Vt. Memo to the Bar, May 1, 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: Ninth Amendment to Administrative Order No. 49 – Declaration of Judicial Emergency and

Changes to Court Procedures & Miscellaneous Information

DATE: May 1, 2020

For your information, please find:

• AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 4-30-20

• Notice to Attorneys Due to Renew Licenses in 2020

• Odyssey Electronic Filing & Other Important Info

• 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 4-30-20

This Order was promulgated on April 30, 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 ¶ 5(a) regarding remote participation to extend to the Environmental Division the

same provisions applicable in most cases in the civil, family, and probate divisions.

The order amends ¶ 5(b) regarding remote participation in the criminal division to extend its provisions

to juvenile delinquency proceedings. Further amendments to ¶ 5(b) allow nonevidentiary proceedings not

requiring presence of the defendant or juvenile to be conducted via video conference. In evidentiary

proceedings where the presence of the defendant or juvenile is required, remote participation is by

consent of the parties.

Finally, the order amends ¶ 17, which relates to notarization and oaths, to eliminate the special

procedure for allowing a party to self-attest to an oath where an oath and notary are required by court

rules. Because of action taken by the Vermont Legislature, this provision is now unnecessary. Under

S. 114, signed into law on April 28, 2020, a party may file without notarization any document that would

otherwise require approval or verification of notary by including a self-attestation clause.

More information regarding COVID-19 and court operations can be found at

https://www.vermontjudiciary.org/news/information-regarding-coronavirus-disease-2019-covid-19-and-

court-operations

II. MISCELLANEOUS

NOTICE TO ATTORNEYS DUE TO RENEW LICENSES IN 2020: In light of the impact of

COVID-19 on Office of Attorney Licensing processes, attorneys renewing their license for the 2020-

2022 reporting period must renew using the online license renewal portal (which will be opening in

May). Absent extraordinary circumstances, paper renewals will not be accepted.

a. Odyssey Electronic Filing and Other Important Information

Odyssey is now operational in the Orange, Windsor, and Windham trial courts and the Judicial Bureau.

Electronic filing began in these trial courts on April 20, 2020 and will begin for the Judicial Bureau on

April 27, 2020. Please use the following links to access the Odyssey case management programs and for

more information.

• Odyssey File & Serve. Odyssey File & Serve is the platform through which you will

electronically file with the courts. To access Odyssey File & Serve, please visit

https://vermont.tylerhost.net/ofsweb. This page contains user guides in the lower left-hand

corner. They include instructions on how to register and use the File & Serve. Please note that

docket specific filer guides will be posted in the near future on the judiciary’s main website.

• Odyssey Public Portal. The Odyssey Public Portal allows you to view your case files. To access

the portal, please visit https://publicportal.courts.vt.gov/Portal/. Before you can view your case

files, you must first register in the portal and then request elevated access. The Public Portal User

Guide contains instructions on how to register and request elevated access. You can read the user

guide via this link:

https://www.vermontjudiciary.org/sites/default/files/documents/VT%20Public%20Portal%20User

%20Guide%20v8.pdf. For full information on how to use the portal, please visit

https://www.vermontjudiciary.org/about-vermont-judiciary/public-portal.

• FAQ. Please visit https://www.vermontjudiciary.org/odyssey for answers to frequently asked

questions and updates about the project.

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-vermontjudiciary/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.