Promulgation Order for V.R.Cr.P. 5(e)

This Order was promulgated on October 17, 2017, effective December 18, 2017. The amendments to Rule 5 revise the rule to conform to amendments to 13 V.S.A. § 7554c, which relates to pretrial risk assessments and needs screenings. Under the amendments, the results of the pretrial risk assessment and needs screenings are provided directly to defendants and their attorneys, the prosecutors, and the court. The amendment also clarifies that while the court may order a defendant to meet with a pretrial services coordinator and participate in a needs screening, to participate in a clinical assessment by a substance abuse or mental health treatment provide and follow the recommendations of the provider, and to otherwise participate in pretrial services, such orders are deemed to be in addition to conditions of release authorized by law, and do not serve to limit the discretion of the court to impose conditions of release authorized under 13 V.S.A. § 7554.

Promulgation Order for V.R.Cr.P.11.1

This Order was promulgated on October 17, 2017, effective December 18, 2017. The amendments to Rule 11.1 to reflect changes necessitated by enactment of Act 133 of 2015 (Adj. Sess.), which expressly prescribes the consequences resulting from the court’s failure to provide the defendant with notice of collateral consequences. The amendment also clarifies that the rule is of application only to convictions for violation of 18 V.S.A. § 4230(a) and not for all offenses prescribed by § 4230.

Promulgation Order for A.O. 10, Application

This Order was promulgated on October 17, 2017, effective February 1, 2019. The 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 amendment will now require continuing part-time judges to submit a financial disclosure form to make their sources of income more transparent.  The rule change becomes effective February 1, 2019 to coincide with the beginning of the terms for part-time judges.

Promulgation Order for A.O. 10, Canon 4

This Order was promulgated on October 17, 2017, effective December 18, 2017. The amendment to Canon 4 § H(2) clarifies that in addition to reporting compensation received as a result of extra-judicial activities, a judge is required to report rental income.  The amendment to Canon 4 § I adds a title and subdivision (1), which requires a judge to disclose any investment over $5,000 in an entity appearing as a party before the judge.

Promulgation Order Making V.R.A.P. 11(b)(3) Permanent

This Order was promulgated on October 17, 2017, effective December 18, 2017. The emergency amendment to Rule 11(b)(3) promulgated on March 9, 2015, effective April 10, 2015, has been made permanent. The emergency amendment had been made 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.

Promulgation Order for V.R.P.P. 47(d)

This Order was promulgated on October 17, 2017, effective December 18, 2017. The amendment conforms Rule 47(d) to current practice regarding recording of court proceedings, and deletes language that is unnecessary and inappropriate.

Emergency Promulgation Order for V.R.P.P. 52(b) and 60(c)

This emergency Order was promulgated on October 17, 2017, effective January 1, 2018. These emergency amendments make changes to the day-is-a-day order. It further amends Rule 52(b), as amended September 20, 2017, effective January 1, 2018, to provide a 14-day time period consistent with the basic purpose of the day-is-a-day amendments of the civil and probate rules rather than the 28 days adopted initially for consistency with the comparable provisions of the Federal Rules of Civil Procedure. The amendment to Rule 60(c), as amended September 20, 2017, effective January 1, 2018, is further amended to provide a 14-day time period consistent with the basic purpose of the day-is-a-day amendments of the Civil and Probate rules rather than the 28 days adopted initially for consistency with the comparable provisions of the Federal Rules of Civil Procedure. Both changes reflect the significant differences between probate and civil practice. Matters in probate court generally involve important personal concerns that could be adversely affected by the additional extension of the time for appeal resulting from the longer period. Moreover, there is less need in probate practice to be concerned with uniformity with the Federal Rules.

“Day is a Day” Amendments to Appellate, Civil, Criminal, Environmental, Family, Juror, MCLE, Probate, and Small Claims

These Orders were promulgated on September 20, 2017, effective January 1, 2018. The amendments to various rules adopt the “day is a day” rule, a simplified method of computing time periods adopted in 2009 amendments to the federal rules. Under the former rules, a period of 11 days or more was computed differently than a period of 10 days or less. The shorter time periods did not count intervening Saturdays, Sundays, or legal holidays. Under the amended rules, all deadlines are computed the same way no matter the length—all days, including intermediate Saturdays, Sundays, and legal holidays, are counted. If the period ends on a Saturday, Sunday, or legal holiday, the deadline falls on the next business day.

