdated language describing individuals with disabilities and instead uses terms consistent with 2013, No. 96 (Adj. Sess.) (effective July 1, 2014), An Act Relating to Respectful Language in the Vermont Statutes Annotated.  The amendment to Rule 807(a) expands the proceedings to which it applies to now include prosecutions of domestic assault under 13 V.S.A. § 1042 or aggravated domestic assault under § 1043 or § 1044 alleged to have been committed against a child age 12 or under, or against a person with a psychiatric, intellectual or development disability.
 
These amendments were promulgated on January 9, 2015, effective March 9, 2015.
January 9, 2015March 9, 2015
expand Promulgation Order for Amendments to V.R.P.P. 3, 4, and 5
expand Promulgation Order for Amendments to V.R.C.P. 45(a)(4) and (b)(1)
The amendments to Rule 45 incorporate the subpoena notice provisions in the language of the recently amended Federal Rule 45 and move the notice requirement from Rule 45(b)(1) to Rule 45(a)(4).
 
The amendments to V.R.C.P. 45(a)(4) and (b)(1), promulgated on December 11, 2014 and effective February 11, 2015.
December 11, 2014February 13, 2015
expand Promulgation Order for Amendments to V.R.F.P. 16
expand Promulgation Order for Amendments to V.R.F.P. 1(a)(3)
This amendment incorporates into juvenile delinquency proceedings V.R.Cr.P. 11.1, which requires the court to warn of possible consequences to a guilty or nolo contendre plea to possessing specific amounts of marijuana or hashish.
 
The amendments to V.R.F.P. 1(a)(3) were promulgated on December 11, 2014, and effective February 11, 2015.
December 11, 2014February 13, 2015
expand Promulgation Order Making Permanent Emergency Amendments to V.R.F.P. 12(a) and (d)
expand Order Promulgating Amendments to V.R.Cr.P. 4, 5, 6, 12, 15, 18, 21, 25, 41, 50, 53, 54, and 56
This Order includes amendments to V.R.Cr.P. 4, 5, 6, 12, 15, 18, 21, 25, 41, 50, 53, 54, and 56.  There are both technical and substantive amendments.  The technical amendments are throughout and make two general changes.  First, the technical amendments reflect changes in nomenclature necessitated by the Judicial Restructuring Act, Act 154 of 2009 (Adj.Sess.), and second, they provide uniform adoption of gender-neutral language.
 
In addition, the Order includes substantive amendments to V.R.Cr.P. 6, 12, 18, and 41.  The amendments to Rule 6 more accurately reflect current grand jury practice, and conform the existing rule to provisions of the current federal rule.  The amendments also reorganize and revise Rule 6(f) regarding secrecy and disclosure of grand jury matters. The amendments to Rule 12 provide currency and clarity as to cognizable motions and motion practice in criminal cases.  The amendments to Rule 18(a) provide further clarification as to venue in cases where charges are pending in multiple units, consistent with the Restructuring Act’s elimination of the “territorial unit” which was formerly of application in the determination of which unit was authorized to hear and determine criminal charges.  The amendments to Rule 41(f) extend the grounds for filing a motion for return of property to property that was initially seized lawfully and not contraband, per the decision in State v. Voog, 2012 VT 1, 191 Vt. 183, 45 A.3d 43.
 
These amendments were promulgated on December 11, 2014, and effective February 13, 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