Vt. Memo to the Bar, June 25, 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 Rule Amendment, Important Notice to All Attorneys Licensed in

Vermont, Appellate Remote Argument Survey, Odyssey File and Serve and Public

Portal Information, Filing of Exhibits & Other Miscellaneous Info

DATE: June 25, 2021

To ensure you continue to receive these emails, please add JUD.AttyLicensing@vermont.gov

and JUD.CAOMemotoBar@vermont.gov to your Safe Senders list.

For your information, please find:

• AO 49 Amendment – Declaration of Judicial Emergency and Changes to Court Procedures 6-25-21

• Important Notice to All Attorneys Licensed in Vermont

• Appellate Remote Argument Survey

• Odyssey File and Serve and Public Portal Information

• Filing of Exhibits

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 6-25-21

This Order was promulgated June 25, 2021; 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.

This amendment to Administrative Order 49 responds to the high vaccination rate in Vermont,

and the corollary low COVID-19 infection rates. It reflects a significant step in the direction of a

return to “normal.” At the same time, the Court is aware that significant numbers of Vermonters

remain unvaccinated, and vulnerable individuals remain at risk. Because many individuals do not

choose to be engaged in judicial proceedings, because court proceedings often require people to

remain in close proximity to others for extended periods of time, and because some Judiciary

buildings do not have the air-handling capacity to accommodate large groups of people consistent

with public health guidance, some continued changes in Judiciary operations are in order. In

addition, some of the changes the Judiciary has adopted during this Judicial Emergency are worth

sustaining beyond the course of the COVID-19 pandemic.

The amendment extends this Administrative Order until September 7, 2021, but the extension

does not imply that every provision in this iteration of Administrative Order 49 will remain in

place until that time. The Court will continue to amend the Order as necessary to adapt to ever-

changing conditions. Extending this Administrative Order will enable the Judiciary to transition in

an orderly way to a “new normal,” making permanent, with or without alterations, some of the

rules and practices adopted during this Judicial Emergency.

Paragraph 3(a) is amended to reflect that the extent to which a plan for jury trials must account

for social distancing may evolve as infection rates continue to drop. New ¶ 3(c) is added to allow

prospective and seated jurors to use devices when authorized by the court during a remote jury

trial.

The amendment deletes expired portions of ¶ 5(d) of the Administrative Order relating to

mandatory hearings, which are now obsolete.

New ¶ 5(e) directs the Special Advisory Committee for Remote Hearings to make

recommendations to the respective divisional rules committees for permanent rule changes to the

rules governing remote participation in court proceedings. Remote proceedings will continue to

be a critical part of court operations beyond this Judicial Emergency, and our rules and processes

must evolve to reflect that fact.

New ¶ 6(g) directs the Advisory Committee on the Rules of Civil Procedure to propose a

permanent rule change to authorize non-efilers to file documents with the courts by email, and to

consider whether a permanent rule amendment relating to electronic service on or by non-filers is

advisable.

The language of former ¶ 7, governing access to court buildings, is replaced effective July 5,

2021. Given the considerations set forth above, including the ongoing limitations in air handling

in some Judiciary spaces, the Court Administrator retains the authority to adopt reasonable

restrictions and requirements regarding public access to Judiciary buildings, including

requirements relating to screening, masks and social distancing.

The amendment to ¶ 13 of Administrative Order 49 relating to court-ordered mediation directs

the relevant rules committees to consider whether changes to their rules relating to remote

participation are warranted in light of the dramatically increased reliance on remote technologies

in the Judiciary, but also in the public at large, over the past year.

Paragraph 14 of Administrative Order 49, which related to work locations, is deleted as no

longer necessary.

Paragraph 15(h) is amended to direct court committees, boards, and commissions to review

their respective rules to determine whether any changes are warranted in light of the experiences

of the last 15 months.

Paragraph 18 of the Administrative Order, which related to the July 2020 bar exam, and

paragraph 19 of the Administrative Order, which deferred the deadline for payment of the lawyer

relicensing fee in 2020, are deleted. Both provisions are now obsolete.

Paragraphs 21 and 22 of the Administrative Order are amended to direct the Advisory

Committee on the Rules of Civil Procedure to consider whether any changes to the civil rules

beyond the duration of ¶¶ 21 and 22 of Administrative Order 49 are warranted in light of federal

statutes and regulations relating to evictions and foreclosures.

