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Legal Information
Proposed and Promulgated
Rules
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Proposed |
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NOTE: The following Proposed
Amendments are proposed by the Rules Committees and have not
been reviewed by the Supreme Court. To view more
information click on the + next to the title. To view the
complete proposal click on the title.
| Brief Statement about Rule | Comments
Due |
Contact and Address |
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 Proposed Amendments to the Vermont Rules of Probate Procedure and Forms | Proposed Amendments of V.R.P.P. 3, 17, 60.1, 66, and 67, and Forms 110-112 (including new Forms 110A and 110B) would conform to the Vermont Trust Code, 14A V.S.A. §§ 101-1204, enacted by Act 20 of 2009 § 1.
Proposed Amendments of V.R.P.P. 13 and Forms 19, 46, 47, and 48 would conform the rule and forms to 14 V.S.A. ch. 42, enacted by Act 55 of 2009, § 5, to replace 14 V.S.A., chs. 41-45.
Proposed Amendments of V.R.P.P. 80.6(a) and Form 122 would implement the requirement of 15 V.S.A. § 817, enacted by Act 58 of 2009, § 12, that the probate court request information from the department of public safety as to whether a petitioner for name change is listed on the sex offender registry and allow appearance by the department if the petitioner is listed.
Proposed Amendment of V.R.P.P. Forms 2 and 5 would incorporate references to forms to be attached to them.
Proposed Amendment of V.R.P.P. Form 3 would eliminate language concerning authentication of foreign administrator.
Proposed Amendment of V.R.P.P. Forms 57, 57A would restore language to the Forms for clarity.
Proposed addition of Form 115 would implement 2004 and 2006 legislation that added 14 V.S.A. § 2314(c) and (e) providing for removal of a trustee on petition of a co-trustee or a majority of the beneficiaries, now repealed and incorporated in 14A V.S.A. § 706.
| | Comments should be sent to the Chair of the Probate Rules Committee by October 18, 2010 at the following address(es):
Hon. Joanne M. Ertel
Hartford Probate Court
62 Pleasant Street
Woodstock, VT 05091
Joanne.Ertel@state.vt.us
| | Proposed Amendment to V.R.P.C. 1.15(d) and (e) |
The proposed amendment to Rule 1.15B(d) is at the request of the Professional Responsibility Board to modernize and clarify the operation of the rule. The proposed amendment would make clear that institutions must notify Disciplinary Counsel, rather than the Board, not only when an instrument presented against insufficient funds is honored or dishonored, but whenever any transaction—whether electronic, paper, wire, or other—causes an overdraft to an attorney trust account. The proposed amendment reflects the evolving nature of banking practices and the fact that some newer types of transactions do not involve an instrument being presented against an account: for example, Automated Clearing House (ACH) transactions. Conforming changes are made in Rule 1.15B(e).
Comments on these proposed amendments can be sent by September 20, 2010 to:
| | Comments on these proposed amendments can be sent by September 20, 2010 to:
William Griffin, Esq.
Vermont Attorney General’s Office
109 State Street
Montpelier, VT 05609-1001
bgriffin@atg.state.vt.us
| | Proposed Amendments to the Vermont Rules of Civil and Appellate Procedure | The proposed amendment to Rule 5(g) would permit continued inclusion of a social security number in a document where it is required by federal law. In particular, retirement fund administrators might decline to honor an instrument such as a Qualified Domestic Relations Order (QDRO) in which the litigants’ social security numbers had been redacted as required by V.R.C.P. 5(g) in the absence of a specific request from the court.
The proposed amendment to Rule 45(f) is added to incorporate the provisions of the Uniform Interstate Depositions and Discovery Act (UIDDA), with modifications appropriate to Vermont practice. The Act has been adopted in 14 states and the District of Columbia since 2008 and is pending in four other states and the U.S. Virgin Islands. Idaho, Montana, and New Mexico have adopted the provisions of the Act by court rule.
