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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 Rule 17 of the Vermont Rules of Criminal Procedure
expand  Proposed Amendments to Rules 9(b) and 24(d) of the Vermont Rules of Admission to the Bar of the Vermont Supreme Court
Rule 9(b)(1) is amended to extend 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.
 
Rule 24(d) is amended to require that legal interns complete a course in evidence before conducting an evidentiary proceeding.
 
THE COMMENT PERIOD CLOSED ON AUGUST 15, 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 Amendment to Rule 3(c)(16) of the Vermont Rules of Criminal Procedure
 
The proposed amendment Rule 3(c)(16) prescribes those nonwitnessed misdemeanor offenses for which a law enforcement officer, having probable cause, is authorized to arrest a person. 
 
This proposed amendment is made to conform the nomenclature describing the offense of cruelty to a child to legislative enactment amending 13 V.S.A. § 1304.  Per Act No. 60 of 2015, § 25, the Legislature amended the statute to create a felony offense of cruelty to a child, but retained codification of a misdemeanor offense in § 1304(a), which is the subject of V.R.Cr.P. 3(c)(16), recaptioning the section title as “Cruelty to a Child,” and deleting former reference in the section title to age of either the child or the defendant. The proposed amendment makes a nonsubstantive change to the title of the offense specified.
 
THE COMMENT PERIOD CLOSED ON JULY 15, 2016.
expand  Proposed V.R.Cr.P. 28
expand  Proposed Order Amending Rule 43(e) of the Vermont Rules of Probate Procedure
The proposed amendment to Rule 43(e) of the Vermont Rules of Probate Procedure clarifies the requirements in actions in the Probate Division of the Superior Court for court appointment of interpreters for persons with limited English proficiency (LEP) or hearing impairments.
 
THE COMMENT PERIOD CLOSED ON JANUARY 25, 2016.
expand  Proposed Order Amending Rule 51(b) of the Vermont Rules of Civil Procedure
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 ENDED ON DECEMBER 21, 2015.
expand  Proposed Order Amending Rule 5 of the Vermont Rules of Civil Procedure
expand  Proposed Amendment to Rule 43(f) of the Vermont Rules of Civil Procedure
The proposed amendment to Rule 43(f) makes clear that the requirements in actions in the Civil 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 OCTOBER 5, 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.
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

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 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
expand Order Promulgating Amendments to Rule 16(d) of the Vermont Rules of Criminal Procedure
expand Order Promulgating Amendment to Rule 5 of the Vermont Rules of Criminal Procedure

The 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).

This Order was promulgated on May 10, 2016, effective July 11, 2016.

May 10, 2016July 11, 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