The following Proposed Amendments are proposed by the Rules Committees and have not been reviewed by the Supreme Court.

Proposed Order Amending Rules 2(c) and 8(c) of the 2020 Vermont Rules for Electronic Filing

The proposed amendment to Rule 2(c) clarifies that the electronic case file includes items in the Judiciary’s case management system.

The proposed amendment to Rule 8(c) addresses digital evidence exhibits that cannot be filed through the electronic filing system. Electronically filed documents must be in PDF format. See 2020 V.R.E.F. 7(a). Some digital evidence, such as high-quality photographs, audio recordings, or videos, cannot be submitted through the electronic filing system or stored in the case management system. This digital evidence must be submitted to the court in a manner designated by the Court Administrator, which could include electronic submission. However submitted, all exhibits must be listed on the litigant’s exhibit list and the electronic case record must be updated to reflect whether the exhibit was offered and admitted.

Comments on these proposed amendments should be sent by April 26, 2024, to Hon. John A. Dooley (Ret.), Chair of the Advisory Committee on the Rules for Electronic Filing, at the following address:

Honorable John A. Dooley, (Ret.), Chair
John.Dooley@vermont.gov
 

Proposed Order Amending Rule 15 of the Vermont Rules for Family Proceedings

The proposed amendment deletes V.R.F.P. 15(i), which requires inclusion of an eCabinet registration number. Attorney eCabinet registration numbers are no longer used and therefore the requirement is obsolete.

Comments on this proposed amendment should be sent by April 26, 2024, to Hon. Kerry Ann McDonald-Cady, Chair of the Advisory Committee on the Rules for Family Proceedings, at the following address:

Hon. Kerry Ann McDonald-Cady, Chair
Kerry.McDonald-Cady@vermont.gov
 

Proposed Order Amending Rule 28(g)(1) of the Rules of Supreme Court of Appellate Procedure and Rule 9(b)(2) of the Vermont Rules of Small Claims Procedure

The proposed amendment to V.R.C.P. 28(g)(1) updates its cross-reference to the word-count limits in Rule 32 from former Rule 32(a)(7) to (a)(4). 

The proposed amendment to V.R.S.C.P. 9(b)(2) updates its outdated reference to Form 34 of the Vermont Rules of Civil Procedure.  The list of exemptions that appeared in that form are now in a form approved by the Court Administrator and available on the Judiciary website.

Comments on this proposed amendment should be sent by March 15, 2024, to Allan Keyes, Esq., Chair of the Advisory Committee on the Rules of Civil Procedure, at the following address:

Allan Keyes, Esq., Chair
Advisory Committee on the Rules of Civil Procedure
ark@rsclaw.com
 

Proposed Order Amending Rule 6(6) and Adding Rule 14 of the Rules of Supreme Court for Disciplinary Control of Judges

The proposed amendment to Rule 6(6) imposes two requirements regarding complaints of misconduct or disability. First, proposed Rule 6(6)(a) requires that the complaint must contain a concise statement of facts to support the alleged misconduct or disability. This requirement allows the Board to focus its attention and resources on colorable complaints. Second, under proposed Rule 6(6)(b), repetitive complaints need not be addressed by the Board. The Chair or Vice Chair of the Board determines whether a complaint is repetitive.

The proposed addition of Rule 14 provides a mechanism for the Board to restrict the filing of complaints by complainants who have abused the procedure. Successive and frivolous complaints strain limited resources and do not further the purposes of the complaint procedure. The proposed rule is based on a federal court rule also aimed at curtailing abuse of the complaint procedure.

Comments on these proposed amendments should be sent by March 8, 2024, to Barbara Blackman, Esq., Chair of the Judicial Conduct Board, at the following address:

Barbara Blackman, Esq., Chair
Judicial Conduct Board
c/o Lynn Wdowiak, Board Clerk, lcw@rsclaw.com
 

Proposed Order Amending Rules 2 and 10 of the Vermont Rules of Admission to the Bar of the Vermont Supreme Court

At its January 2024 administrative meeting, the Vermont Supreme Court voted to adopt the NextGen bar exam as of the July 2027 exam administration.  Pursuant to that decision, the Court approved putting out for comment proposed changes to Rules 2 and 10.  These proposed changes are the first steps towards incorporating the future administration of the NextGen exam; further Rule amendments will likely be necessary as the July 2027 exam administration approaches.

