Skip to main content
State of Vermont Judiciary
Contact Us
Court Information
External Web
Judicial Community
Legal Information
NEXT-GEN CMS
Public Education
Representing Yourself
You are here ► State of Vermont Judiciary > Legal Community 
 
Go Search

 

Legal Community

Proposed and Promulgated Rules


Supreme Court Building
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 Order Amending Rule 47(d) of the Vermont Rules of Probate Procedure
expand  Proposed Amendment to Administrative Order No. 9
The proposed amendment adds paragraph (4) to Rule 1(E) to make clear that the Professional Responsibility Board has the responsibility to review the Rules of Professional Conduct and to make proposals to the Court to amend those rules. The proposed amendment reiterates the obligation under Administrative Order 11 to provide the proper notice and opportunity to comment on amendment proposals and notifies individuals that requests for changes should be directed to the Board.
 
Comments on this proposed amendment should be sent by April 10, 2017, to Emily Wetherell, Staff Attorney at the Vermont Supreme Court, at the following address:
 
Emily Wetherell, Staff Attorney
Vermont Supreme Court
109 State Street
Montpelier, VT  05609-0801
Emily.Wetherell@vermont.gov
 
April 10, 2017
expand  Proposed Amendment to Rule 8.4(g) of the Vermont Rules of Professional Conduct
expand  Proposed Amendments to Rule 26(b) of the Vermont Rules of Civil Procedure
These proposed amendments to Rule 26(b) clarify its provisions regarding identification and deposition of an expert who may testify and bring them more closely in line with comparable provisions of the Federal Rules of Civil Procedure.  The proposed amendments have added numbering and make the provisions clearer and consistent with the remainder of the rule. 
 
Comments on this proposed amendment should be sent by March 13, 2017, 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  05202-0310
ark@rsclaw.com
March 13, 2017
expand  Proposed Amendments to Rules 1, 26, 34(b), 37(f), and 55(c) of the Vermont Rules
expand  Proposed Order Repealing and Replacing Administrative Order No. 41
The proposed Order providing for the licensing of attorneys effective for all licenses issued or renewed for the period beginning on or after July 1, 2017, repeals A.O. 41 and replaces it with a new A.O. 41.
 
The proposed amendments to A.O. 41 are comprehensive. Some sections have been added, some existing sections have been reorganized and renumbered, and other sections have been deleted. The changes are intended to bring clarity to the licensing (and relicensing process) and to reflect practices that have developed over time. Although some of the changes are stylistic, several substantive changes are made. The proposed amendments create and define two new licensing categories: judicial and pro bono emeritus. The proposed amendments also add a provision on relinquishing a license. The proposed amendments remove former § 13A, which allowed government attorneys seeking admission without examination to practice pending completion of a three-month clerkship, because attorneys are no longer required to complete a three-month clerkship prior to admission.
 
Comments on these proposed amendments should be sent by February 21, 2017, to Michael Kennedy, Bar Counsel, at the following address:
 
Michael Kennedy, Bar Counsel
Michael.Kennedy@vermont.gov
February 21, 2017
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.
 
THE COMMENT PERIOD CLOSED ON FEBRUARY 6, 2017.
February 6, 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.
 
THE COMMENT PERIOD CLOSED ON FEBRUARY 6, 2017.
February 6, 2017
expand  Proposed Order Adding Rule 4(f) to the Vermont Rules of Appellate Procedure
expand  Proposed Amendments to Rules 4(a), 5(e) and 80.2(a) of the Vermont Rules of Probate Procedure
Rule 4(a) is amended to adopt language of V.R.C.P. 4(b) and to address a problem that arises with increasing frequency with the increase of self-representation.  The amendment provides that a notice shall comply with the format provisions of the Vermont Rules for Electronic Filing, if applicable.  The petitioner must also include with the notice a blank Notice of Appearance form.  By providing a blank notice of appearance form at the time the complaint is served, unrepresented defendants will be encouraged to provide contact information for the court as well as to comply with V.R.P.P. 79.1(c).
 
Rule 5(e) is replaced by language virtually identical to V.R.C.P. 5(h) requiring a separate certificate of service to be filed after service of any document under Rule 5.
 Rule 80.2(a) is amended to conform to present practice.  The petition will conform to the requirements of Rule 3 to the extent not inconsistent with this rule.  The representation as to the location of real property is necessary to establish jurisdiction and venue.
 
THE COMMENT PERIOD CLOSED ON AUGUST 15, 2016.
expand  Proposed Amendments to Rules 4 and 5 of the Vermont Rules of Environmental Court
expand  Proposed Order Amending Rules 3 and 17 and adding Rule 16.1 of the Vermont Rules of Probate Procedure
The proposed amendments to Rules 3(a) and (b)(3), as previously amended December 11, 2014, effective February 13, 2015, further amend the rule to delete the requirement of Rule 3(a) that notice of the petition be sent to all interested persons, to delete “interested persons” in paragraph (3), and to make clear in paragraphs (3) and (4) that only “the surviving spouse, if any,” as well as “heirs at law,” must consent. The amendments are intended to conform the rule to 14 V.S.A. § 108, which does not require testimony if the spouse and all heirs at law consent to allowance of the will.
 
