Vt. Memo to the Bar, Apr. 7, 2020

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: Fifth Amendment to Administrative Order No. 49 – Declaration of Judicial Emergency

and Changes to Court Procedures & Miscellaneous Information

DATE: April 7, 2020

For your information, please find:

• AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures

4-6-20

• Helpful links for Updates and Information about Odyssey and the NG-CMS Project

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENT

AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 4-6-20

This Order was promulgated on April 6, 2020; effective immediately.

This order further amends A.O. 49, which declared a Judicial Emergency on March 16, 2020 in

response to the COVID-19 pandemic.

The order amends ¶ 3(b) of the order, which relates to the suspension of nonemergency Superior

Court hearings and directs that all jury draws and jury trials currently scheduled to take place on or

before May 15, 2020 be suspended.

The order amends ¶ 6(c) regarding email filings in the Supreme Court. The amendment suspends

the requirement that parties file paper copies of their briefs and printed case. Appellate briefs and

printed cases will be considered filed when sent by email. Paper copies will still be required if

ordered by the Court or within thirty days after either the judicial emergency ends or the filing

requirement is no longer suspended.

Paragraph 7(a), concerning access to court buildings is amendment to correct terminology and

refer to communication specialists.

Paragraph 12, concerning oral arguments in the Supreme Court, is amendment to allow the Court

to hold oral argument through video or other electronic means and to provide public access by

electronic means.

New ¶ 17 is added and addresses notarization and oaths. It allows individuals to self-certify the

truthfulness of their statements, subject to the penalty of contempt where notarization is required

by court rule. It also allows remote administration of the oath for depositions and allows courts to

administer an oath remotely in a hearing if the court is satisfied as to the identity of the witness

testifying.

New ¶ 18 is added to suspend the administration of the July Uniform Bar Exam to a later date.

II. MISCELLANEOUS

a. Helpful links for Updates and Information about Odyssey and the NG-CMS Project

For ODY Public Portal information: https://www.vermontjudiciary.org/about-vermontjudiciary/public-portal

For information about the Judiciary’s new case management project:

https://www.vermontjudiciary.org/about-vermont-judiciary/next-generation-court-case-management-system

b. 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.

c. 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.

d. 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.