The proposed amendments to Rule 2 include deleting former subdivisions (h), (i), and (j), which contain definitions for “Multistate Bar Examination,” “Multistate Essay Examination,” and “Multistate Performance Test,” as those will not be stand-alone sections of the NextGen bar exam. Former (k) through (o) are relabeled (h) to (l). The definition of “Uniform Bar Examination” in proposed subdivision (l) is amended to include the NextGen exam and to clarify that any mention of “bar examination” or similar terms refer to the Uniform Bar Examination.

The proposed amendments remove former subdivision 10(b) because it referenced the Multistate Bar Examination. Subdivisions (c) and (d) are relabeled (b) and (c).

Comments on these proposed amendments should be sent by March 8, 2024, to Andrew Strauss, Licensing Counsel of the Office of Attorney Licensing, at the following address:

Andrew Strauss, Licensing Counsel
Andrew.Strauss@vermont.gov
 

Proposed Order Amending Rules 1(D) and 4(A) of the Vermont Rules for Mandatory Continuing Legal Education

The proposed amendments to Rules 1(D) and 4(A) clarify that programs for judicial officers do not qualify for credit as continuing legal education because they are not aimed at increasing or maintaining an attorney’s professional competence. Individuals who are judicial officers and also maintain a law practice must maintain legal education separate from judicial education. This is in keeping with the program standards in Rule 4, which requires programs to be designed “to increase the attendee’s professional competence and skills as an attorney.” Rule 4(A).

Comments on these proposed amendments should be sent by February 12, 2024, to Andrew Strauss, Licensing Counsel of the Office of Attorney Licensing, at the following address:

Andrew Strauss, Licensing Counsel
Andrew.Strauss@vermont.gov
 

Proposed Order Amending Rule 9 (c)(2) of the Vermont Rules of Admission to the Vermont Bar

The proposed amendments make the exam application deadlines in Rule 9(c)(2)(A) two weeks earlier to allow more time for the Board to process requests for exam accommodations, including the possible use of outside experts.

Comments on this proposed amendment should be sent by February 12, 2024, to Andrew Strauss, Licensing Counsel of the Office of Attorney Licensing, at the following address:

Andrew Strauss, Licensing Counsel
Andrew.Strauss@vermont.gov
 

Proposed Order Amending Rule 1(i) of the Vermont Rules for Family Proceedings

The proposed amendments to V.R.F.P. 1(i)(2)(B) replace outdated terminology. The proposed amendments are not intended to change the range of disabilities covered by the previous terminology.

Comments on this proposed amendment should be sent by February 12, 2024, to Hon. Kerry Ann McDonald-Cady, Chair of the Advisory Committee on the Rules for Family Proceedings, at the following address:

Hon. Kerry Ann McDonald-Cady, Chair
Kerry.McDonald-Cady@vermont.gov

 

Proposed Order Amending Rules 41.1(b) and (c) of the Vermont Rules of Criminal Procedure

The proposed amendments to Rules 41.1(b) and (c) make the rule consistent with V.R.Cr.P. 41(d)(4), enabling applications for nontestimonial identification orders to be made by reliable electronic means, as well as in person, with supporting affidavits sworn to either in person, or by telephone if the application is by reliable electronic means.

Comments on this proposed amendment should be sent by February 12, 2024, to Hon. John Treadwell, Chair of the Advisory Committee on Rules of Criminal Procedure, at the following address:

Honorable John Treadwell, Chair
Advisory Committee on Rules of Criminal Procedure
John.Treadwell@vermont.gov

 

Proposed Order Amending V.R.E.F. 8

The proposed amendment to Rule 8 adds new subdivision (d), which addresses the manner for filing exhibits into the electronic filing system. This rule relates to exhibits related to an evidentiary hearing and does not address attachments to motions, which are covered by Rule 5(g), or other pleadings. The proposed amended rule requires that each exhibit be submitted as a separate document instead of as one compiled document.

Comments on this proposed amendment should be sent by January 8, 2024, to Hon. John A. Dooley (Ret.), Chair of the Advisory Committee on the Rules for Electronic Filing, at the following address:

Honorable John A. Dooley, (Ret.), Chair
John.Dooley@vermont.gov

 

Proposed Order Amending V.R.A.P. 3(e) and 27(a)(3)

The proposed amendment to V.R.A.P. 3(e) makes the appellee’s docketing statement optional. In many appeals, the appellee’s docketing statement is cumulative and not necessary for the Court or parties. Although the filing is no longer mandatory, as a matter of practice an appellee should consider whether filing one is useful in a particular case.

