Vt. Memo to the Bar, Aug. 18, 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: Promulgated, Proposed Rules & Miscellaneous Information

DATE: August 18, 2020

For your information, please find:

• Administrative Order No. 50 – Pilot Project for Service by Office of Child Support

• Proposed Amendments to Rules 9.1 and 55(c)(7) of the Vermont Rules of Civil Procedure and Rules 2(a), 3,

and 8(c) of the Vermont Rules of Small Claims Procedure

• Odyssey Electronic Filing & Other Important Info

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

Administrative Order No. 50 – Pilot Project for Service by Office of Child Support

This Order was promulgated on August 7, 2020; effective October 1, 2020.

Administrative Order No. 50 creates a pilot project that is a result of a joint effort between the

Judiciary and the Office of Child Support (OCS) to more efficiently provide service to defendants

in cases filed where OCS is providing services under Title IV-D of the federal Social Security

Act, which established a Child Support Enforcement Program. See 33 V.S.A. § 4101(a)

(designating OCS as agency responsible for Title IV-D). In cases in Windham and Windsor Units,

where efiling has been implemented, OCS will be able to effect service. Administrative Order 50

revises provisions of V.R.F.P. 4.1(a)(2) to implement this pilot project and allows service by

email under specified conditions.

II. PROPOSED RULE AMENDMENTS

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

BEEN APPROVED BY THE SUPREME COURT.)

Proposed Amendments to Rules 9.1 and 55(c)(7) of the Vermont Rules of Civil Procedure and

Rules 2(a), 3, and 8(c) of the Vermont Rules of Small Claims Procedure

The proposed amendments to V.R.C.P. 9.1 implement the recommendation of the Civil

Division Oversight Committee that credit card debt collection actions and other actions brought

by a debt-buyer rather than the original creditor be removed from small claims and brought in the

civil division. Simultaneous amendments to V.R.C.P. 55(c)(7) and V.R.S.C.P. 2 and 3 are being

proposed to accomplish this purpose.

The proposal is made based on the growing complexity of these cases, the inconsistency in how

cases are handled by the lawyers serving as Acting Judges in small claims cases, and the difficulty

of using lawyers as Acting Judges in these cases with the new case management system.

The proposed amendment to Rule 8(c) eliminates the possibility of arrest as a result of contempt

in small claims proceedings, in keeping with the goal of avoiding the imposition of such severe

sanctions for failure to pay debts. See, e.g., https://www.aclu.org/report/pound-flesh-

criminalization-private-debt.

Comments on these proposed amendments should be sent by October 19, 2020, to Allan Keyes,

Esq., Chair of the Advisory Committee on the Rules of Civil Procedure, at the following address:

Allan Keyes, Esq., Chair

ark@rsclaw.com

III. MISCELLANEOUS

a. Odyssey Electronic Filing and Other Important Information

The Addison, Bennington, Chittenden and Rutland trial courts and Environmental Division will

begin using Odyssey starting September 1st, with electronic filing to commence on or about

October 19th. Odyssey and electronic filing are already operational in the Orange, Windsor, and

Windham trial courts and the Judicial Bureau. Please use the following links to access Odyssey

electronic filing and portal systems and for more information.

Odyssey File & Serve. Odyssey File & Serve (OFS) 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 OFS.

For information about OFS processing fees and for docket specific user guides, please visit

https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing.

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.

Efiling Training Opportunities

Register for a live e-filing training webinar. Starting September 10, 2020, Tyler Technologies

will offer online training session on how to electronically file documents using Odyssey File &

Serve. These sessions are offered for free and registration is open to all, including attorneys, firm

administrators, self-represented litigants, and state agency employees. To register please click

here: https://register.gotowebinar.com/rt/7806326256261273102

Watch a pre-recorded e-filing training webinar. The judiciary’s NG-CMS project team

recorded a demonstration of how to use Odyssey File & Serve that you can view here:

https://www.youtube.com/watch?v=ke2ouMDK4VQ&feature=emb_title. You may also watch a

pre-recorded webinar by Tyler Technologies, by visiting

https://register.gotowebinar.com/recording/5669820132306504203 and registering.

Practice setting up your firm and submitting filings. Do you want hands on practice using the

system? Create your firm, register users and begin filing practice cases in the Vermont “Stage”

environment. Be sure that the web address you're using includes the word “stage”

(https://vermont-stage.tylerhost.net/ofsweb). The Stage environment is available any time. Please

note that submissions will only be reviewed periodically, so you may not get a timely response on

whether your practice submissions have been accepted. The Stage environment is available now

only for familiarity and direct hands-on experience and is not a substitute for registering on the

actual efiling site when you are ready.

Read Vermont specific e-filing guides. The Vermont Judiciary’s website includes several efiling guides to help you navigate Odyssey File & Serve. Visit

https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing and

click on Odyssey File and Serve User Guides to view the most updated versions.

Important Notice about Court Operations During Phase III Odyssey Roll Out in the Addison,

Bennington, Chittenden, and Rutland Trial Courts and Environmental Division

In preparation for the Phase III Odyssey roll out, the Addison, Bennington, Chittenden, and

Rutland trial courts and the Environmental Division will be closed to the public on several dates

during the months of August and September. Below is a schedule of court closures and

information about court operations during these dates.

The courts will be closed according to the following schedule:

• All courts in these units will be closed from Monday August 31st through Monday

September 7th. Operations will resume on Tuesday September 8th.

• Addison Criminal, Probate, and Family will be closed Friday August 7th, Friday August

14th, Thursday August 20th, and Friday August 28th.

• Addison Civil will be closed Friday August 7th, Friday August 14th and Thursday August

20th.

• Bennington Civil and Probate will be closed Friday August 7th, Friday August 14th,

Friday August 21st, and Friday August 28th.

• Bennington Criminal and Family will be closed Tuesday August 11th, Thursday August

20th, and Tuesday August 25th.

• Chittenden Unit will be closed Friday August 14th, Friday August 21st, and Friday

August 28th.

• Rutland Civil and Probate will be closed Friday August 14th, Thursday August 20th, and

Thursday August 27th.

• Rutland Criminal will be closed Thursday August 13th, Friday August 21st, and Friday

August 28th.

• Rutland Family will be closed Wednesday August 12th, Tuesday August 18th, and

Tuesday August 25th.

• Environmental Division will be closed Friday August 21st and Thursday August 27th.

Court users should know that on these dates:

• Units will only hold emergency hearings. This includes criminal lodgings, relief from

abuse cases, stalking cases, juvenile emergency custodial orders and mental health

emergencies.

• Judges from other units or retired judges may sit on these emergency hearings remotely.

• Any non-emergency hearings currently scheduled for this period will be rescheduled.

• Individuals can still call or email the courts, though some calls will be directed to the

Information Center first.

• Individuals can still deposit paperwork at the courts’ drop boxes and pick up court forms

at court entrances.

The Phase III roll out encompasses staff and courts from seven buildings across four counties.

Court staff, finance staff, and RIS staff will be managing data conversion, performing manual

data entry, and scanning paper files into Odyssey. This dedicated time is essential to ensure a

successful transition onto the new case management system. We appreciate your patience and

consideration during this time.

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.