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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 43(f) of the Vermont Rules of Civil Procedure
expand  Proposed Amendments to Rule 1(a)(1) of the Vermont Rules for Electronic Filing
The proposed amendments to Rule 1(a)(1) provides that on and after January 25, 2016, the Vermont Rules for Electronic Filing apply in small claims actions filed in the Addison, Orange, Rutland, and Windsor Units of the Civil Division and in small claims appeals filed in the Rutland and Windsor Units.  The purpose of the proposed amendments is to implement the small claims centralization pilot project in those counties.
 
Comments on these proposed amendments should be sent by October 5, 2015 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  05702 0310
ark@rsclaw.com
October 5, 2015
expand  Proposed Order Making Permanent Emergency Amendments and Promulgating Amendments and Additions to the Vermont Rules of Small Claims 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).

Comments on these proposed amendments should be sent by October 5, 2015 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  05702 0310
ark@rsclaw.com

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).
 
Comments on these proposed amendments should be sent by October 5, 2015 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  05702 0310
ark@rsclaw.com
October 5, 2015
expand  Proposed Amendment to Section 13 of the Rules of Admission to the Bar of the Vermont Supreme Court
expand  Proposed Amendment to Rule 3(c)(1) of the Vermont Rules Governing Dissemination of Electronic Court Records
This proposed amendment to Rule 3(c)(1) is amended for clarity by dividing the present list of personal identifiers in subparagraphs (A) and (B) that must be omitted or redacted into those issued by a governmental entity and those issued by a nongovernmental entity.  The proposed amendment also excludes motor vehicle operators’ license numbers from the list of government-issued identifiers that must be omitted or redacted.
 
Comments on this proposed amendment should be sent by August 7, 2015 to Hon. Thomas Zonay, Chair of the Advisory Committee on Rules on the Rules of Public Access to Court Records at the following address:
 
Honorable Thomas A. Zonay
Chair, Public Access to Court Records Committee
Vermont Superior Court
9 Merchants Row
Rutland, VT 05701
Thomas.zonay@state.vt.us
expand  Proposed Addition of Rule 80.11 to the Vermont Rules of Civil Procedure
expand  Proposed Amendments to Rules 47 and 77 of the Vermont Rules of Probate Procedure
In the interests of uniformity, the proposed amendments to Rule 47 require all units of the Probate Division to record all proceedings, with specific exceptions for proceedings that are normally nonadversarial or where confidentiality may be an issue.  Amended subdivision (b) makes clear that the court may require recording of one of the excepted proceedings on its own or a party’s motion.
 
Comments on these proposed amendments should be sent by August 7, 2015 to Hon. Joanne M. 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@state.vt.us
 
expand  Proposed Amendments to Rule 32 of the Vermont Rules of Criminal Procedure
expand  Proposed Amendments to Rules 5, 16, 30 and 41 of the Vermont Rules of Criminal Procedure
The proposed 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).
 
The proposed amendment to Rule 16(d)(3) adds a new subdivision (d)(3), which provides that the prosecuting attorney is not required to disclose to the defendant information as to the residential address or place of employment of the victim, unless the court finds, based upon a preponderance of the evidence, that nondisclosure of the information will prejudice the defendant.  The amendment serves to implement the provisions of 13 V.S.A. § 5310, while expressly reserving the court’s authority to order that the state disclose the information where necessary to preserve a defendant’s Due Process and Confrontation guarantees.
 
The proposed amendment to Rule 30 reorganizes the rule into three separate paragraphs, and adds subsection (c) to clarify the circumstances under which an objection to a jury instruction is sufficiently preserved.
 
The proposed 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.
 
THE COMMENT PERIOD CLOSED ON JULY 17, 2015
expand  Proposal from Board of Bar Examiners to Adopt the Uniform Bar Exam
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.

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 Order Promulgating Amendments to Rules 3(b)(2) and 10(b)(3) of the Vermont Rules of Appellate Procedure
expand Emergency Order Extending Effective Date for Amendments to the Vermont Rules for Electronic Filing and the Vermont Rules for Environmental Court Proceedings and Promulgating Emergency Amendments to the Vermont Rules for Electronic Filing
This emergency order extends the effective date until January 4, 2016 for implementing electronic filing in the Environmental Division.  The effective date is extended until January 4, 2016 for the amendments to Rules 1, 2, and 11 of the Vermont Rules for Electronic Filing and Rules 3, 4, and 5 of the Vermont Rules for Environmental Court Proceedings, promulgated on July 1, 2015.  Rules 1(a)(2) and 2(b)(6) are amended consistent with the extension of the effective date.
 
