Vt. Memo to the Bar, Dec. 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: Eighteenth Amendment to A.O. 49, Proposed Rules & Miscellaneous Information

DATE: December 7, 2020

For your information, please find:

• AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 12-4-20

• Proposed Order Amending V.R.C.P. 80.1(f)

• Odyssey Electronic Filing & Other Important Info

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

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

12-4-20

This Order was promulgated on December 4, 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.

A.O. 49 ¶ 2 is amended to further extend the judicial emergency and effective date of the

Administrative Order to March 31, 2021. The extension is necessary based on the need to alter

court operations to respond to the ongoing dynamic nature of the pandemic and to provide enough

notice to court staff and court users regarding scheduling and operations.

Paragraph 3 is amended to clarify the process for deciding when courts can hold jury trials. As

previously indicated in the order, criminal jury trials are not formally suspended, and civil jury

trials will not be suspended after January 1. Under the revised language superior courts seeking to

hold a jury trial must secure the approval of the Chief Superior Judge and the Court Administrator

before summoning jurors and holding a jury trial. The amendment identifies a host of factors to be

considered by the Court Administrator and Chief Superior Judge to ensure that the necessary

steps are taken to protect trial participants and public health, and that the Judiciary has adequate

staffing to support a proposed jury trial.

Paragraph 5, concerning remote participation in hearings is amended to address hearings in the

judicial bureau. New ¶ 5(c) gives the judicial bureau express authority to preside remotely and

requires all participants to appear by remote means, either by video or audio conference. In

recognition of the ongoing public health and safety concerns caused by the pandemic, in-person

hearings are postponed, and all hearings will be conducted by remote means (audio or video, in

the discretion of the judicial officer). Prior ¶ 5(c) is renumbered as ¶ 5(d).

Finally, ¶ 7(a)(ii) is amended to clarify that pretrial service coordinators are among the

participants authorized to enter the courthouse to participate in a hearing that has not been

suspended or ordered to be heard remotely.

The full Order and other updates regarding the Coronavirus Disease 2019 (COVID-19) and

court operations are available at [https://www.vermontjudiciary.org/about-vermontjudiciary/covid-19-and-court-operations]

II. PROPOSED RULE AMENDMENT

(NOTE: THE FOLLOWING AMENDMENT HAS BEEN PROPOSED AND HAVE NOT

BEEN APPROVED BY THE SUPREME COURT.)

Proposed Order Amending V.R.C.P. 80.1(f)

The proposed amendment to Rule 80.1(f) updates a cross-reference to the provision of the Civil

Rules setting forth the appropriate procedure to be followed in proceedings by default against a

minor or incompetent defendant.

By virtue of an amendment of V.R.C.P. 55 promulgated November 5, 2019, effective January 6,

2020, the relevant provisions of former V.R.C.P. 55(b) are now incorporated in V.R.C.P. 55(c).

The amended language refers to V.R.C.P. 55(c)(1), which carries forward former V.R.C.P.

55(b)(1) in revised form, setting forth specific requirements regarding representation for minor or

incompetent parties, with the added requirement of an affidavit as to the movant’s knowledge of

the age and competency of the party.

Comments on this proposed amendment should be sent by February 8, 2021, to Allan Keyes,

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

Allan Keyes, Esq., Chair

Advisory Committee on the Rules of Civil Procedure

ark@rsclaw.com

III. MISCELLANEOUS

a. Odyssey, Electronic Filing, and Other Important Information

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

began using Odyssey on September 1, and electronic filing through Odyssey File & Serve began

in these courts on October 19. 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.

For technical support regarding Odyssey File & Serve, please contact Tyler Technologies at 800-

297-5377 or efiling.support@tylertech.com

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.

For technical support regarding the Public Portal, please contact the Vermont Judiciary’s

HelpDesk at Jud.helpdesk@vermont.gov. When emailing, please write “Public Portal” in the

subject line.

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

questions and updates about the project.

Efiling Training Opportunities

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.

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.