Skip to main content
Home
Court Information
Judicial Community
Legal Information
Contact Us
Public Education
You are here ► State of Vermont Judiciary > Legal Community 
Are you looking for something on this site? Type the word or words here and click enter.
Go Search

 

Legal Community

Proposed and Promulgated Rules


Supreme Court Building
Proposed

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 RuleContact and Address
expand  Proposed Emergency Amendment to Rule 30 of the Vermont Rules of Appellate Procedure
expand  Proposed MCLE Amendments
Since the institution of the requirement of continuing legal education for attorneys admitted to practice law in Vermont, separate rules and regulations have governed.  These rules and regulations defined the minimal educational requirement, how they could be met, and the process a sponsoring agency must follow in order to offer courses for CLE credit, among other things.  The rules often overlapped with the regulations, and some topics were discussed in both the rules and regulations.  This created an often cumbersome process for attorneys seeking information on the requirements for continuing legal education.  There is no distinction to be made between the rules and regulations, as the Vermont Supreme Court must approve of and administer both.  Therefore, the Board of Mandatory Continuing Legal Education has consolidated the rules and regulations into one document, the Rules for Mandatory Continuing Legal Education.  There have been no substantive changes to the rules or regulations during this rewrite.  The proposed change has been made in an effort to achieve simplicity and for the convenience of those governed by the rules.
 
Comments on these proposed amendments should be sent by July 2, 2013 to the Hon. Karen Carroll, the Chair of the Mandatory Legal Education Board.  She can be reached by e-mail or U.S. mail at the following addresses:
 
Hon. Karen Carroll, Chair
Mandatory Legal Education Board
111 State Street, Suite 9B
Montpelier, VT  05609-0701
Jud-attylicensing@state.vt.us
Hon. Karen Carroll, Chair Mandatory Legal Education Board 111 State Street, Suite 9B Montpelier, VT 05609-0701 Jud-attylicensing@state.vt.us
expand  Proposed Amendments to V.R.A.P. 5(b), 6, 10(b)(5), 12(a), 12(b)(1) and 12(c),
expand  Proposed Restyled Vermont Rules of Appellate Procedure
The proposed restyled V.R.A.P. adopts the format and approach of the restyled Federal Rules of Appellate Procedure adopted in 1998. The restyling is not intended to change the meaning of any rule but is intended to provide a more accessible format for the rules and to simplify them by eliminating ambiguous or archaic language and adopting a more straightforward style.  The proposed rules are displayed in a side-by-side table with the current rule on the left and the proposed rule on the right.  A few substantive changes in connection with the proposed restyling are delineated in II.(d) of this memo.
 
The comment period ended April 12, 2013.  
expand  Proposed Amendments to V.R.S.C.P. 3, 7, 8 and 13
expand  Proposed Amendments to V.R.F.P. (1)(b)(1)-(2), 2(b)(2), 4(b)(1)(A), and 8(g)
The proposed amendment to V.R.F.P. 1(b)(1) requires that the petition in a delinquency proceeding be supplemented by factual data concerning the race/ethnicity of the child who is the subject of the proceeding. The proposed amendment provides that the facts to be presented are those contained in the Law Enforcement Juvenile Data Sheet, Form 101.
 
The proposed amendments to V.R.F.P. 1(b)(2) and 2(b)(2) substitute references to § 1079 of the Uniform Child Custody Jurisdiction and Enforcement Act for references to similar references to the Uniform Child Custody Jurisdiction Acts which was repealed.
 
In light of the decision of the Supreme Court in Samis v. Samis, 2011 VT 21, ¶¶ 10-17, 189 Vt. 434, 22 A.3d 444, the proposed amendment to V.R.F.P. 4(b)(1)(A) substitutes more specific language for the general language of the present rule that allows a divorce action to be brought by a “guardian, guardian ad litem , or next friend” for a plaintiff who is not “of sound mind and of the age of 16 years.”
 
The proposed amendment to V.R.F.P. 8(g) eliminates the requirement that the provisions of V.R.A.P. 10-12 concerning notice of completion of the record apply in an appeal from a magistrate’s decision to the Family Division.
 
The comment period ended April 12, 2013.
expand  Proposed Amendments to V.R.F.P. 7, 7.1 and 9
expand  Proposed Search Warrant Return and Inventory Form
In conjunction with the proposed amendments to V.R.Cr.P. 41, the Committee proposes the adoption of a Search Warrant and Return and Inventory Form.
 
The comment period ended on May 21, 2012. 
expand  Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct

Promulgated Rules Over the Last Two Years

NOTE: To view more information click on the + next to the title.  To view the complete proposal click on the title.

Brief Statement about RulePromulgated DatePromulgated Effective Date
expand Order Promulating Amendments to V.R.P.P. 64, 68 and 72
expand Order Promulgating Amendments to the Vermont Rules of Criminal Procedure
The amendment to Rules 11(c) and (d) of the Vermont Rules of Criminal Procedure relates to pleas of guilty or nolo contendere in misdemeanor cases.
 