Because periods of 10 days or less would be shortened by the inclusion of intermediate Saturdays, Sundays, and legal holidays, the shorter time periods have been extended. Most time periods are changed to use multiples of 7 so that time periods will end on a week day. In general, the amendments change periods of 3 days to 5 days, 5 days to 7 days, 10 and 15 days to 14 days, 20 days to 21 days, 45 and 50 days to 42 and 49 days. Thirty-day time periods remain unchanged. Several 10-day time periods are enlarged to 28 days for consistency with the federal standard for motion practice.

The amendments to V.R.C.P. 6(e) and V.R.Cr.P. 45(e), providing an additional 3 days for actions required after service, adopt the simplified language of F.R.C.P. 6(d) and F.R.Cr.P. 45(c), as amended in 2005 and 2007, and follow the federal rule in effect until December 2016 by adding the additional 3 days after service by electronic means if permitted or required under V.R.C.P. 5(b)(4).

The amendments retain the language of the former rules making the computation provisions apply to a time period in “any applicable statute.” By Act 11 of 2017, the Legislature amended a number of statutory procedural time periods of 10 days to 14 days and of less than 10 days to be expressly “business days.” For consistency, the amendments add “business days” to time periods in rules that were taken from one of the amended statutes and a definition of “business day” is added.

Order Promulgating Amendment to V.R.P.P. 5(e)

This Order was promulgated on July 14, 2017, effective September 18, 2017. Rule 5(e) is amended to adopt language virtually identical to V.R.C.P. 5(h) as simultaneously amended, requiring a certificate of service to be filed after service of any document under Rule 5.

Order Promulgating Amendment to V.R.Cr.P. 32(g)

This Order was promulgated on July 14, 2017, effective September 18, 2017. The amendment adds subdivision (g) to V.R.Cr.P. 32 to provide specific procedures for conduct of restitution hearings convened pursuant to 13 V.S.A. § 7043.

Order Promulgating Amendment to Rule 8 of the Vermont Rules of Admission

This Order was promulgated on July 14, 2017, effective September 18, 2017. The amendment revises Rule 8 to reflect the Board’s practice, based on prior Rule § 6(h) and current Rule 8(c)(3)(A), of requiring that an Applicant requesting an equivalency determination for a Foreign Law School have exposure to the common law. This training is now an express requirement of Rule 8(b)(1), ensuring Applicants complete their legal education at a Foreign Law School whose curriculum is based on the principles of common law.

Rule 8(c)(4) is added to include a cure provision for Applicants who do not otherwise meet the requirements of Rule 8(b)(1).  The cure provision permits Applicants to correct a deficiency by completing a Master of Laws degree at an Approved Law School in the United States, subject to specific requirements which focus on ensuring that Applicants receive sufficient training in common law principles, professional responsibility, legal writing, U.S. law, and UBE topics.

Order Promulgating Amendments to V.R.C.P. 1, 26, 34(b), 37(f), and 55(c)

This Order was promulgated on July 14, 2017, effective September 18, 2017. The amendments to the civil rules incorporate or adapt recent changes to the federal rules.

The amendment to Rule 1 is intended to encourage increased cooperation among the parties by clarifying that parties as well as courts have a responsibility to achieve “the just, speedy, and inexpensive determination of every action.”

The amendment to Rule 26 redefines the scope of discovery. Discovery must now be relevant to any party’s claim or defense, as opposed to being reasonably calculated to lead to the discovery of admissible evidence. A proportionality requirement has been added, saying that discovery may now only be obtained if it is “proportional to the needs of the case” as defined by five factors.

The amendment to Rule 34(b) requires the grounds for objection to be stated specifically consistent with the requirement that an objection must state whether materials are being withheld.

The amendment to Rule 37(f) clarifies the consequences for failing to preserve electronically stored or other evidence.

Order Promulgating Amendment to V.R.C.P. 5(h)

This Order was promulgated on July 14, 2017, effective September 18, 2017. Rule 5(h), as added effective September 21, 2015, is amended to clarify and make uniform the procedures under it. In some clerks’ offices it has been interpreted to (1) require a separate form for each item served, (2) require that the form be on a separate document from the items it identifies, and (3) allow court staff to return filings that lack a certificate, rather than accepting them and then having the judge determine how to handle the absence. The amendment clarifies that the certificate may be incorporated in the document filed or be on a separate page and may embrace multiple documents. Further, the amendments to paragraph (3) clarify that a document filed without a certificate should be accepted for filing, subject to compliance with the order of the judge concerning the filing of a proper certificate.