The proposed amendments to Rules 17(a)(1) and (b)(1) provide conformity with the simultaneous amendments of Rule 3.
 
Proposed Rule 16.1 is added to make clear that mediation may be ordered in a Probate Division proceeding and to provide standards and a procedure for the process. The proposed rule is based in part on V.R.F.P. 18, promulgated July 20, effective September 21, 2015. The proposed rule does not preclude voluntary use of mediation or another form of ADR by agreement of the parties without judicial involvement.
 
THE COMMENT PERIOD CLOSED ON DECEMBER 21, 2015.
expand  Proposed Amendments to the Vermont Rules of Appellate Procedure (“Day is a Day”)
expand  Proposed Amendments to the Vermont Rules of Criminal Procedure (“Day is a Day”)
The proposed amendment to Rule 45 adopts Federal Rule 45’s “day is a day” standard for computation of the running of time period in criminal cases so that time is computed identically under all of the rules of procedure. 
 
The proposed amendments to Rules 12.1(a), 29, 32, 33, and 47 conform their time periods to the “day is a day” standard. 
 
In consideration of the practical difficulties associated with investigation of the circumstances of a proffered alibi defense, and with security and disclosure of expert assessment in the case of insanity or other mental state defenses, the proposed amendment to Rule 12.1(a) increases the period for provision of notice of such defenses from 10 to 30 days, in contrast to other contemporaneous amendments of 10-day periods, which are extended to 14 days.
 
THE COMMENT PERIOD CLOSED ON OCTOBER 5, 2015.
expand  Proposed Amendments to the Vermont Rules of Civil Procedure and the Appendix of Forms ("Day is a Day")
expand  Proposed Amendments to Rule 32 of the Vermont Rules of Criminal Procedure
The proposed amendment to Rule 32 adds subdivision (g) in response to the Court’s decision in State v. Morse, 2014 VT 84, to provide specific procedures for the conduct of, and evidentiary standards in, restitution hearings convened pursuant to 13 V.S.A. § 7043.  The subdivision also specifies written pre-hearing disclosures that are required to be made to the defendant by the prosecuting attorney, who has the burden of proof in establishing restitution claims payable to a victim of crime.
 
THE COMMENT PERIOD CLOSED ON JULY 17, 2015.

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 V.R.Cr.P. 30 and V.R.C.P. 51(b)
expand Promulgation Order Adding Rule 4(f) to the Vermont Rules of Appellate Procedure
New Rule 4(f) provides that deposit of a notice of appeal in the internal prison mailing system can constitute timely filing and requires use of a prison “legal mail” system if available. The rule also explicitly creates a rebuttable presumption that the filing is timely if accompanied by a notarized statement showing deposit in the institution's internal mailing system on or before the last day for filing.
 
This Order was promulgated on January 9, 2017, effective March 13, 2017.
January 9, 2017March 13, 2017
expand Order Promulgating Amendments to V.R.C.P. 43(f), V.R.P.P. 43(e), and V.R.Cr.P. 28
expand Promulgation Order Amending Rules 4.2(a) and 4.3(b) of the Vermont Rules of Family Proceedings
Rule 4.3(b) is amended to 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.  Under the amended rule, a nonparty to a prior parentage determination under 15 V.S.A. §§ 301-108 may seek to claim a deprivation of constitutional rights in that determination by filing a motion to intervene and reopen the matter.
 
The amendment to Rule 4.2(a) implements the simultaneous amendment of Rule 4.3(b) by clarifying that motions to intervene and for relief from a parentage judgment under new Rule 4.3(b)(1), like wage withholding actions under what is now Rule 4.3(b)(2), are excepted from the provisions of Rule 4.2.
 
This Order was promulgated on December 15, 2016, effective February 20, 2017.
December 15, 2016February 20, 2017
expand Promulgation Order Amending Rule 5 of the Vermont Rules of Civil Procedure
expand Promulgation Order Amending Rule 17 of the Vermont Rules of Criminal Procedure
The amendment to Rule 17(a) clarifies 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.  The amendment conforms the rule to current practice.
 
The amendment to Rule 17(c) adds 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 amendment also prescribes certain protections for persons who are subject to the issuance of subpoenas.
 
This Order was promulgated on December 15, 2016, effective February 20, 2017.
December 15, 2016February 20, 2017
expand a. Order Promulgating Amendment to Rule 3(c)(16) of the Vermont Rules of Criminal Procedure
expand 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 was promulgated on August 25, 2016, effective December 5, 2016.
August 25, 2016December 5, 2016
To view items click on arrow 1 - 10 Next

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