Proposed and Promulgated
following Proposed Amendments are proposed by the Rules
Committees and have not been reviewed by the Supreme Court.
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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., ChairCivil Rules CommitteeRyan Smith & Carbine, Ltd.P.O. Box 310Rutland, VT 05702 email@example.com
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.
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