The full Order and other updates regarding COVID-19 and court operations are available at

[https://www.vermontjudiciary.org/about-vermont-judiciary/covid-19-and-court-operations]

II. IMPORTANT NOTICE TO ALL ATTORNEYS LICENSED IN VERMONT

Attorney licensing is implementing a new online Attorney Portal that went live on May 17, 2021.

Vermont attorneys will be able to conduct their licensing business, such as requesting certificates

of good standing and submitting a certification of completion of a MCLE makeup plan, through

this Portal. All attorneys must review the Attorney Portal User Guide (especially pages 1 through

7) prior to registering and logging in to the Attorney Portal for the first time, as that Guide

contains important instructions for the first-time use of the Portal.

Attorneys renewing this year must renew their license through the Attorney Portal. (If you

do not recall whether you need to renew your license this year, you can check the list of attorneys

in good standing. You should also have received a reminder email.) If you have not done so

already, please register with the Attorney Portal and verify your bar number as soon as possible.

You should do this even if you are not yet ready to submit the renewal paperwork, which you can

do later (but by no later than July 1).

III. APPELLATE REMOTE ARGUMENT SURVEY

The Supreme Court is interested in feedback from attorneys regarding their experience with and

thoughts on remote appellate oral argument. The Court will use this feedback to inform its

decisions regarding more permanent rules for remote participation in the future for both full-Court

and 3-Justice panel hearings. Please use the link below to participate in the survey.

https://www.surveymonkey.com/r/VNK22RR

IV. ODYSSEY FILE & SERVE AND PUBLIC PORTAL INFORMATION

As of April 1, 2021, there is a new efiling use fee structure for users of Odyssey File & Serve

(OFS). The new per case fee is $14 per filer or firm, payable upon a party’s first filing after April

1, 2021. This replaces the previous $5.25 fee per envelope model. The Judiciary encourages all

practitioners and others interested to learn more at www.vermontjudiciary.org/efiling

Currently, all trial courts, the Environmental Division, and the Judicial Bureau are using Odyssey

and accepting electronic filings through Odyssey File & Serve. 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 You can access user guides through the “User Guides” link

in the “Self Help” window. You can also access docket-specific user guides and a new Frequently

Asked Questions on the judiciary’s website at https://www.vermontjudiciary.org/about-vermontjudiciary/electronic-access/electronic-filing For technical support regarding Odyssey File &

Serve, please contact Tyler Technologies at 800-297-5377 or efiling.support@tylertech.com

If you have procedural questions about OFS, please email the judiciary at

JUD.EFileSupport@vermont.gov

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.

Efiling Training Opportunities

Watch a pre-recorded efiling training webinar from the Vermont Judiciary. 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

Practice setting up your firm and submitting filings. For hands on practice, you can 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.

V. FILING OF EXHIBITS

Per the 2020 Vermont Rules for Electronic Filing, all electronically filed documents (including

exhibit lists and exhibits) must be submitted in PDF format. It is recommended that the exhibit list

be filed in Odyssey File & Serve (OFS) as a “Lead Document” and that any PDF exhibits be filed

as attachments to that exhibit list.

Multimedia files that cannot be converted to PDF format should be submitted by nonelectronic

means on a CD, DVD, or USB flash drive (aka thumb drive) and can be mailed or delivered to the

court. It is recommended that filers indicate this on the exhibit list being filed in OFS. Please note

that while the courts are equipped to view common multimedia formats (such as .mp3, .mp4,

.mpeg, .mov, .wmv files), the filer will have to provide compatible player software if an exhibit is

in a proprietary multimedia format.

Finally, please remember that regardless of how an exhibit is filed, it is the filer’s responsibility

during a hearing to present the exhibits. During remote hearings, this means the filer must either

assure that all witnesses have been provided with the marked exhibits in advance and have them

available to view; or be able to share his or her screen to allow all participants to view the exhibit.

If the exhibit is a video or audio file, the litigant must be prepared to play it during the hearing.

VI. 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). To update changes

in your contact information, please access your attorney account with the Attorney Portal

To ensure you continue to receive these emails, please add JUD.AttyLicensing@vermont.gov

and JUD.CAOMemotoBar@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.

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. This

website works best with Explorer. 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.

Updating information in the Attorney Portal or in eCabinet does not automatically notify the

other. It is your responsibility to update both. If you are a member of the Vermont Bar

Association, you will also need to separately notify the VBA.