Order Promulgating Amendment to V.R.Pr.C. 8.4

This Order was promulgated on July 14, 2017, effective September 18, 2017. The amendment to Rule 8.4(g) and new Comments [3]-[5] adopt, with minor verbal changes, amendments to the American Bar Association’s Model Rules of Professional Conduct approved by the ABA on August 8, 2016. The amendment prohibits conduct in the practice of law that discriminates or harasses on the basis of a lengthy list of characteristics.

Order Promulgating Amendments to Rules 9(b)(4), 12(b), and 13(d) of the Vermont Rules of Admission to the Bar of the Vermont Supreme Court

This Order was promulgated on June 1, 2017, effective August 1, 2017.  The amendment to Rule 9(b) reinstates the option of applying to the Board for permission to sit for the Bar Exam for a fifth time (which was the prior practice of the Board before the adoption of the UBE rules, effective April 18, 2016).

The amendment to Rule 12(b) provides a process by which an Applicant, who is newly admitted to the Vermont Bar, can rectify the untimely filing of a Mentorship Completion Certificate or other minor errors in the completion of the required Mentorship program. The amendment is drawn from
§ 10 of the Rules for Mandatory Continuing Legal Education which allows admitted attorneys time to complete a make-up plan if they fail to have the requisite number of continuing legal education credits by the applicable biannual reporting deadline.

Consistent with the recent amendment to Rule 9(b)(1), the amendment to Rule 13(d) extends the time in which the Applicant must sit for the UBE from 3 to 5 years.  The amendment also provides for an extension of this deadline for good cause, consistent with the concurrent amendment to Rule 9(b)(4).

Promulgation Order A.O. 9, Rule 1

This Order, promulgated on May 8, 2017, effective July 10, 2017, 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 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.

Promulgation Order A.O. 14

This Order, promulgated on May 8, 2017, effective immediately, replaces Justice Dooley with Justice Carroll as the justice responsible to entertain motions for Area I.

Promulgation Order A.O.44

This Order, promulgated on May 8, 2017, effective May 15, 2017, updates cross references to Administrative Order 41, concerning licensing of attorneys, which has been revised, reorganized, and renumbered.  The reference to attorneys admitted for a government study license has been removed because that type of license is no longer available under A.O. 41.

Promulgation Order A.O. 45

This Order, promulgated on May 8, 2017, effective May 15, 2017, updates a cross reference to Administrative Order 41, concerning licensing of attorneys, which has been revised, reorganized, and renumbered.

Order Promulgating Emergency Amendments to Rule 77(e) of the Vermont Rules of Civil Procedure and Rule 6(b) of the Rules for Public Access to Court Records

This emergency Order, promulgated on April 20, 2017, effective April 24, 2017, brings court procedure into conformity with the policies underlying the Rules for Public Access to Court Records.

With the legislative repeal of 4 V.S.A. § 652(4) in 2013, the residual confidentiality provision of V.R.C.P. Rule 77(e), which precluded disclosure of records pertaining to the filing of an action until the action was disposed or at least one defendant was served, is superfluous, and is removed.

Rule 6(b)(25) of the Vermont Rules for Public Access to Court Records, which excluded from public access records related to the filing of a civil action prior to service, is removed to conform with the removal of the referenced confidentiality provision in Rule 77(e) of the Rules of Civil Procedure. Former paragraphs (26) to (36) are renumbered (25) to (35).

Order Promulgating Amendment to § 4 of Administrative Order No. 18

The amendment to § 4 of Administrative Order No. 18 provides the Chief Superior Judge, with the approval of the Chief Justice, the authority to assign active or retired magistrates to the trial courts.

This Order was promulgated on March 13, 2017, effective immediately.

Promulgating Amendments to Rules 4(a) and 80.2 of the Vermont Rules of Probate

The amendment to Rule 4(a) adopts language of V.R.C.P. 4(b) and requires that a blank Notice of Appearance form must be included by a petitioner when a complaint is served. This addresses a problem that arises with increasing frequency with the increase of self-representation. 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).

The amendment to Rule 80.2(a) conforms the rule to present practice by requiring that a petition to open an ancillary estate in Vermont include a representation that the property is located in the Unit in which the proceeding is brought. The representation as to the location of real property is necessary to establish jurisdiction and venue.

