Vt. Memo to the Bar, June 19, 2019

SUPREME COURT OF VERMONT

OFFICE OF THE COURT ADMINISTRATOR

PATRICIA GABEL, ESQ. Mailing Address

State Court Administrator Office of the Court Administrator

patricia.gabel@vermont.gov 109 State Street

Montpelier, VT 05609-0701

Telephone (802) 828-3278

FAX: 802 828-3457

www.vermontjudiciary.org

TO: Members of the Vermont Bar

FROM: Patricia Gabel, Esq., State Court Administrator

RE: Promulgated Rules, Proposed Electronic Filing Rules and Miscellaneous

Information

DATE: June 19, 2019

For your information, please find the following information:

• Order Promulgating Amendments to Rule 24 of the Vermont Rules of Admission to the Bar

of the Vermont Supreme Court

• Order Promulgating Rule 23(g) of the Vermont Rules of Civil Procedure

• Order Adding Rule 39 to the Vermont Rules of Probate Procedure

• Proposed Order Promulgating the 2019 Vermont Rules for Electronic Filing

• Proposed Amendments to Rules 3, 5, 5.1, 6, 9, 10, 11, 12, 13, 28, 30 and 45.1 of the

Vermont Rules of Appellate Procedure

• Proposed Amendments to Rules 5 and 79 of the Vermont Rules of Civil Procedure and

Rules 5 and 79 of the Vermont Rules of Probate Procedure

• Proposed Amendments to Rules 3, 4, and 5 of the Vermont Rules for Environmental Court

Proceedings, Rules 4, 10, 44.2, 45, 77, and 79.1 of the Vermont Rules of Civil Procedure,

Rules 4 and 79.1 of the Vermont Rule of Probate Procedure, and Rule 15 of the Vermont

Rules for Family Proceedings

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

a. Order Promulgating Amendments to Rule 24 of the Vermont Rules of Admission to the

Bar of the Vermont Supreme Court

This Order was promulgated on June 13, 2019; effective August 15, 2019.

Amended Rule 24 allows a legal intern, who is admitted in another U.S. jurisdiction, to

appear in court without the presence of the supervising attorney and to sign documents in

connection with the pending matter without the co-signature of the supervising attorney. This

amendment essentially gives such legal interns the same authority as that given to nonresident

attorneys admitted pro hac vice under Administrative Order No. 41, but without the need to

submit a pro hac vice application and fee for each case in which the legal intern wishes to

appear. In doing so, the amendment aims to reduce administrative, staffing, and financial

obstacles that may otherwise prevent qualified legal interns, especially those working for state

agencies, from appearing as legal counsel.

b. Order Promulgating Rule 23(g) of the Vermont Rules of Civil Procedure

This Order was promulgated on June 13, 2019; effective August 15, 2019.

New Rule 23(g) provides for the disbursement of residual funds that remain after satisfaction

of all claims under a class action judgment or settlement.

c. Order Adding Rule 39 to the Vermont Rules of Probate Procedure

This Order was promulgated on June 13, 2019; effective August 15, 2019.

New Rule 39 allows expedited proceedings in cases that potentially may be appealed de novo

to the civil division. Under the amendment, if both parties have appeared, the judge may make a

determination on the merits without swearing-in the parties if the facts as represented by them on

the record are undisputed and no party objects.

II. PROPOSED RULE AMENDMENTS

(NOTE: THE FOLLOWING AMENDMENTS HAVE BEEN PROPOSED AND HAVE NOT

BEEN APPROVED BY THE SUPREME COURT.)

a. Proposed Order Promulgating the 2019 Vermont Rules for Electronic Filing

The proposed 2019 Vermont Rules for Electronic Filing are designed to conform to the

upcoming new Judiciary case management system (CMS). The CMS will have electronic filing

and electronic casefiles and be rolled out over time in the superior courts and the judicial bureau.

Additions to these rules will be made when the new CMS is rolled out for the Supreme Court and

other judiciary entities. The existing 2010 Vermont Rules for Electronic Filing, which were

designed for eCabinet, will remain in effect and applicable to dockets where they are currently in

use. Once the new CMS is rolled out in all the locations and dockets where eCabinet has been

employed, the 2010 rules will be repealed.

Extensive instructions will supplement the proposed rules and will often appear on screens for

electronic filing and the viewing of electronic case files. The user must follow these instructions

for electronic filing, service after commencement, and viewing of files. In addition to the efiling

system, the public and parties will be able to view electronic case files, either by remote access

or on terminals at court houses, through a public portal. To view nonpublic documents a separate

registration for that portal and approval of elevated status will be required.

The adoption of these rules is coordinated with the adoption of extensive amendments to the

Vermont Rules for Public Access to Court Records to enable, with necessary restrictions, the

public and filers to view electronic case files when a filing is accepted. Those rules contain

specific directions for filers to comply with requirements making certain records and information

inaccessible to the public. Filers should consult the public access rules, as well as these rules, to

be sure a filing complies.

b. Proposed Amendments to Rules 3, 5, 5.1, 6, 9, 10, 11, 12, 13, 28, 30 and 45.1 of the

Vermont Rules of Appellate Procedure

The proposed amendments to the appellate rules update language in anticipation of the new

case management system, which will be rolled out in phases throughout the state concurrent with

electronic filing and electronic case files. The rollout will initially be in divisions of the superior

court, and the Supreme Court will be at the end of the rollout period. The proposed amendments

to the appellate rules are made to accommodate appeals from cases that were filed under the new

case management system and have electronic case files. When the case management system is

implemented in the Supreme Court, the appellate rules will be amended further. The proposal

uses “transmit” instead of “mail” to allow electronic or other types of transmission of documents.