The proposed amendment to Rule 45(f)(1) makes clear the purpose of the rule to provide a procedure enabling litigants in a proceeding in another state to use the procedures of the Vermont rules to obtain the forms of discovery covered by the rule.
The proposed amendment to Rule 45(f)(2) contains the definitions set forth in UIDDA § 2. Note that the definition of “foreign subpoena” in subparagraph (B) limits the applicability of the rule to subpoenas “issued under the authority of a court of record,” thus excluding subpoenas issued by other tribunals such as administrative agencies or boards of arbitration. Cf. UIDDA § 3, Comment. Note also that the definition of “subpoena” includes a subpoena duces tecum and an order to permit inspection of premises but does not include an order to appear for a physical examination.
The proposed amendment to Rule 45(f)(3) is based on UIDDA § 3, with variations to adapt the rule to Vermont practice.
The proposed amendment to Rule 45(f)(4) is based on UIDDA § 4, with variations to adapt the rule to Vermont practice and to eliminate any requirement of a return to the issuing court.
The proposed amendment to Rule 45(f)(5) adapts UIDDA § 5 to the provisions of the Vermont rule.
The proposed amendment to Rule 45(f)(6) adapts UIDDA § 6 to the provisions of the Vermont rule.
The proposed amendment to Rule 80.5(j) would substitute a more functional standard of review based on the language of V.R.A.P. 5(b). The former language provided a circular standard. A judge who thought that the defendant was likely to prevail on appeal should have simply entered judgment for the defendant.
The proposed amendment to Rule 25(a)(2) is added to include in the Vermont Rules of Appellate Procedure a requirement like that that of V.R.C.P. 5(g) [as amended in 2010] and V.R.Cr.P. 49(c) (incorporating the Civil Rule) that social security numbers must be redacted from any paper to be filed unless otherwise requested by the Supreme Court or required by law. The number must be redacted from a paper in the printed case even if the number was requested by the trial court, and included in the trial court filing, unless the Supreme Court requests the number or it is required by law.
Comments on these proposed amendments can be sent by September 20, 2010 to:
| | Comments on these proposed amendments can be sent by September 20, 2010 to:
William Griffin, Esq.
Vermont Attorney General’s Office
109 State Street
Montpelier, VT 05609-1001
bgriffin@atg.state.vt.us | | Proposed Amendments to Vermont Rules of Criminal & Appellate Procedure and A.O. 41 | The proposed amendment to V.R.Cr.P. 3(c)(9) would conform the rule to provisions regarding abuse of vulnerable adults for conformity with the language of legislative changes recodified in Title 13, Chapter 28, adopted in Acts 2005, No. 79.
The proposed amendments adding V.R.Cr.P. 26(e) and V.R.A.P. 10(b)(8) would provide a procedure that will ensure accurate identification of portions of audio and video recordings actually presented to the fact-finder at trial, as asked by the Supreme Court in State v. Lee, 2008 VT 128, paragraph 9.
The proposed amendment to V.R.Cr.P. 32(c)(4) would bring the rule into conformance with a 1999 legislative change to 13 V.S.A. § 5231.
The proposed amendment of V.R.Cr.P. 41 would reorganize the present rule, extend its present provisions concerning issuance of warrants by fax to include other electronic means, and add provisions for warrants to monitor conversations.
The proposed amendments of V.R.Cr.P. 44.2(b) and A.O. 41 would permit nonresident attorneys clerking or employed as government attorneys to appear in all actions assigned by the supervising attorney on the basis of a single motion.
| | Comments on these proposed amendments should be sent to the chair of the Criminal Rules Committee by March 19, 2010.