This rule was promulgated March 13, 2017; effective May 15, 2015.

Order Repealing and Replacing Administrative Order No. 41

This Order, promulgated on March 13, 2017, effective May 15, 2017, repeals and replaces A.O. 41 with comprehensive changes. Some sections have been added, some existing sections have been reorganized and renumbered, and other sections have been deleted. The changes bring clarity to the licensing (and relicensing process) and reflect practices that have developed over time. Although some of the changes are stylistic, several substantive changes are made. The amendments create and define two new licensing categories: judicial and pro bono emeritus. The amendments also add a provision on relinquishing a license. The 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.

Order Promulgating Amendments to V.R.Cr.P. 30 and V.R.C.P. 51(b)

This Order, promulgated on February 6, 2017, effective April 10, 2017, makes contemporaneous conforming amendments to Rule 30 of the Vermont Rules of Criminal Procedure and Rule 51(b) of the Vermont Rules of Civil Procedure.

The amendments to V.R.Cr.P. 30 and V.R.C.P. 51(b) clarify those circumstances in both criminal and civil trials in which objections to proposed jury instructions fully articulated at a charge conference may be preserved, without the necessity for their reassertion after the court’s reading of the instructions and prior to the jury’s retirement for deliberations.

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.

Order Promulgating Amendments to V.R.C.P. 43(f), V.R.P.P. 43(e), and V.R.Cr.P. 28

Contemporaneous conforming amendments have been made to Rule 43(e) of the Vermont Rules of Probate Procedure, Rule 28 of the Vermont Rules of Criminal Procedure, and Rule 43(f) of the Vermont Rules of Civil Procedure. The amendments make clear that the requirements in actions of all divisions of the Superior Court for court provision of interpreter services for persons with limited English proficiency (LEP), hearing impairments, or other disability resulting in the need for interpreter services comply with federal law.

This Order was promulgated on January 9, 2017, effective March 13, 2017.

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.

Promulgation Order Amending Rule 5 of the Vermont Rules of Civil Procedure

The amendment to Rule 5 establishes procedures for service and filing of documents under the rule by electronic means in all divisions and units of the superior court.

This Order was promulgated on December 15, 2016, effective February 20, 2017.

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.

Order Promulgating Amendment to Rule 3(c)(16) of the Vermont Rules of Criminal Procedure

Rule 3(c) prescribes those nonwitnessed misdemeanor offenses for which a law enforcement officer, having probable cause, is authorized to arrest a person. The amendment to Rule 3(c)(16) conforms 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 amendment makes a nonsubstantive change to the title of the offense specified.

This Order was promulgated on October 5, 2016, effective December 5, 2016.

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.

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

These amendments conform the rules with the simultaneous abrogation of former V.R.F.P. 4 and promulgation of restyled and reorganized V.R.F.P. 4.0-4.3.

This Order was promulgated on August 25, 2016, effective December 5, 2016.

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.

Order Promulgating the Addition of Comment 14 to Rule 1.2 of the Vermont Rules of Professional Conduct

Comment [14] is added to clarify that Rule 1.2(d) does not prohibit Vermont lawyers from providing legal advice and legal assistance to clients on issues related to Vermont’s laws regulating marijuana and allowing some permissible uses. Rule 1.2(d) does not draw a distinction between state and federal law. Therefore, while the Department of Justice’s current enforcement policy is to focus prosecutorial resources on activities other than those that are legal under state-approved regulatory schemes, marijuana remains an illegal controlled substance under the Federal Controlled Substances Act. See 21 U.S.C. §§ 801-904. Arguably, a lawyer violates Rule 1.2(d) by providing a client with legal advice and legal assistance necessary to set up a dispensary of therapeutic cannabis that is legal under Vermont law. The amendment clarifies that such legal advice and assistance is not a violation of the rule.

This Order was promulgated on August 25, 2016, effective October 31, 2016.

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.

Order Promulgating Emergency Amendments to Rule 80.11 of the Vermont Rules of Civil Procedure

Rule 80.11 as added June 15, effective August 15, 2016, is amended to reflect the abrogation and replacement of V.R.C.P. 16.3. New Rule 16.3 significantly simplifies the procedure of the former rule and provides only for mediation, rather than for a variety of alternative dispute resolution methods. The present amendments are intended to reflect those changes by substituting “mediation” for “alternative dispute resolution” wherever it appears and replacing cross-references to former Rule 16.3 with references to the appropriate provisions of the new rule.

