|
|
|
|
Legal Information
Proposed and Promulgated
Rules
|
|
|
 |
|
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 Rule | Comments
Due |
Contact and Address |
|---|
 Proposed amendments to the Rules of Admission to the Bar of the Vermont Supreme Court. | | These proposed amendments eliminate raw scores as a referenced standard for reporting grades on essay examinations; eliminate automatic bar exam eligibility for those applicants who have practiced law in another jurisdiction for less than five years; eliminate certain requirements for applicants seeking admission to the Vermont Bar; and update criteria for appearance by interns in court. | 7/10/09 | Margaret O’Donnell, Esq., Chair
Board of Bar Examiners
2418 Airport Road, Suite 2
Barre, VT 05641
meg.odonnell@vtmednet.org
| | Proposed Order amending Rules 16.1(c), 18(b), 24(d), 32(b) and 32(c) of the Vermont Rules of Criminal Procedure | | The proposed amendment to V.R.Cr.P. 16.1(c) would permit the prosecutor to speak privately to law enforcement officers who have participated in the investigation even if the officers appear on a defense witness list. The proposed amendment to V.R.Cr.P. 18(b) would require prosecution of violations of pre-trial release conditions to be held in the county or circuit of the court that issued the pre-trial release order unless the defendant has been charged with a new offense. The proposed amendment to V.R.Cr.P. 24(d) would add language permitting the court to retain alternate jurors after the jury retires in order to ensure that a sufficient number of jurors will be available in case a sitting juror is unable to complete deliberations. The proposed amendment to V.R.Cr.P. 32(b) would permit the clerk to sign a judgment to reflect the court’s ruling from the bench. The proposed amendment to V.R.Cr.P. 32(c) would require a probation officer to give the defendant’s attorney notice and opportunity to attend an interview of defendant conducted as part of a presentence investigation. Comments on these proposed amendments can be sent to the Chair of the Criminal Rules Committee by January 26, 2009. The chair can be reached either by U.S. postal or email under the contact and address information.
| 1/26/09 | P. Scott McGee, Esq.
Hershensen, Carter, Scott & McGee
PO Box 909
Norwich, VT 05055-0909
smcgee@hcsmlaw.com
| | Proposed Order Amending the Vermont Family Rules for Family Proceedings | | The proposed amendment to Rule 4(b)(2)(B) of the Vermont Rules of Family Proceedings would make clear that the clerk is to complete the notice of a hearing or case manager’s conference after filing of the complaint and is to attempt to schedule the conference or hearing within 45 to 60, rather than 15 to 30, days after filing. The amended time period, which reflects current scheduling practice, is intended to assure that the hearing or conference will be held after the 20 day period for filing an answer, so that the defendant will have time to prepare. It is proposed that Rule 4(g)(1) relating to the testimony of witnesses be abrogated. By simultaneous amendment, its provisions have been incorporated in new Rule 17. The proposed amendment to Rule 9(a)(3) would provide that in relief from abuse actions, depositions under V.R.C.P. 30 may be taken only on order for good cause shown. The proposed amendments to Rule 15 would permit a lawyer acting pursuant to a limited representation agreement with a pro se client to enter a limited appearance in Family Court in certain specific situations. The proposed addition of Rule 17 would make clear that a family court judge or magistrate in any action or proceeding under the Family Rules may require or permit a witness or party to testify or participate by telephone. Comments on these proposed amendments can be sent to the Chair of the Family Rules. Committee by January 26, 2009. She can be reached either by U.S. Postal or email at the following address(es): | 1/26/09 | Jody Racht, Esq., Chair
Vermont Attorney General’s Office
Ladd Hall, 103 South Main Street
Waterbury, VT 05671-0701
jracht@srs.state.vt.us
| | Proposed Amendment to § 6(i)(1) of the Rules for Admission to the Bar of the Vermont Supreme Court | | This proposed amendment waives the three month law office study admission requirement for individuals who are certified as having successfully completed the two-year General Practice Program offered at the Vermont Law School. Comments on this proposed amendment should be sent to the Chair of the Board of Bar Examiners by October 8, 2008. The chair can be reached either by U.S. postal or email under the contact and address information. | 10/8/08 | Margaret O’Donnell, Esq., Chair
Board of Bar Examiners
2418 Airport Road, Suite 2
Barre, VT 05641
JUD-AttyLicensing@state.vt.us
| | Proposed Amendment to §§ 7 and 9 of Administrative Order No. 41 Licensing of Attorneys | | The proposed amendment to § 7 would include certification that an attorney is in good standing with respect to any unpaid judgment issued by the judicial bureau or district court for fines or penalties for a violation or a criminal offense. This proposed amendment would conform with the addition of 4 V.S.A. § 1110. See 2007, No. 51, § 4.
The proposed amendment would add § 9.A. in order to provide that an attorney is in good standing with respect to any unpaid judgment issued by the judicial bureau or district court for fines or penalties for a violation or criminal offense if 60 days or fewer have elapsed since the date a judgment was issued or the attorney is in compliance with a repayment plan approved by the judiciary. This proposed amendment would conform with the addition of 4 V.S.A. § 1110. See 2007, No. 51, § 4.
