Vt. Memo to the Bar, Jan. 5, 2021

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 and Proposed Rules, List of Approved Financial Institutions Odyssey

Electronic Filing & Other Miscellaneous Info

DATE: January 5, 2021

For your information, please find:

• Order Promulgating Amendments to Rules 2(a), 7(f), 9(c), 12(a), and 15(c) of the Vermont Rules of

Admission to the Bar of the Vermont Supreme Court

• Proposed Order Amending V.R.C.P. 7 and 56 and abrogating V.R.C.P. 78

• Proposed Order Adding V.R.P.P. 73

• List of Approved Financial Institutions

• Odyssey Electronic Filing & Other Important Info

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

Order Promulgating Amendments to Rules 2(a), 7(f), 9(c), 12(a), and 15(c) of the Vermont

Rules of Admission to the Bar of the Vermont Supreme Court

This Order was promulgated on January 5, 2021; effective March 8, 2021.

Rule 2(a)(6) and (7) are added to broaden the definition of “actively engage in the practice of

law” and specifically allow law professors and qualified arbitrators and mediators to be eligible

for admission without examination. New Rule 2(a)(8) contains a catchall provision.

Rule 7(f) is amended to remove the requirement in former 7(f)(2)(A)(v) that Law Office Study

registrants submit their six-month reports in duplicate, as this is no longer administratively

necessary and places a burden on registrants.

Rule 9(c)(5), which details the eligibility requirements to sit for the UBE prior to graduation, is

amended to require that applicants take the academic instruction necessary to prepare for the UBE

and are approved by their law school to sit for the UBE prior to graduation. The time in which an

early examination applicant must submit proof of graduation is increased to accommodate

applicants who sit for the July bar and graduate at the end of the following fall semester.

Rules 12(a)(1) and 15(c) are amended to make the first-year CLE requirement consistent with

recent changes to the Rules for Mandatory Continuing Legal Education. Specifically, the prior

distinction between live and self-study in 12(a)(1) is replaced with the distinction between

Moderated Programming, Non-Moderated Programming with Interactivity as a Key Component,

and other. Further, the minimum number of hours of programming that is Moderated or Non-Moderated with Interactivity as a Key Component is increased from 6 to 9.

II. PROPOSED RULE AMENDMENT

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

BEEN APPROVED BY THE SUPREME COURT.)

a. Proposed Order Amending V.R.C.P. 7 and 56 and abrogating V.R.C.P. 78

The proposed amendment to V.R.C.P. 7(b) consolidates and modernizes provisions of the civil

rules governing motions. Pertinent provisions of V.R.C.P. 78, which are proposed to be

simultaneously abrogated, are incorporated in this proposed amendment. The proposed

amendment provides a procedure for responding not only to a motion for summary judgment

under V.R.C.P. 56, but to all dispositive motions, including motions to dismiss for untimely

service or filing of the complaint under V.R.C.P. 3, for judgment on a claim or on the pleadings

under V.R.C.P. 12(b) or (c), for judgment as a matter of law under V.R.C.P. 50(a), for default

judgment under V.R.C.P. 55(a), or any other motion that may result in dismissal of all or part of a

claim without trial. The proposal addresses response time, oral argument, and evidentiary

hearings on motions.

Proposed new V.R.C.P. 56(c)(5) states that a reply to a memorandum in opposition to a motion

for summary judgment, as provided in the simultaneous amendment to V.R.C.P. 7(b)(4), is

available.

The proposal abrogates V.R.C.P. 78, which required the Presiding Judge of each superior court

to establish “motion days” at regular intervals. The rule is no longer consistent with practice in the

superior court as currently constituted.

Comments on these proposed amendments should be sent by March 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

b. Proposed Order Adding V.R.P.P. 73

Proposed new Rule 73 is added to implement 14 V.S.A § 118, added by Act 195, Acts of 2017

(Adj. Sess.), § 2, providing for referral of a Probate Division matter to the Civil Division, with the

consent of the Civil Division.

Comments on this proposed amendment should be sent by March 8, 2021, to Hon. Jeffrey

Kilgore, Chair of the Advisory Committee on the Rules of Probate Procedure, at the following

address:

Hon. Jeffrey Kilgore

Jeffrey.Kilgore@vermont.gov

III. LIST OF APPROVED FINANCIAL INSTITUTIONS

Rule 1.15B(a)(1) of the Vermont Rules of Professional Conduct requires lawyers to maintain

their trust accounts only in financial institutions approved by the Professional Responsibility

Board. Financial institutions which have not been so approved may obtain information as to how

to become certified by contacting the Office of Disciplinary Counsel (802) 859-3000. For a

complete list of Approved Financial Institutions, please click on the following link and select

“Attorney Trust Accounts”:

https://www.vermontjudiciary.org/about-vermont-judiciary/boards-and-commitees/professional-

responsibility

IV. Odyssey and Electronic Filing Information

Please find the following important Odyssey File & Serve and Public Portal updates below:

• Serving Documents through Odyssey File & Serve

• Filing into Individual Cases Required

• Templates and Copying Envelopes in Criminal, Juvenile, and Environmental Division

Cases

• Odyssey, Electronic Filing and Other Important Info

a. Serving Documents through Odyssey File & Serve

Odyssey File & Serve provides filers with the ability to electronically serve their filings on

other parties. To use eservice, filers must update the “Filing Type.” The “Filing Type” default

setting is “Efile.” To complete eservice, filers must select “EFileAndServe,” and then select the

parties to be served.

If electronic service is properly selected on the filing, the document itself is served after the

clerk’s review, it is not immediate.

If electronic service is not required, a filer can send a copy of what was filed by adding an email

address in the “Courtesy Copies” field.

b. Efiling into Each Individual Case Required

Efiling into each individual case is required. Users of Odyssey File & Serve must file a pleading

into the specific case related to that pleading. This will ensure that filings are docketed in the

correct cases.

If a pleading includes several case numbers, the efiler must file the pleading into each individual

case listed on the pleading. Court staff will not copy the pleading and file it into the additional

cases on behalf of the filer.

c. Templates and Copying Envelopes in Criminal, Juvenile, and Environmental Division Cases

Efilers who initiate criminal, juvenile delinquency, youthful offender, and environmental civil

citation cases should not use templates for initial filings. Also, when an initial filing is rejected by

the courts in OFS, filers should not copy the rejected envelope when resubmitting the filing.

Using a template to initiate such cases and copying rejected initial filings will cause errors and

result in delayed case processing.

d. Odyssey, Electronic Filing, and Other Important Information

The Vermont Legislature has appropriated CARES Act funds for a grant to Vermont Legal Aid

to cover the cost of the Tyler eFiling use fees though March 31, 2021, to ensure all court users

have timely access to justice as the judicial system resumes operations relying on greater digital

remote online processes to ensure public health and safety after closure due to COVID-19.

During this period, the Tyler eFiling use fee will not be charged to filers but will be charged to the

CARES Act grant to Legal Aid.

The Caledonia, Essex, Franklin, Grand Isle, Lamoille, Orleans, and Washington trial courts will

begin using Odyssey on February 1, 2021, and electronic filing through Odyssey File & Serve is

scheduled to commence approximately 45 days later. Odyssey and electronic filing are already

operational in Addison, Bennington, Chittenden, Orange, Rutland, Windsor, and Windham trial

courts and the Environmental Division 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 OFS, 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 on our website at 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 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.

V. 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 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.