This Emergency Order was promulgated on July 11, 2016, effective September 12, 2016.

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.

Order Promulgating the Addition of Rule 80.11 to the Vermont Rules of Civil Procedure

The rule creates an expedited procedure with an effective, efficient, and predictable case management process for lower-value or less-complicated cases. The Advisory Committee on the Rules of Civil Procedure has been directed to review the operation of the rule and to advise the Court not later than August 17, 2018 whether the rule should be further revised or made permanent. In the absence of further order, the rule will be void and of no further effect in any civil action commenced after August 16, 2019.

This rule was promulgated June 15, 2016; effective August 15, 2016.

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.

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

The amendment adds a new subdivision (d)(3), which provides that the prosecuting attorney is not required to disclose to the defendant information as to the residential address or place of employment of the victim, unless the court finds, based upon a preponderance of the evidence, that nondisclosure of the information will prejudice the defendant. The amendment serves to implement the provisions of 13 V.S.A. § 5310, while expressly reserving the court’s authority to order that the state disclose the information where necessary to preserve a defendant’s due process and confrontation guarantees.

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

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.

Order Promulgating Amendments to § § 7 and 8 of Administrative Order No. 41

The amendments to § 7 of Administrative Order No. 41 are for style and substance. The stylistic changes are intended to make the rule more readable by breaking the requirements into subdivisions and adding headings. The substantive change relates to the requirements about the certification of good standing with respect to taxes. The rule is amended to require that an attorney submit a written declaration under the pains and penalties of perjury that the attorney is in good standing for tax purposes.

The amendment to § 8 adds to the definition of good standing for tax purposes that the attorney has filed all returns. This makes the definition consistent with that in the general statute on licensing. See 32 V.S.A. § 3113(g).

This amendment was promulgated on April 26, 2016; effective May 2, 2016.

Order Promulgating Emergency Amendments to Rules 4 and Rule 5 of the Rules for Mandatory Continuing Legal Education

Rule 4 is amended to add new subdivisions (c) and (d) to reflect the additional educational requirements for newly admitted attorneys set forth in Rules 12 and 15 of the Rules of Admission to the Bar of the Supreme Court. The purpose of the requirements in subdivision (c) is to expose all newly admitted attorneys to a somewhat uniform CLE curriculum on Vermont specific subjects.

New subdivision 4(d) pertains to the new post-admission mentorship program that replaces the three-month preadmission clerkship requirement for admission to the Vermont Bar, as described in Rule 12 of the Rules of Admission. The mentorship program requires new attorneys to perform certain legal tasks or attend certain legal proceedings or functions to become acclimated to the practice of law in Vermont.

Rule 5 is amended to add new subparagraphs 5(b)(10)(v) and (vi). Rule 5(b)(10)(v) grants credit for participation as a mentor in the new post-admission mentorship program that replaces the three-month clerkship requirement for admission to the Vermont Bar.

The new Rule 5(10)(vi) caps at 10 hours the amount of CLE credit that an attorney may claim for performing work for various committees and the mentorship program, thus requiring some credit to be earned by more traditional CLE learning programs for each reporting period.

This Order was promulgated on March 14, 2016, effective April 18, 2016.

Order Promulgating Amendments to Rules 1.0, 1.5, 1.15(b) and (c), 1.15A(a), and 8.3(c) of the Vermont Rules of Professional Conduct

Rules 1.5(f) and (g) are added to clarify the conditions that apply to a lawyer's acceptance of a nonrefundable fee. Under the amended rule, nonrefundable fees are permissible as long as they are reasonable and advance consent is obtained.

Rules 1.0(o) and (p) are added to define terms used in the simultaneous amendments of Rule 1.5(f) and (g).

The amendment to Rule 1.15(b) clarifies that the funds that a lawyer may keep in a client trust account to cover service charges is that “reasonably” necessary for that purpose, making clear that the rules do not provide a fixed amount or percentage but will be applied on a case-by-case basis. The amendment to Rule 1.15(c) provides for consistency with the simultaneous addition of Rules 1.5(f) and (g).

The amendment to Rule 1.15A(a) clarifies that funds held by a lawyer in a “fiduciary account” as further defined by the amendment may be held in an IOLTA account created pursuant to Rule 1.15B “in appropriate circumstances”—that is, when the funds meet the standard of Rule 1.15B(a)(1) that they “are not reasonably expected to earn net interest or dividends” as defined in Rule 1.15B(a)(2)(i).