Comments
| 10/8/08 | Margaret O’Donnell, Esq., Chair
Board of Bar Examiners
2418 Airport Road, Suite 2
Barre, VT 05641
JUD-AttyLicensing@state.vt.us
| | V.R.P.P. 80.8. Accounting By an Agent Under a Power of Attorney. | | This amendment is intended to accommodate a 2001 amendment of 4 V.S.A. § 311 giving the probate court’s jurisdiction over accountings of attorneys in fact when there is no guardian and there is reason to believe that the principal is incompetent. Comments on this proposed amendment should be sent to the Chair of the Probate Rules Committee by May 16, 2008. The chair can be reached either by U.S. postal or email under the contact and address information.
| 5/16/08 | Edward M. Goutas, Esq., Chair
Probate Rules Committee
Westminster District Probate Court
PO Box 47
Bellows Falls, VT 05101-0047
edgoutas@comcast.net or edward.goutas@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
| | Proposed Amendment to Rule 7 of the Vermont Supreme Court Disciplinary Control of Judges | | This proposed amendment would authorize the chair to forward a complaint, considered
by the chair to be unfounded, to one lay member and one judge member for consideration; if
the three individuals agree that the complaint is unfounded, it will be dismissed. | 3/3/08 | Robert P. Keiner, Esq., Chair
70 Court Street
Middlebury, VT 05753
keiner@sover.net
| | Proposed Order Promulgating Amendments to the Vermont Rules for Public Access to Court Records. | | This proposal from the Advisory Committee relates to public access to administrative records. The comment period ended on June 25, 2004. | 6/25/04 | |
|
|
| Promulgated Rules
Over the Last Two Years |
|
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 |
|---|
| Amendments to the Rules of Professional Conduct | | Amendments to the Rules of Professional Conduct incorporate comprehensive and significant changes to the American Bar Association's Model Rules of Professional Conduct that were adopted by the VBA House of Delegates in 2001-2003. | 6/17/2009 | 9/1/09 | | Order making permanent Rule 79.1(h) of the Vermont Rules of Civil Procedure and amending Rule 31(e)(2) of the Vermont Rules of Appellate Procedure | | By order of March 13, 2008, Rule 79.1(h), permitting a lawyer acting pursuant to a limited representation agreement with a pro se client to enter a limited appearance in the Superior Court, was extended until April 10, 2009. This amendment makes the rule permanent. The amendment to Rule 31(e)(2) of the Vermont Rules of Appellate Procedure clarifies the procedure on a motion to disqualify a Supreme Court justice when more than two justices are challenged. | 5/7/09 | 7/6/2009 | | Order amending Rule 55(b) of the Vermont Rules of Civil Procedure | | The amendment to Rule 55(b) of the Vermont Rules of Civil Procedure requires an affidavit as to liability and damages before a default judgment may be entered against a non-appearing party. | 5/7/09 | 7/6/09 | | Order amending Rules 16.2, 26(b) and (f), 33(c), 34, 37(f), 45, 50(b) of the Vermont Rules of Civil Procedure | | Amendments to Vermont Rules of Civil Procedure 16.2,26,33(c),34,37(f) and 45 incorporate amendments to Federal Rules of Civil Procedure concerning discovery of electronically stored information. Amendment to V.R.C.P. 50(b) incorporates changes in F.R.C.P. 50 related to timing of a motion for judgment after trial. | 5/7/09 | 7/6/09 | | Emergency Amendments to Vermont Rules of Criminal Procedure 5(f) and 18 | | The amendments to Rule 5(f) and 18 enable a court to reduce the costs of transporting defendants for their first court appearance and arraignment by ordering the defendant to appear in the court nearest the correctional center in which the defendant is detained. | 01/14/09 | 2/1/09 | | Amendment to Administrative Directive 26 | | Family Court Case Disposition Guidelines for Juvenile Docket. | 01/13/09 | Immediately | | Emergency Amendments to Vermont Rules of Appellate Procedure and Administrative Order No. 4 | | Emergency Amendments to the Vermont Rules of Appellate Procedure and A.O. 4 which incorporate rule changes made necessary by the enactment of Act No. 185 of 2007 (Adj. Sess.). | June 17, 2009 | June 17, 2009 | | Emergency Amendment to A.O. 38 | | This will allow video conferencing on a case by case basis as well as county by county basis. This amendment will allow the Court to take appropriate steps to reduce the costs of transports of lodged defendants in the face of economic exigencies. | 12/17/08 | 1/1/09 | | Emergency Amendments to V.R.C.P. 77(d)), V.R.Cr.P. 56(d) and V.R.P.P. 77(d) and V.R.A.P 45(c) | | Emergency amendments to V.R.C.P. 77(d), V.R.Cr.P. 56(d) and V.R.P.P. 77(d) and V.R.A.P 45(c) to allow the Court to take appropriate steps to reduce the costs of service in the face of economic exigencies. | 12/17/08 | 1/1/09 | | Emergency Amendment to V.R.C.P. 80.1(b)(3)(b) | | Emergency Amendment to V.R.C.P. 80.1(b)(3)(b) to require the service of a notice to homeowners facing foreclosure of free resources available to assist them in trying to arrange to keep their homes. | 12/17/08 | 1/1/09 |
To view more items click on arrow 1 - 10  |
|
|
|
|
|
|