The amendment to V.R.Cr.P. 16.2 follows revisions to the ABA Standards for Criminal Justice Discovery, Third Edition.
 The amendment to V.R.Cr.P. 26 increases to thirty days before trial the notice required of an intent to introduce evidence of other acts or offenses.
 
The amendment to V.R.Cr.P. 30 contemplates that the court will have discretion to give preliminary instructions prior to the taking of evidence, as well as to give some instructions after the close of evidence, but prior to argument.
 
The amendments to V.R.Cr.P. 41, consistent with Administrative Order No. 43 issued on January 20, 2012, provide specific procedures for the timely filing of documents associated with the issuance, denial and execution of search warrants, and the returns and inventories required following execution. 
 
The amendment to V.R.Cr.P. 44.2(c) provides consistency in treatment of withdrawal of counsel following entry of judgment of conviction, which occurs at time of sentencing pursuant to Rule 32(b).
March 12, 2013 May 13, 2013
expand Order Promulgating Amendments to A.O. 45
expand Order Promulgating Amendments to Electronic Filing

The amendments to V.R.E.F. 3(a) and (b), 7(d), 12(g), V.R.C.P. 79.1, V.R.A.P. 3(d), 10(a)(3), 13(c) & 45.1, V.R.F.P. 15(i), V.R.E.P. 5(c), V.R.Cr.P. 44.2(e) and V.R.P.P. 79.1(i) require attorneys appearing in cases in the superior court and the Supreme Court in their initial filing to provide the court with their eCabinet registration number that was assigned on registering an e-mail address or addresses pursuant to Rule 3 of the Vermont Rules for Electronic Filing.  The requirement also applies to self-represented litigants in the Supreme Court who choose to receive documents and notices by e-mail.
 
These amendments were promulgated on February 6, 2013, and effective April 8, 2013.
February 6, 2013April 8, 2013
expand Order Abrogating A.O. 28 and Promulgating Emergency Amendment to V.R.A.P. 10
expand Order Promulgating Amendments to Rule 80.3 of the Vermont Rules of Probate Procedure
Rules 80.3(a)-(d) of the Vermont Rules of Probate Procedure are amended for clarity and for consistency with other provisions of the rules and the amendments to 14 V.S.A. §§ 1901-1903 enacted by Act No. 75 of 2009 (Adj. Sess.).  That legislation simplified the requirements of inventory, eliminated the requirement of sureties and gave the court discretion as to the amount of the bond for the payment of funeral expenses, and added a finding of a surviving parent or parents but no spouse or child to the circumstances in which the court may grant administration and issue letters without further notice or bond.
 
Subdivision (h) was added to formalize and make uniform the affidavit procedure that is used in many probate courts.
 
August 28, 2012October 29, 2012
expand Order Promulgating Amendments to § 4 of Administrative Order No. 41
expand Order Promulgating Amendments to § 12 of the Vermont Rules of Admission to the Bar
Rule 12 is amended to provide a procedure for the admission of new attorneys.  Under prior practice, applicants seeking admission to the Bar were required to attend an admission ceremony at the Vermont Supreme Court.  At the ceremony, the Court would hear and grant an oral motion for admission of new attorneys, and the new attorneys would take the required oaths.  The amendment to Rule 12 allows the Board to make a written motion to the Court.  Once the motion is granted, the applicant may take the required oath before a Vermont judge or court clerk or before a federal judge or state-court judge in another state.  This change in practice allows new attorneys to be admitted more quickly and will eliminate the need for those located outside Vermont to travel to Vermont for admission.
July 17, 2012September 1, 2012
expand Order Promulgating Amendments to V.R.P.P. 4(e), 17(a) and 79.1
expand Order Promulgating Amendments to Rules 28(d) and 72 of the Vermont Rules of Civil Procedure
The amendment to V.R.C.P. 28(d), providing for depositions to be taken in Vermont for use in another jurisdiction, limits its applicability to depositions that are to be taken for use in civil actions in a U.S. district court or in proceedings in another country under that country’s laws.  The amendment to V.R.C.P. 72 implements the interlocutory appeal provision of the Vermont Trust Code, 14A V.S.A. § 201, and reflects the establishment of the Civil Division pursuant to Act 154 of 2009 (Adj. Sess.).
July 10, 2012September 10, 2012
To view items click on arrow 1 - 10 Next

Consolidated Amendments to Electronic Filing

NOTE: T To view more information click on the + next to the title.  To view the complete proposal click on the title.

Brief Statement about Rule
expand Consolidated Amendments to Vermont Rules for Electronic Filing, Dissemination of Electronic Case Records, Rules of Appellate Procedure, Civil Rules of Procedure, Administrative Order Nos. 41, 44 and 45