The amendment to Rule 1.15A(a)(4) requires a lawyer to maintain records documenting at least monthly reconciliation of all accounts maintained pursuant to Rule 1.15A.

Rule 8.3(c) exempts Bar Counsel from the requirement of disclosure of information about misconduct otherwise required by

Rule 8.3(a) when Bar Counsel is responding to an inquiry from an attorney pursuant to A.O. 9, Rules 3(B)(1) and 9. The purpose of the amendment is to maintain the integrity of the inquiry process.

This rule was promulgated March 7, 2016; effective May 9, 2016.

Order Promulgating Addition of Rule 16.1 to the Vermont Rules of Probate Procedure

Rule 16.1 is added to clarify that mediation may be ordered in a Probate Division proceeding and to provide standards and a procedure for the process.

This rule was promulgated March 7, 2016; effective May 9, 2016.

Order Promulgating Additional Emergency Amendments to Rules 3(d) and (g), 7(a), 8(b), and 9(c) of the Vermont Rules of Small Claims Procedure

Rules 3(d) and (g) as amended by emergency rule on January 11, 2016, effective April 15, 2016, are further amended to eliminate and clarify the requirements of the January 11 amendments that the parties file documents after the original complaint and answer and that the clerk process the answer and other documents before they are served. These requirements were unnecessary and imposed burdens of time and expense on the clerks’ offices. Comparable provisions are added by simultaneous amendments to V.R.S.C.P. 7(a), 8(b), and 9(b). Rule 9(b) was also amended to add the requirements that it be “appropriate” for the clerk to provide the writ to assure that the creditor is entitled to the writ.

This rule was promulgated March 7, 2016; effective April 15, 2016.

Order Promulgating Amendments to the Rules of Admission

This order abrogates the existing Rules of Admission to the Bar of the Vermont Supreme Court and replaces those rules with new Rules 1-29. The new rules contain much of the same substance as the existing rules, but language has been restyled and material has been reorganized and renumbered. The rules have also been amended to reflect adoption of the Uniform Bar Examination, and the replacement of the three-month clerkship requirement with a CLE and mentorship program. Substantive changes are reflected in the Board’s Notes to individual rules.

Appendix 2-16-16 - New Rules of Admission 1-29

APPENDIX - This order abrogates the existing Rules of Admission to the Bar of the Vermont Supreme Court and replaces those rules with new Rules 1-29. The new rules contain much of the same substance as the existing rules, but language has been restyled and material has been reorganized and renumbered. The rules have also been amended to reflect adoption of the Uniform Bar Examination, and the replacement of the three-month clerkship requirement with a CLE and mentorship program. Substantive changes are reflected in the Board’s Notes to individual rules.

Order Making Permanent Emergency Amendment to Rule 4(r)(3) of the Vermont Rules for Family Proceedings

The emergency amendment to Rule 4(r)(3) of the Vermont Rules for Family Proceedings, promulgated as an emergency amendment effective July 1, 2015, has been made permanent.

Order Amending Rule 1 of Administrative Order No. 9

This amendment increases the terms for the seven Professional Responsibility Board members from three to five years and staggers the appointments over a seven-year appointment cycle. The rule amendment also provides that a person may be appointed to serve the remainder of an unexpired term and then may serve no more than two consecutive five-year terms.

This rule was promulgated January 1, 2016; effective March 11, 2016.

Order Promulgating Emergency Amendments to V.R.C.P. 80.6(e)

This emergency amendment brings Rule 80.6 into compliance with statutory changes in time to assure federal National Highway Traffic funding for the pilot phase of an e-citation project in the Judicial Bureau scheduled to begin April 1, 2016.

This rule was promulgated January 11, 2016; effective April 1, 2016.

Order Promulgating Amendment to Rule 1(a)(1) of the Vermont Rules for Electronic Filing

Rule 1(a)(1) is amended to provide that on and after January 25, 2016, the Vermont Rules for Electronic Filing apply in small claims actions filed in the Addison, Orange, Rutland, and Windsor Units of the Civil Division and in small claims appeals filed in the Rutland and Windsor Units. The purpose of the amendments is to implement the small claims centralization pilot project in those counties.

This amendment was promulgated on November 23, 2015, effective January 25, 2016.

