Administrative Order No. 17

ADVISORY COMMITTEE ON THE RULES OF CIVIL PROCEDURE


§ 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May 3, 1971, as amended on September 13, 1977, which created an Advisory Committee on the Rules of Civil Procedure is superseded effective July 1, 1979.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 Administrator. 

§ 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. —