P. Scott McGee, Esq.
Hershensen Carter Scott McGee
PO Box 909
Norwich, VT 05055-0909
smcgee@hcsmlaw.com | | Proposed Amendments to V.R.C.P. 62(a)(3) and V.R.E.C.P. 3(9) and (10) | Proposed amendments to V.R.C.P. 62(a) and V.R.E.C.P. 3(9) and (10). | | Comments on these proposed amendments should be sent by February 15, 2010 to:
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT 05609-1001
bgriffin@atg.state.vt.us | | Proposed Amendments to V.R.C.P. 80.1 | These proposed amendments relate to foreclosure of mortgages and judgment liens. | | Comments should be sent by February 15, 2010 to:
William Griffin, Esq., Chair
Civil Rules Committee
Office of the Attorney General
109 State Street
Montpelier, VT 05609-1001
bgriffin@atg.state.vt.us | | Proposed Amendments to Vermont Rules of Evidence Rule 606 (b) and 404(a) | This proposed amendment to the Vermont Rules of Evidence would strike language to V.R.E. 606(b) to make the rule easier to read and to provide that juror testimony may be utilized to prove that the verdict reported was the result of a mistake in entering the verdict on the verdict form, and would amend V.R.E. 4(a)(1) and (2) related to the admissibility of character evidence to prove conduct. Comments on these proposed amendments should be sent to the Chair of the Evidence Rules Committee by March 3, 2008. The chair can be reached either by U.S. postal or email at the following address(es): | 3/3/08 | Jerome O’Neill, Esq.,Chair
O’Neill Kellner & Green
159 Bank Street, Suite 200
PO Box 5359
Burlington, VT 05402-5359
joneill@okglawyers.com
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| Promulgated Rules
Over the Last Two Years |
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NOTE: To view more information click on the + next
to the title. To view the complete rule click on the title. |
| Brief Statement about Rule | Promulgated Date | Promulgated Effective Date |
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| Order Promulgating Amendments to the Vermont Rules of Probate Procedure and Forms and A.O. 18 | The emergency amendment of V.R.P.P. 77(d) allowing the Supreme Court to provide for methods of notice by the register which reduces the cost of service, promulgated by the Court on December 17, 2008, effective January 1, 2009, has been made permanent.
V.R.P.P. 80.8 has been added to implement the grant of jurisdiction to the probate courts in 4 V.S.A. § 311, as amended by Act 135 of 2001 (Adj. Sess.), § 1, over “accountings of attorneys in fact where no guardian has been appointed and the agent has reason to believe the principal is incompetent.”
The emergency amendment of V.R.P.P. Form 72 originally adopted to implement amendments of 14 V.S.A., ch. 111, enacted by Act 186 of 2007 (Adj. Sess.), effective July 1, 2008, has been made permanent. The form has been further revised to substitute the statutory citation for the amount of the entry fee, rather than the specific amount; to add a statement advising the petitioner of the requirement to obtain consents for background checks; and to clarify that Attachment 5 consists of the signed consent forms.
V.R.P.P. Form 74 has been amended to conform the list of powers requested by the petitioner to those requested by a petitioner for a guardian for an adult person in Form 72, which reflect recent statutory amendments.
The emergency amendment of V.R.P.P. Form 80, originally adopted to implement amendments to 14 V.S.A., ch. 111, enacted by Act 186 of 2007 (adj. Sess.), which took effect July 1, 2008, has been made permanent. The form has been further revised to make clear that the guardian’s account must be rendered annually and at any other time required by the court.
The emergency amendment to A.O. 18 to establish a mechanism for the Administrative Judge to designate which probate judge will be assigned to perform the duties of an incapacitated probate judge, promulgated on January 13, 2009, effective on that date, has been made permanent.
| August 17, 2010 | October 18, 2010 | | Order Promulgating Vermont Rules for Electronic Filing as Emergency Rules and Promulgating Emergency Amendments to the Vermont Rules of Civil Procedure and the Vermont Rules for Dissemination of Electronic Case Records | The Vermont Rules for Electronic Filing were adopted as emergency rules to provide a framework for the initiation of the Judiciary’s eCabinet electronic filing system in the Superior Court Civil Division for the Rutland and Windsor county units on October 18, 2010. Conforming emergency amendments to affected provisions of Vermont Rules of Civil Procedure and Rules for Dissemination of Electronic Case Records are being adopted simultaneously.