Order Promulgating Amendments to Rules 47 and 77 of the Vermont Rules of Probate Procedure

In the interests of uniformity, the amendments to Rule 47 require all units of the Probate Division to record all proceedings, with specific exceptions for proceedings that are normally nonadversarial or where confidentiality may be an issue. Amended subdivision (b) makes clear that the court may require recording of one of the excepted proceedings on its own or a party’s motion.

This Order was promulgated on November 23, 2015, effective January 25, 2016.

Order Promulgating Amendment to Rule 3(c)(1) of the Vermont Rules Governing Dissemination of Electronic Case Records

Rule 3(c)(1) is amended for clarity by dividing the present list of personal identifiers in subparagraphs (A) and (B) that must be omitted or redacted into those issued by a governmental entity and those issued by a nongovernmental entity. The amendment also excludes motor vehicle operators’ license numbers from the list of government-issued identifiers that must be omitted or redacted.

This rule was promulgated October 21, 2015; effective December 21, 2015.

Order Promulgating Emergency Amendment to Form 1 in the Appendix of Forms to the Vermont Rules of Civil Procedure

Form 1, as amended July 20, effective September 21, 2015, is further amended to cure an editorial oversight that resulted in an inconsistency with V.R.C.P. 4(b), which Form 1 implements.

This Order, promulgated on October 20, 2015, effective immediately.

Order Promulgating Amendment to § 13 of the Rules of Admission to the Bar of the Vermont Supreme Court

The amendment makes two changes to the requirements for law student interns. A law student in good standing will be eligible to practice as a law student intern after completing three semesters, or the equivalent, instead of four. The amendment also eliminates the requirement of a course in evidence as a prerequisite to practice under this rule. Former paragraphs (d), (e) and (f) have been redesignated as (c), (d) and (e).

Order Promulgating Amendments to Rules 3(b)(2) and 10(b)(3) of the Vermont Rules of Appellate Procedure

Rule 3(b)(2) is amended to eliminate the automatic entry of appeal provision for cases in which a defendant who is represented by counsel has entered a plea of guilty or nolo contendere and has been sentenced to life imprisonment.

Rule 10(b)(3) is amended consistent with a contemporaneous amendment to Rule 3(b)(2) to clarify that the clerk is not obligated to order a complete transcript of the proceedings in life imprisonment cases when a plea of guilty or nolo contendere is entered.

Emergency Order Extending Effective Date for Amendments to the Vermont Rules for Electronic Filing and the Vermont Rules for Environmental Court Proceedings and Promulgating Emergency Amendments to the Vermont Rules for Electronic Filing

This emergency order extends the effective date until January 4, 2016 for implementing electronic filing in the Environmental Division. The effective date is extended until January 4, 2016 for the amendments to Rules 1, 2, and 11 of the Vermont Rules for Electronic Filing and Rules 3, 4, and 5 of the Vermont Rules for Environmental Court Proceedings, promulgated on July 1, 2015. Rules 1(a)(2) and 2(b)(6) are amended consistent with the extension of the effective date.

Order Promulgating Amendments to Rules 4(b), 4(l)(3)(H), 5(d) and 5(h) to the Vermont Rules of Civil Procedure and the Appendix of Forms

The amendments to Rules 4(b) and 4(l)(3)(H) address 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 amendment to Rule 5(d) deletes the provision that a filing by an attorney constitutes a representation that the paper filed has been or will be served. The amendment removes language inconsistent with simultaneously adopted V.R.C.P. 5(h), which requires a certificate of service to be filed by an attorney as well as by a self-represented litigant.

The addition of 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 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). Form 1C (Waiver of Service of Summons) provides for submission of Form 28. Form 29 is a Certificate of Service.

This rule was promulgated July 20, 2015; effective September 21, 2015.

Order Promulgating Amendments to Rules 4(a)(2), 9(a)(2), 9(e), and 15(f)(1)(A) and the Addition of Rule 18 of the Vermont Rules for Family Proceedings

Rule 18 is added to make clear that mediation may be ordered in a Family Division Proceeding and to provide standards and a procedure for the process.

The amendments to Rules 4(a)(2) and 9(a) make V.R.C.P. 16.3 for alternative dispute resolution inapplicable in Family Division cases given the adoption of a mediation rule.

The amendment to Rule 9(e) expedites 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. The time period is stated as five “business” days for the benefit of self-represented litigants.