The proposed amendment to V.R.A.P. 27(b)(3) allows a reply in support of a motion. This is consistent with the federal appellate rule, as is the time allowed for the reply—7 days after service of the response unless otherwise ordered. The time to reply is kept short to avoid delay in resolution of motions but can be extended under V.R.A.P. 26(b). This proposed amendment does not affect V.R.A.P 27(b)(1), which allows the Court to act on a motion for a procedural order without notice to, or response from, other parties.

Comments on these proposed amendments should be sent by December 11, 2023, to Allan Keyes, Esq., Chair of the Advisory Committee on the Rules of Civil Procedure, at the following address:

Allan Keyes, Esq., Chair
Advisory Committee on the Rules of Civil Procedure
ark@rsclaw.com

 

Proposed Order Amending V.R.C.P. 11(a)

The proposed amendment Rule 11(a) requires every pleading, written motion and other document that requires a signature to include the signer’s telephone number. The primary purpose of this change is to assist self-represented litigants who wish to contact an opposing attorney by phone.

Comments on this proposed amendment should be sent by December 11, 2023, to Allan Keyes, Esq., Chair of the Advisory Committee on the Rules of Civil Procedure, at the following address:

Allan Keyes, Esq., Chair
Advisory Committee on the Rules of Civil Procedure
ark@rsclaw.com

 

Proposed Order Amending V.R.C.P. 4(c), (d), (e), and (f), 55, 62(b), and 80.1(f)

The proposed amendments to Rule 4 update its provisions to current practice and terminology.  The proposed amendments to the caption and text of Rules 4(d) and 4(e) delete the references to “personal” service. Proposed Rule 4(d)(2) is amended to aggregate into a single subdivision the methods of service on the State of Vermont or any agency or officer thereof. Former Rule 4(f)(2), relating to mail service on an officer of the state as a statutory process agent, is moved to Rule 4(d)(2). The existing provision of Rule 4(d)(2), for service in false claims actions, is reworded for clarity with no change of meaning intended. The proposed amendment recaptions Rule 4(f) to “Service by Mail Outside the State.” The text is reorganized to clarify each step in the mail service process and, in some cases, to modify the requirements of the existing rule. The proposed amendment to Rule 4(f)(1) clarifies what was implicit in the original rule, that it applies only to service by mail outside the state. Proposed Rule 4(f)(2) changes the requirement to use “registered or certified mail, with restricted delivery and return receipt requested” to any mail delivery method that “requires a signature by the addressee or by the agent of the addressee for receipt of mail.” The proposed amendment to Rule 4(f)(3) clarifies when service by first-class mail under Rule 4(f) is permitted and how it is completed.

Proposed Rule 55(d) is added to require service of a default judgment against a party who has not appeared in the case. The purpose of this service requirement is to give the defaulted party effective and timely notice of the judgment. Proposed new Rule 55(d)(1) requires service under Rule 4(d) or (e). Mail service is allowed only if such Rule 4 service cannot be made with due diligence.  Proposed Rule 55(d)(3) allows service by publication on motion, findings, and order that none of the other methods of service can be made with due diligence.

New proposed Rule 55(c)(8) is added to allow the court to include in a default judgment the projected cost of service required by Rule 55(d).

The proposed amendment to Rule 62(b) states that execution against a party who has not appeared is stayed until the party to whom judgment was awarded serves the default judgment pursuant to new proposed Rule 55(d), which now specifies the method of service. The purpose of the rule—to give the defendant an opportunity to move to set aside a default judgment—remains the same.

The proposed amendment to Rule 80.1(f) allows the court to include in a default judgment the projected cost of service required by Rule 55(d). The cost of initial service of the summons and complaint is presumptively a reliable measure of the projected future cost of service of the default judgment.

Comments on these proposed amendments should be sent by December 11, 2023, to Allan Keyes, Esq., Chair of the Advisory Committee on the Rules of Civil Procedure, at the following address:

Allan Keyes, Esq., Chair
Advisory Committee on the Rules of Civil Procedure
ark@rsclaw.com

 

Proposed Order Amending the Vermont Rules of Evidence

The proposed amendments remove gendered pronouns and make some small stylistic changes.

Comments on these proposed amendments should be sent by December 11, 2023, to the Hon. Dickson Corbett, Esq., Chair of the Advisory Committee on Rules of Evidence, at the following address:

Hon. Dickson Corbett
Dickson.Corbett@vermont.gov