August 5,2015August 5, 2015
expand Order Promulgating Amendments to Rules 4(b), 4(l)(3)(H), 5(d) and 5(h) to the Vermont Rules of Civil Procedure and the Appendix of Forms
expand Order Promulgating Amendments to Rules 4(a)(2), 9(a)(2), 9(e), and 15(f)(1)(A) and the Addition of Rule 18 of the Vermont Rules for Family Proceedings
Rule 18 is added to make clear that mediation may be ordered in a Family Division Proceeding and to provide standards and a procedure for the process.
 
The amendments to Rules 4(a)(2) and 9(a) make V.R.C.P. 16.3 for alternative dispute resolution inapplicable in Family Division cases given the adoption of a mediation rule.
 
The 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.
July 20, 2015September 21, 2015
expand Order Promulgating Amendments to Rules 3 and 7 and Addition of Rule 80.4 of the Vermont Rules of Probate Procedure
expand Order Promulgating Amendments to Rules 1(a), 2 and 11 of the Vermont Rules for Electronic Filing and to Rules 3, 4 and 5 the Vermont Rules for Environmental Court Proceedings
Rule 1(a) of the Vermont Rules for Electronic Filing is amended to reflect the extension of electronic filing to the Environmental Division, effective September 1, 2015.  Conforming changes have been made as necessary in other provisions of these rules and in provisions of the Vermont Rules for Environmental Court Proceedings.
 
NOTE:  See Emergency Order dated August 6, 2015, extending the effective date to January 4, 2016.
July 1, 2015September 1, 2015
expand Order Promulgating Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules of Small Claims Procedure
expand Order Promulgating Emergency Amendment to Rule 4(r)(3) of the Vermont Rules for Family Proceedings
This emergency amendment amends Rule 4(r) to conform to an amendment of 32 V.S.A. § 1758 by § E.204.10 of Act 58 of 2015, effective July 1, 2015. The Act permits the Superior Court to order the parties to share the cost of a master in a contested distribution of property exceeding $500,000 in value or a claim for maintenance where there is nonwage income of $150,000 or more, excluding up to $500,000 of income from the sale of a primary residence or jointly owned business.
 
Comments on this emergency amendment promulgated on July 1, 2015; effective immediately, should be sent by September 1, 2015 to Jody Racht, Chair of the Advisory Committee on Rules for Family Proceedings, at the following address:
 
Jody Racht, Esq., Chair
Vermont Attorney General’s Office
Ladd Hall, 103 South Main Street
Waterbury, VT  05671-0701
Jody.racht@state.vt.us
July 1, 2015July 1, 2015
expand Order Promulgating Emergency Amendments to Administrative Order No. 38
expand Order Vacating Orders of February 25, 2015, and March 25, 2015, and Promulgating Emergency Amendments to the Vermont Rules of Small Claims Procedure
The amendments to Rules 3, 7, 10, and 12 are part of the Supreme Court’s effort to obtain cost savings in the operations of the clerk’s offices in all courts by reducing mailing costs and clerk time.  Amended Rule 3 eliminates the requirement that the clerk serve or mail documents to the parties and that the clerk notify the plaintiff if the defendant does not answer within the required time.  Service is now the parties’ responsibility.  Amended Rule 7 specifies that the judgment creditor must send a copy of any disclosure order to the judgment debtor and must file a certificate of service.  Rule 10 is amended to make clear that the parties, rather than the clerks, have the burden of providing necessary notice and service.  Rule 12 is amended to provide that the judgment debtor, rather than the clerk, must mail notice to the judgment creditor of a motion that a judgment be deemed satisfied.  The amendments also set forth the rule provisions in a simpler format for greater clarity and accessibility, with no changes in practice except as described.
 
Comments on these emergency amendments should be sent by June 29, 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
 
April 28, 2015May 4, 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