The amendment to Rule 15(f)(1)(A) makes applicable to relief-from-abuse actions under Rule 9 the provision that an attorney is deemed to have withdrawn after the time for appeal of a final judgment in the proceeding has run.

This rule was promulgated July 20, 2015; effective September 21, 2015.

Order Promulgating Amendments to Rules 3 and 7 and Addition of Rule 80.4 of the Vermont Rules of Probate Procedure

Rule 3(b)(2) is adopted to provide an expedited procedure for dealing with an estate with no assets. Former 3(b)(2) is renumbered as paragraph (3).

Rule 7 is amended by the addition of paragraphs (b)(3) and (4), the insertion of a new subdivision (c), and the redesignation of former (c) as (d). The amendment is intended to provide a clear and uniform practice for making and hearing motions for all units of the Probate Division.

New Rule 80.4 is adopted to provide 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 a testator. New Rule 80.4(b) provides that, when the Probate Division has custody of a will for safekeeping in accordance with 14 V.S.A. § 2, the register may reveal the existence of the will upon inquiry and presentation of a death certificate.

This rule was promulgated July 1, 2015; effective September 1, 2015.

Order Promulgating Amendments to Rules 1(a), 2 and 11 of the Vermont Rules for Electronic Filing and to Rules 3, 4 and 5 the Vermont Rules for Environmental Court Proceedings

Rule 1(a) of the Vermont Rules for Electronic Filing is amended to reflect the extension of electronic filing to the Environmental Division, effective September 1, 2015. Conforming changes have been made as necessary in other provisions of these rules and in provisions of the Vermont Rules for Environmental Court Proceedings.

NOTE: See Emergency Order dated August 6, 2015, extending the effective date to January 4, 2016.

Order Promulgating Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules of Small Claims Procedure

V.R.C.P. 9.1 is added to incorporate in the civil rules the pleading requirements for an action on a credit card debt added to the Vermont Rules of Small Claims Procedure by the addition of V.R.S.C.P. 3(h) in a 2013 amendment and a simultaneous 2015 clarifying amendment to V.R.S.C.P. 3(h)(7).

By simultaneous amendment, V.R.C.P. 55(b)(7) is added to incorporate the provisions of the 2013 amendment of V.R.S.C.P. 3(e) and a simultaneous 2015 clarifying amendment covering the requirements for a motion for default in a credit card debt action.

The new rules are necessary because many credit card collection actions are brought in the Superior Court, Civil Division as civil, rather than small claims, actions. The amendments reflect best practices followed by many plaintiffs’ attorneys in such civil actions, but some do not follow the pleading and motion practice provided for small claims. The rules will harmonize practice in small claims and civil actions and avoid the need for discovery with regard to basic items related to a credit card collection claim.

This rule was promulgated July 1, 2015; effective September 1, 2015.

Order Promulgating Emergency Amendments to Administrative Order No. 38

The emergency amendments, promulgated on June 8, 2015 and effective immediately, clarify the provisions of Section II(c) concerning the record of a proceeding conducted by video conferencing equipment. The proceeding must be recorded verbatim by the court’s audio-visual or audio recording system or by any other approved method, which could include an approved shorthand reporter. In whatever form, the recording is to be made part of the record. The language of the order is also amended to provide the current nomenclature for the units of the court system.

THE COMMENT PERIOD ENDED ON AUGUST 7, 2015.

Order Vacating Orders of February 25, 2015, and March 25, 2015, and Promulgating Emergency Amendments to the Vermont Rules of Small Claims Procedure

The amendments to Rules 3, 7, 10, and 12 are part of the Supreme Court’s effort to obtain cost savings in the operations of the clerk’s offices in all courts by reducing mailing costs and clerk time. Amended Rule 3 eliminates the requirement that the clerk serve or mail documents to the parties and that the clerk notify the plaintiff if the defendant does not answer within the required time. Service is now the parties’ responsibility. Amended Rule 7 specifies that the judgment creditor must send a copy of any disclosure order to the judgment debtor and must file a certificate of service. Rule 10 is amended to make clear that the parties, rather than the clerks, have the burden of providing necessary notice and service. Rule 12 is amended to provide that the judgment debtor, rather than the clerk, must mail notice to the judgment creditor of a motion that a judgment be deemed satisfied. The amendments also set forth the rule provisions in a simpler format for greater clarity and accessibility, with no changes in practice except as described.

THE COMMENT PERIOD ENDED JUNE 29, 2015.