November 04, 2019

Advisory Committee on Rules of Civil Procedure Meeting November 8

Vermont Judicial Commission on Family Treatment Dockets meeting





The Civil Rules Committee will meet at 9:00 a.m., Friday, November 8, 2019, in the Hoff Lounge, Vermont Law School, South Royalton, Vermont, to consider the following agenda:

1.  Approval of the draft minutes of the meeting of October 4, 2019, previously distributed.

2.  Status of promulgated and pending amendments.

            A. #15-8. Special ad hoc committee on video/audio appearances and cameras in the  court.  Amendments to V.R.C.P. 43(a) et al. and proposed A.O. 47, Promulgated May 1, effective August 3, 2019.  Considered by LCJR on June 6, 2019, and deferred for further consideration.  Professor Wroth to report.   

            B  #17-7.  V.R.C.P. 55 and 80.1—Amendments recommended by Civil Division Oversight Committee.  Recommended amendments to V.R.C.P. 55 and 80.1 sent to Supreme Court on October 30, 2019.  Judge Toor and Professor Wroth to report.

            C.  #19-3.  Vermont Rules for Public Access to Court Records.  Abrogated and replaced by order of May 1, effective July 1, 2019. Judge Toor to report.

            D.  #19-4.  V.R.C.P.  5, 79(a). Amendments proposed by Special Committee on Electronic Filing to conform to proposed new V.R.E.F. 11, sent out for comment on June 19, with comments due on August 19, 2019. Professor Wroth to report.

            E.  #19-2.  V.R.C.P  62(a)(3)(A). Orders for possession. Proposed order sent out for comment on October 1, with comments due on December 2, 2019.  Chairman Keyes to report on any comments received to date.

            F,  #19-6. Small Claims Judgments.  Proposed amendments to V.R.S.C.P. 3, 7, 9, 10, transmitted to Court on October 17, 2019.  Professor Wroth to report.

3.  #14-8.  V.R.C.P.  4.1, 4.2, 69, 69.1. Collection and Enforcement of Judgments.  Judge Pearson to present further revised draft.

4.   #17-4.  Review status of amendments to V.R.A.P. 24 (IFP Proceedings), recommended for promulgation on December 3, 2014. Proposed order amending V.R.C.P. 3.1(b) and V.R.A.P. 24(a) sent to the Court on December 7, 2018. Consideration deferred pending Probate Rules Committee’s action on V.R.P.P. 3.1. Professor Wroth to report.

5.  #14-1.  Status of Appendix of Forms.  Ms. Blackwood and Professor Wroth to present update of her original memorandum covering form provisions that are required by particular rules.

6.  #19-1.  Reconciliation of juror qualifications rules with V.R.C.P.  47(a) and V.R.Cr.P. 24(a). Chairman Keyes and Professor Wroth to report.

7.. #19-8. Rule regarding preservation depositions.  Ms, Spero to present memorandum.   

8.  #19-10.  Recent amendments to the Federal Rules.  Mr. Dumont, Judge Toor, ansd Ms. McAndrew to report.’

9.  Other business.

10.  Next meetings. Next meeting January 24, 2020.  Further dates to be agreed upon.