§ 1. The order of the Supreme Court dated
May 3, 1971, as amended on September 13, 1977, which created an Advisory
Committee on the Rules of Civil Procedure is superseded effective July 1, 1979.
§ 2. An Advisory Committee on the Rules of
Civil Procedure of eleven members is established consisting of two Superior
and/or District Court Judges, one superior court clerk, the chair of the Vermont
Bar Association corresponding standing committee (to the extent that one
exists), and seven other members to be appointed by the Supreme Court. Initial
appointments shall be for staggered terms - three members for three years, two
members for two years and two members for one year. The initial appointments of
the judges shall be for one three-year term and one two-year term. Thereafter
appointment shall be for a three-year term. No member shall serve for more than
three consecutive terms or parts thereof. Whenever a member resigns or the
office is otherwise vacant, the Supreme Court shall appoint a successor to fill
the unexpired term. The chair shall be designated by the Supreme Court.
§ 3. The members of the Committee shall be
reimbursed for reasonable and necessary expenses related to the performance of
their duties and shall receive per diem compensation equivalent to that provided
by law for comparable boards and commissions. The Commissioner of Finance and
Management shall pay from the judicial appropriation all expenses of the
Committee when claims are submitted on proper vouchers approved by the Court
§ 4. The Committee shall continually review
the operation and effectiveness of the Rules of Civil and Appellate Procedure
and District Court Civil Rules and shall recommend to the Supreme Court
amendment to those rules or other appropriate actions which it finds advisable.
§ 5. The Committee shall meet at least once
a year and shall report to the Supreme Court annually on or before the first
Tuesday of October and at other times which the Committee finds advisable.
§ 6. Pursuant to A.O. 11, the Committee shall give proper public notice and opportunity to comment relative to any report of proposal of, or amendment to, any rule. Any individual having proposals for amendment of the Vermont Rules of Civil and Appellate Procedure and District Court Civil Rules, or any other proposals for change by statute, rule, or otherwise in Vermont civil procedure is requested to forward them, in writing, to the Court Administrator, or to the chair or a member of the Advisory Committee for consideration. Adopted June 5, 1979, eff. July 1, 1979; amended June 17, 1980, eff. July 1, 1980; May 19, 1982, eff. July 1, 1982; Oct. 15, 1996, eff. Nov. 1, 1996; Jan. 27, 2000, eff. May 1, 2000. —