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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 Amendments to Rules 1(a) and 2 of the Vermont Rules for Electronic Filing and Rules 3, 4 and 5 of the Vermont Rules for Environmental Court Proceedings
expand  Proposal from Board of Bar Examiners to Adopt the Uniform Bar Exam
The Board of Bar Examiners has recommended to the Supreme Court that Vermont adopt the Uniform Bar Examination.
 
Comments on this proposal should be sent by April 27, 2015 to Bridget C. Asay, Esq., Chair of the Board of Bar Examiners, at the following address:
 
Bridget A. Asay, Esq., Chair
Vermont Attorney General’s Office
109 State Street
Montpelier, VT  05609-1001
bridget.asay@state.vt.us
 
April 27, 2015
expand  Proposed Amendments to Rules 4(j) and (o), 9(e), and 15(f)(1)(A) of the Vermont Rules of Family Proceedings
expand  Proposed Amendments to V.R.P.P. 3(b) and 7, and Addition of 80.4
The proposed amendments to Rule 3(b) are displayed in a version of Rule 3(b) that reflects amendments promulgated on December 11, 2014 and effective February 11, 2015.  The proposed amendments to Rule 3(b) provide an expedited procedure for dealing with an estate with no assets.  The proposed amendment to Rule 7 is intended to provide a clear and uniform practice for making and hearing motions for all probate courts.  The proposed new Rule 80.4(a) provides a uniform procedure for carrying out the responsibilities imposed by 14 V.S.A. § 103 on the custodian of a will who learns of the death of the testator.  The proposed new Rule 80.4(b) provides that when the Probate Division has custody of a will for safekeeping, the register may reveal the existence of the will upon inquiry and presentation of a death certificate.
 
THE COMMENT PERIOD ENDED 2/17/2015.
Hon. Joanne M. Ertel, Chair Windsor Probate Division 12 The Green Woodstock, VT 05091 Joanne.Ertel@state.vt.us February 17, 2015
expand  Proposed Amendments to V.R.C.P. 5(d), Addition of V.R.C.P. 5(h) and Addition of Form 29
expand  Proposed Addition of V.R.F.P. 18 and Proposed Amendments to V.R.F.P. 4(a)(2) and 9(a)(2)
The proposed amendment adds Rule 18 to the Vermont Rules for Family Proceedings  to make clear that mediation may be ordered in a Family Division  proceeding and to provide standards and a procedure for the process.  The rule is not intended to preclude voluntary use of mediation or another form of ADR by agreement of the parties without judicial involvement. 
 
The proposed amendment to Rule 4(a)(2) reflects the fact that new proposed V.R.F.P. 18, establishes a mediation rule for Family Division cases that renders the application of V.R.C.P. 16.3 for alternative dispute resolution unnecessary and inappropriate.  Rule 9(a)(2) is amended to reflect the fact that new proposed V.R.F.P. 18, establishes a mediation rule for Family Division cases that does not apply to cases under Rule 9 and renders the application of V.R.C.P. 16.3 for alternative dispute resolution unnecessary and inappropriate.
 
THE COMMENT PERIOD ENDED 2/17/2015.
Jody Racht, Esq., Chair Vermont Attorney General’s Office Ladd Hall, 103 South Main Street Waterbury, VT 05671-0701 Jody.racht@state.vt.us February 17, 2015
expand  Proposed Amendment to Rule 80.11 of the Vermont Rules of Civil 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 ENDED ON 8/13/2014.

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
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
The proposed amendments to Rules 4(b) and 4(l)(3)(H) addresses a problem that arises frequently with the increase of self-representation that courts do not have proper contact information for self-represented defendants.  These amendments require the plaintiff to include with the summons a blank Notice of Appearance form.  Self-represented defendants must complete the form to provide contact information to the court and to comply with V.R.C.P. 79.1(d).
 
The proposed amendment to Rule 5(h) also 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 the parties to file a certificate of service when filing any document with the court.
 
The proposed amendments to Form 1 and Form 1B alert a self-represented defendant that he or she must complete and file Form 28 (Notice of Appearance for Self-Represented Litigant).  The proposed amendment of Form 1C (Waiver of Service of Summons) provides for submission of Form 28.  Proposed Form 29 is a Certificate of Service.
 
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 August 13, 2014
expand  Proposed Amendment to Rule 3(b)(2) of the Vermont Rules of Appellate Procedure
expand  Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct
Proposed Comment [3] would be added to Rule 4.1 to address concerns expressed by government lawyers that the Supreme Court’s decision in In re PRB Docket No. 2007-046, 2009 VT 115, 187 Vt. 35, 989 A.2d 523, might be understood as affecting the traditional use of deception as an investigative mechanism in the enforcement of criminal or other laws.
 
The comment period ended on August 26, 2011.
August 26, 2011

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 Extending Effective Date for Emergency Amendments to Rules 3, 7, 10 and 12 the Vermont Rules of Small Claims Procedure
expand Emergency Order Promulgating Amendments to Rule 11(b)(3) of the Vermont Rules of Appellate Procedure
Rule 11(b)(3) is amended as part of the Supreme Court’s effort to obtain cost savings in the operations of the clerk’s offices in all courts by saving clerk time in preparing the record for appeal.  The amendment does not relieve the superior court clerks of their obligation to assure that trial court files sent to the Supreme Court for appeals contain all of the case documents in chronological order.
 
Comments on this emergency amendment should be sent by May 11, 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
 
March 9, 2015April 11, 2015
expand Order Promulgating Amendment to Administrative Order No. 14
expand Order Promulgating Amendments to Administrative Order No. 13
The amendments, promulgated on March 9, 2015 and effective immediately, reflect that the position of administrative judge is now referred to as the Chief Superior Judge, clarify the four divisions within each unit geographic region, and clarify that the Environmental Division has statewide jurisdiction.
March 9, 2015March 9, 2015
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
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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