The use of eCabinet will be permissive for most Rutland and Windsor civil dockets in all cases filed between October 18, and December 6, 2010. Use of the system will be mandatory, with certain exceptions provided in Rule 2, in all cases on those dockets filed on or after December 6, 2010. It is anticipated that use of the system will be permissive in the remaining county units of the Civil Division in all cases on those dockets filed on or after December 6, 2010, and mandatory in those units in all cases on those dockets filed on or after February 7, 2011.
Comments on these rules and emergency amendments can be sent by September 30, 2010 to:
Kinvin Wroth, Reporter Rules Committees Vermont Law School Chelsea Street South Royalton, VT 05068 kwroth@vermontlaw.edu | August 17, 2010 | October 1, 2010 | | Promulgated Emergency Amendment to Rules of Appellate Procedure 33.1 | The emergency amendments to Rule 33.1 of the Vermont Rules of Appellate Procedure make clear that in a case to be considered by a three-justice panel, the matter will be deemed submitted on the briefs if no party requests oral argument. The new rule also provides that oral argument is limited to five minutes per side unless the Court allows more time. The new subdivision also allows litigants to present oral argument by video conference in matters before three justice panels. The rule clarifies that inmates may present argument via telephonic conference as a right and all others by permission. The rule is effective immediately and the Advisory Committee on Civil Rules is directed to report to the Court on any comments that may be received on these emergency amendments by September 30, 2010.
Comments on this emergency amendment can be sent by September 20, 2010 to:
| July 15, 2010 | July 15, 2010 | | PromulgatedEmergency Amendments to Vermont Rules of Civil, Criminal, Appellate and Small Claims Procedure and the Vermont Rules for Family and Environmental Court Proceedings | These emergency amendments implement Act 154 of 2009, § 7 (Adj. Sess.), An Act Relating to Restructuring of the Judiciary, effective July 1, 2010, which enacted 4 V.S.A. § 30 establishing a single Superior Court of statewide jurisdiction with Civil, Criminal, Family, and Environmental divisions to replace the former Superior, District, Family and Environmental courts. | July 1, 2010 | July 1, 2010 | | Order Promulgating Emergency Amendment to Rule 7(2) | Pursuant to Chapter II, Sections 30, 31, and 37 of the Vermont Constitution and Administrative Order No. 11, it is hereby ordered that Rule 7(2) of the Rules of the Supreme Court for Disciplinary Control of Judges is hereby extended until November 1, 2010. | July 1, 2010 | July 1, 2010 | | Order Promulgating Emergency Amendment to Administrative Order No. 13 | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the provisions of 4 V.S.A §§ 30 and 73, Administrative Order No 13. dealing with the division of the district, superior, and family courts into geographic divisions and the assignment of judges to those divisions. | July 1, 2010 | July 1, 2010 | | Order Promulgating Emergency Amendments to Administrative Order No. 14 | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the provisions of 4 V.S.A § 30 (b), Administrative Order No. 14 is amended to read the Appellate and Administrative Responsibilities of the Supreme Court. | July 1, 2010 | July 1, 2010 | | Order Promulgating Emergency Amendments to Administrative Order No. 18 | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the statutory amendments set forth in Act NO. 154 (Adj. Sess. 2009) relating to restructing of the judiciary, Administrative Order No. 18 is amended as it pertains to the Administrative Judge for the Trial Courts. | July 1, 2010 | July 1, 2010 | | Order Promulgating Emgergency Repeal of Administrative Order No. 30 | Pursuant to the Vermont Constitution, Chapter II, Sections 30, 31, and 37, and the provisions of Act NO. 154 (Adj. Sess. 2009), § 30(a), Administrative Order No. 30 dealing with the location of the family court is repealed. | July 1, 2010 | July 1, 2010 | | Order Promulgating Emergency Repeal of Administrative Order No. 2 | Pursuant to the Vermont Constitution, Chapter II, Sections 30,31, and 37, and the provisions of 4 V.S.A § 30(a), Administrative Order No. 2 dealing with the organization fo the former District Court is repealed. | July 1, 2010 | July 1, 2010 |
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