D. Vt. L.R. 9

(a) Social Security Cases. The following procedures govern all actions challenging a final

decision of the Commissioner of the Social Security Administration filed under the Social

Security Act, 42 U.S.C. § 405.

(1) Time for Filing Answer. Within 60 days after notice of the action is given under Rule

3, the Commissioner must serve and file:

(A) an answer, which may be limited to a certified copy of the administrative

record (and may be filed in electronic form), and to any affirmative defenses under

Civil Rule 8(c). Civil Rule 8(b) does not apply.

(2) Motion for Order Reversing the Commissioner’s Decision. Within 30 days after the

Commissioner files an answer, the plaintiff must serve and file:

(A) a Motion for Order Reversing the Commissioner’s Decision or for other relief;

and

(B) a supporting memorandum.

(3) Motion for Order Affirming the Commissioner’s Decision. Within 30 days after the

plaintiff files the Motion for Order Reversing the Commissioner’s Decision, the

Commissioner must serve and file:

(A) a Motion for Order Affirming the Decision of the Commissioner or for other

relief; and

(B) a supporting memorandum.

(4) Reply Memorandum. Within 14 days after the Commissioner files the Motion for

Order Affirming the Commissioner’s Decision, the plaintiff may serve and file a reply.

(5) Further Reply Memorandum. If the plaintiff raises new issues or arguments in a

reply memorandum, the Commissioner may serve and file a sur-reply within 14 days after

service of the reply memorandum.

(6) Content of Motions and Memoranda.

(A) Motions and memoranda must not exceed a total of 25 pages, and must meet

the formatting requirements of Rule 10(a).

(B) The first section of the memorandum must include a summary of the case’s

procedural history and a brief summary of the relevant background facts, with page

citations to the administrative record.

(C) The second section of the memorandum must include a concise statement of

each issue for review, similar to an appellate brief; and must present the argument,

discussing each issue in a separate subsection. The argument shall refer to the

pertinent facts, if any, and shall include specific page citations to the administrative

record for supporting evidence.

(b) Bankruptcy Appeals.

(1) Filing. To appeal a bankruptcy judgment, the appellant must submit the following to

the bankruptcy court clerk within 14 calendar days after the court’s final judgment, order,

or decree:

(A) a notice of appeal; and

(B) a fee for each notice of appeal (refer to Bankruptcy fee schedule).

(2) Parties to Assist Bankruptcy Clerk with Transmitting Record. The designating party

must comply with any request by the bankruptcy court clerk to facilitate the assembly and

transmission of the record to the district court within 30 calendar days after filing the

designation. A judge may dismiss the appeal or take other appropriate action for failure to

comply with this provision, including, but not limited to, failing to provide all copies of

designated items or failing to notify or prepay the bankruptcy clerk for copy or filing fees.

(c) Interlocutory Bankruptcy Appeals.

(1) Filing. To appeal a decision in a pending bankruptcy action, a party must file the

following with the bankruptcy court clerk:

(A) a motion for leave to appeal;

(B) a notice of appeal; and

(C) a notice of appeal fee (refer to Bankruptcy fee schedule).

(2) If Granted. If the court grants the motion for leave to appeal, the appellant must pay

an additional filing fee to the bankruptcy court clerk (refer to Bankruptcy fee schedule).

(d) Withdrawal of Reference.

(1) Filing. To file a motion for withdrawal of reference of a case or proceeding, a party

must submit the following to the bankruptcy court clerk:

(A) a clear statement that the party is seeking relief from the district court; and

(B) a filing fee (refer to Bankruptcy fee schedule).

(2) Opposition. A party opposing withdrawal of reference must file an opposition paper

within 14 calendar days after service of the motion for withdrawal of reference. The

moving party has 14 calendar days after service of the opposition to file a reply.

(3) District Court Assignment. A district judge will be assigned according to the court’s

usual system for assigning civil cases. Contested motions for withdrawal of reference

receive a civil case number. Uncontested motions for withdrawal receive a miscellaneous

case number.

(4) Notification of Bankruptcy Court Clerk. The district court clerk must notify the

bankruptcy court clerk of the case number and the assigned judge.