The term “docket entries” is replaced with the more general term “record of actions.” The

proposal amends various rules to clarify when references are to the 2010 Vermont Rules for

Electronic Filing.

The proposal amends Rules 28 and 30 to specify how to refer to the record in cases filed under

the 2019 Vermont Rules for Electronic Filing and to clarify that no printed case is required when

there is an electronic case file under either the 2010 or 2019 Vermont Rules for Electronic Filing.

In cases with no electronic case file, a printed case remains a requirement.

c. Proposed Amendments to Rules 5 and 79 of the Vermont Rules of Civil Procedure and Rules

5 and 79 of the Vermont Rules of Probate Procedure

The proposed amendments to V.R.C.P. 5 and V.R.P.P. 5 are made to conform the rules to the

proposed 2019 Vermont Rules for Electronic Filing. The proposed amendments explain the

certificate of service requirements when documents are filed under the new rules. The proposal

clarifies when references are to the 2010 Vermont Rules of Electronic Filing. The proposal also

cross references the Vermont Rules for Public Access to Court Records.

The proposal removes V.R.C.P. Rule 79(a)(1) and V.R.P.P. Rule 79(c) because the custodian

of records is as specified in V.R.P.A.C.R. 3(c), effective July 1, 2019.

d. Proposed Amendments to Rules 3, 4, and 5 of the Vermont Rules for Environmental Court

Proceedings, Rules 4, 10, 44.2, 45, 77, and 79.1 of the Vermont Rules of Civil Procedure,

Rules 4 and 79.1 of the Vermont Rule of Probate Procedure, and Rule 15 of the Vermont

Rules for Family Proceedings

The proposed amendments to various rules are designed to conform rules to the new case

management system and concurrent 2019 Vermont Rules for Electronic Filing. The new case

management will be rolled out across the state in phases. Until the new case management system

and electronic filing are fully implemented, different divisions of the superior court will be

operating under different electronic filing rules. The Environmental Division has electronic filing

under the 2010 Vermont Rules for Electronic Filing and so references are amended to specify

that those rules are applicable. After the Court Administrator directs that electronic filing under

the 2019 Vermont Rules for Electronic Filing will begin in the Environmental Division, the 2010

Vermont Rules for Electronic Filing will no longer apply, and the Rules for Environmental Court

Proceedings will require revision. The proposed amendments clarify when cross references in

the environmental, civil, probate, and family rules are to the 2010 Vermont Rules for Electronic

Filing.

Comments on all of these proposed amendments related to electronic filing should be sent by

August 19, 2019, to Hon. Walter M. Morris, Reporter for the Special Advisory Committee on

Rules for Electronic Filing, at the following address:

Hon. Walter M. Morris, Jr.

Vermont Supreme Court

109 State Street

Montpelier, VT 05609-0801

walter.morris@vermont.gov.

III. MISCELLANEOUS

a. Court Forms

Court forms are constantly being updated. Please refer to the judiciary website for the most up-to-date forms. https://www.vermontjudiciary.org/court-forms.

Please use the link below to report any form question, concern or issue

http://www.vermontjudiciary.org/website-feedback-form or you can access our Website

Feedback program at the bottom of each web page

b. Obligation under A.O. 41

Attorneys are reminded that an “attorney must report to the State Court Administrator within

thirty days any change of the office mailing or electronic mail address” and that “[n]otice sent to a

reported address is sufficient even if not received by the attorney because of failure to report the

proper address or failure of delivery not caused by the court.” A.O. 41, § 4(c); see A.O. 44, § 1.

Please email those changes to JUD.AttyLicensing@vermont.gov. Your cooperation is very

much appreciated.

To ensure you continue to receive these emails, please add JUD.AttyLicensing@vermont.gov

to your Safe Senders list.

c. eCabinet Registration

Administrative Order No. 44 requires attorneys in active status to register up to three email

addresses in eCabinet for purposes of receiving notices of hearing and other documents. You

may include staff email addresses in the three email addresses that you specify. eCabinet

registration is required whether you practice in court or not.

If you have already registered in eCabinet, the email address(es) you provided as part of that

process will be used.

If you have not already registered in eCabinet, please go to

https://efiling.eservices.crt.state.vt.us/, click Register Now, and follow the simple prompts.

Attorneys will need their attorney license numbers to register. Helpful information about the

Attorney Email Registration process is also available on the Electronic Filing page of the

judiciary website at https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-

access/electronic-filing. Please contact jud.helpdesk@vermont.gov or call the Helpdesk at 802-

828-4357 with any questions in the meantime.

You are also reminded that you are required to update the email address(es) and other contact

information you have registered as soon as there are any changes, including changes to staff

email addresses you may have included with your registration. To revise the information, please

go to https://efiling.eservices.crt.state.vt.us/, log into eCabinet, click “Account,” choose “My

Profile,” and make the necessary changes to your contact information.

Notification to JUD.AttyLicensing@vermont.gov or in eCabinet of a change to your contact

information does not automatically notify the other. It is your responsibility to notify both. If you

are a member of the Vermont Bar Association, you will also need to separately notify the VBA.