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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  Proposed Amendment to Rule 16 of the Vermont Rules for Family Proceedings
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).
 
Comments on these proposed amendments should be sent by February 21, 2014 to P. Scott McGee, the Chair of the Criminal Rules Committee.  He can be reached by email or U.S. mail at the following addresses:
 
Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT  05055-0909
smcgee@hcsmlaw.com
expand  Proposed Amendments to Vermont Rules of Criminal Procedure
expand  Proposed Amendment to Rule 17(a)(3) of the Vermont Rules of Probate Procedure
The proposed amendment to Rule 17(a)(3) clarifies the definition of who should be served at the outset of a guardianship proceeding.
 
Comments on these proposed amendments should be sent by February 3, 2014 to the Hon. Joanne M. Ertel, the Chair of the Probate Rules Committee.  She can be reached by email or U.S. mail at the following addresses:
 
Hon. Joanne M. Ertel
Hartford Probate Court
62 Pleasant Street
Woodstock, VT  05091
Joanne.Ertel@state.vt.us
 
expand  Proposed Amendments to Rules 4(b) and 79(b) and (c) of the Vermont Rules of Civil Procedure
expand  Proposed Amendments to Rule 67 of the Vermont Rules of Probate Procedure
The proposed amendments to Rule 67 provide a new procedural framework for addressing a problem of growing significance in Vermont–thefts of assets by fiduciaries appointed in probate proceedings.
 
Comments on these proposed amendments should be sent by December 13, 2013 to the Hon. Joanne M. Ertel, the Chair of the Probate Rules Committee.  She can be reached by e-mail or U.S. mail at the following addresses:
 
Hon. Joanne M. Ertel
Hartford Probate Court
62 Pleasant Street
Woodstock, VT  05091
Joanne.Ertel@state.vt.us
 
expand  Proposed Amendment to Rule 80.1 of the Vermont Rules of Probate 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.

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 amendment to V.R.C.P. 80.1(b)(3) made permanent
expand Emergency amendment to V.R.A.P. 32(b) made permanent
The emergency amendment to V.R.A.P. 32(b), promulgated on December 17, 2013, effective immediately has been made permanent.  The emergency order restored changes that were promulgated in an amendment of former V.R.A.P. 32(b) effective May 14, 2012, and inadvertently not incorporated in Rule 32(b) of the restyled Rules of Appellate Procedure, which became effective September 3, 2013.  The May 2012 amendments required the filing of an electronic version of the printed case by represented parties.  The words “or printed” case were added in paragraphs (4), (5) and 6) in the present amendment to carry out the intent of the May 2012 amendment.
 
The permanent amendment was promulgated on March 27, 2014, and effective May 27, 2014.
March 27, 2014May 27, 2014
expand Order Amending § 10 of Administrative Order No. 1
expand Order Promulgating Amendments to § 6 of the Rules of Admission to the Bar of the Vermont Supreme Court
The amendments to § 6 makes three changes to the requirements for admission by examination.  First an applicant must achieve a passing score of 135 on both parts of the examination.  The provision for raising a score on one part of the examination by “borrowing” points from the other part has been eliminated.  Second, an applicant must now sit for and pass both parts of the examination at one concurrent administration.  Applicants may continue to sit for the examination in Vermont and another state during the same concurrent administration if the test dates do not conflict.  Except for a brief transition period, applicants are no longer permitted to carry forward a passing score on one part of the examination.  Third, the amendment shortens the time in which the applicant must take and pass the Multistate Professional Responsibility Exam.
January 22, 2014February 24, 2014
expand Order Promulgating Amendments to Rules 7 and 7.1 of the Vermont Rules for Family Proceedings
expand Order Promulgating Amendments to the Rules for Mandatory Continuing Legal Education
Since the institution of the requirement of continuing legal education for attorneys admitted to practice law in Vermont, separate rules and regulations have governed.  These rules and regulations defined the minimal educational requirements, how they could be met, and the process a sponsoring agency must follow in order to offer courses for CLE credit, among other things.  The rules often overlapped with the regulations, and some topics were discussed in both the rules and regulations.  This created an often cumbersome process for attorneys seeking information on the requirements for continuing legal education.  There is no distinction to be made between the rules and regulations, as the Vermont Supreme Court must approve of and administer both.  Therefore, the Board of Mandatory Continuing Legal Education has consolidated the rules and regulations into one document, the Rules for Mandatory Continuing Legal Education.  There have been no substantive changes to the rules or regulations during this rewrite.  The change has been made in an effort to achieve simplicity and for the convenience of those governed by the rules.
December 17, 2013February 18, 2013
expand Order Promulgating Emergency Amendment to Rule 32 of the Vermont Rules of Appellate Procedure
expand Order Amending and Continuing Emergency Amendment to Rule 80.1(b)(3) of the Vermont Rules of Civil Procedure
This Emergency Order is amended to comply with new statutory provisions and continues to provide relief to homeowners faced with foreclosure in the present financial situation.
 
Comments on this emergency amendment should be sent by February 21, 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
December 17, 2013January 1, 2014
expand Order Promulgating Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules of Environmental Proceedings
expand Order Promulgating Emergency Amendment to the Vermont Rules of Criminal Procedure by the addition of Rule 11.1
Rule 11.1 is promulgated consistent with Act No. 76, § 1, effective July 1, 2013, which amended various provisions of 18 V.S.A. § 4230, and directs the court to engage in specific additional colloquy with a defendant entering a plea of guilty or no contest as to the potential collateral consequences of a conviction for subject offenses, extending to such consequences as loss of education financial aid, suspension or revocation of professional licenses, and restricted access to public benefits such as housing.  The statute upon which the rule is based requires that the advisement be provided to the defendant personally in open court, thus requiring presence of the defendant and a record of proceeding in each such case, in contrast to the provisions of Rule 11(c) and (d), amended effective May 13, 2013, which authorize pleas by waiver pursuant to Rule 43, without appearance in open court.
November 13, 2013November 13, 2013
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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