November 20, 2017

Advisory Committee on Rules of Probate Procedure





The Probate Rules Committee will meet at 1:30 p.m., Wednesday, November 29, 2017, in the Hoff Lounge, Oakes Hall, Vermont Law School, to consider the following agenda:

1. Approval of draft minutes of the meeting of September 27, 2017, previously distributed.

2. Status of proposed and recommended amendments.

A.Recommended amendment of V.R.P.P. 47(d) promulgated October 17, effective December 18, 2017.

B. Recommended emergency amendments to further amend V.R.P.P. 52(b) and 60(c), as amended September 20, 2017, effective January 1, 2018 (“day is a day” rule), promulgated October 17, 2017, effective January 1, 2018.

C. Proposed new V.R.C.P. 79.2, sent out for comment on July 18 by Special Committee on Video and Cameras in the Court, with comments due on September 18, 2017. Parallel amendment to V.R.P.P. 79.2 to be proposed. Deferred pending action of Special Committee on comments. Professor Wroth to report.

3. Expanded provisions for motions and contested cases. Judge Balivet and Ms. Pallmerine to report on interlocutory appeal and other provisions of V.R.P.P. 72. .

4. Effect of recommended amendment of V.R.F.P. 7 and addition of V.R.F.P. 7.1 on probate jurisdiction under V.R.F.P. 6, 6.1. Further consideration of Professor Wroth’s June 15 drafts of proposed V.R.P.P. 80.9-80.12. Chairman Kilgore to report on letter to Supreme Court conveying Committee’s endorsement of joint minor guardianship subcommittee, and to present revision of final sentence of draft Rule 80.10(c)(1) in light of 14 V.S.A § 3066.

5. Suggested amendment of V.R.P.P. 77(e)(2) concerning confidentiality of index of wills. Status of “Pratt bill” (S.29). Deferred pending action on S.29 in 2018 legislative session..

6. V.R.P.P. 45(b)—document subpoena.Professor Wroth to report on Civil Rules Committee’s proposed amendments of V.R.C.P. 45 sent out for comment on October 18, with comments due on December 18, 2017.

7. V.R.A.P. 4(f)—“prisoners’ mailbox” rule. Need for comparable provision in Probate Rules? Deferred pending action by Civil Rules Committee on proposed Civil Rules amendments.

8. V.R.P.P. 17(a). Need for service on interested persons in light of In re Holbrook’s Estate I, 2016 VT 13. See also Id.II, 2017 VT 15.

9. Status and effect of statutory amendments proposed by Trial Court Operations staff. Professor Wroth to report.

10. Other business.

11. Date of next meeting.