Vt. Memo to the Bar, July 14, 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: Emergency Promulgated Rule Amendments, Efiling Appellate Training, Important

Notice to All Attorneys Licensed in Vermont, Odyssey File and Serve and Public

Portal Information, Filing of Exhibits & Other Miscellaneous Info

DATE: July 14, 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:

• Emergency Order Amending V.R.A.P. 1, 3, 4, 5, 5.1, 6, 9, 10, 11, 12, 13, 14, 21, 24, 25, 26, 27, 28, 30, 30.1,

31, 32, 34, 39, 44, 45, 45.1

• Emergency Order Amending 2020 V.R.E.F. 1, 3, 5, 6, 7, and 10

• Administrative Order 51- Efiling in the Supreme Court

• Efiling Appellate Training

• Important Notice to All Attorneys Licensed in Vermont

• 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

a. Emergency Order Amending V.R.A.P. 1, 3, 4, 5, 5.1, 6, 9, 10, 11, 12, 13, 14, 21, 24, 25, 26,

27, 28, 30, 30.1, 31, 32, 34, 39, 44, 45, 45.1

This Order was promulgated July 13, 2021; effective August 17, 2021.

The Vermont Judiciary is transferring to a new internal electronic case management system

(CMS), entitled Odyssey, and at the same time implementing electronic filing through Odyssey

File and Serve (OFS). The CMS and OFS are now being used in the judicial bureau and all the

superior courts. Both the CMS and OFS will go live for the Supreme Court in August 2021. Many

changes to the appellate rules are required to accommodate electronic filing, electronic case files,

and electronic case management. The rule amendments were developed through the work of a

subcommittee, which included members of the civil, family, and criminal rules committees, as

well as a Vermont Bar Association appointee. The rules were reviewed by the Electronic Filing

Rules Committee, the Civil Rules Committee, and the Criminal Rules Committee before being

recommended for promulgation.

In recognition of the move to electronic filing and electronic records, the rules omit the use of

the word “paper” in favor of “document” throughout and remove the requirements to send paper

copies in V.R.A.P. 27, 30, and 31. The rules contain a definition for the Appeal Volume in

V.R.A.P. 1, which is a PDF created by the Supreme Court that complies the PDF documents from

the electronic case file in the superior court. As the courts transition to the CMS, some trial court

cases will partial paper and partial electronic files. The appeal volume contains only the PDF

documents and does not include media files. The rules also update the printed case rule, V.R.A.P.

30, to specify when one is required and when it is optional.

There is a new provision on how to cite to the record in V.R.A.P. 28. The formatting provisions

in V.R.A.P. 27 and 32 are updated for optimal viewing of documents in electronic form. The

changes also clarify where to file documents and when the entry fee is due on appeal, especially

regarding appeals by permission (V.R.A.P. 5, 5.1, and 6). The amendments seek to provide

uniformity by incorporating the requirements for certifying service in the civil and efiling rules in

V.R.A.P. 25.

In addition to the changes related to efiling and electronic case management, the amendments

include some changes to conform the rules to current practice. The rules related to video-recorded

proceedings are deleted because superior court proceedings are all audio-recorded. The proposal

clarifies the rule regarding briefs in a cross-appeal in V.R.A.P. 28, and stipulations to extend the

time for briefing in V.R.A.P. 26. The use of outdated language like “in forma pauperis” and “pro

bono” is omitted from V.R.A.P. 10.

Some amendments provide uniformity with the Rules for Public Access to Court Records. The

changes clarify clerk review at the Supreme Court in V.R.A.P. 25, public access for agency files

on appeal in V.R.A.P. 13, and public access to oral arguments in V.R.A.P. 34.

b. Emergency Order Amending 2020 V.R.E.F. 1, 3, 5, 6, 7, and 10

This Order was promulgated July 13, 2021; effective July 15, 2021.

The efiling rules are amended to make them applicable to the Supreme Court, with limited

exceptions in recognition of different practice at the Supreme Court. New Rule 1(d) establishes

that efiling will commence in the Supreme Court when the Court issues an administrative order.

The order must be made with enough time for the Court Administrator to give at least 30 days’

notice to the Vermont Bar of the Court order and provide instructions on how to efile. As in the

trial courts, efiling will be mandatory pursuant to Rule 3(a) unless an exception applies pursuant

to Rule 3(b)-(d). The amended rules provide for some differences in the Supreme Court. For

example, self-represented litigants may discontinue efiling under Rule 3 by providing notice to

the Supreme Court and the parties in the case, and the required format for motions in Rule 5 is not

as extensive. Clerk review of filings under Rules 5 and 6 is applicable in the Supreme Court, but

filings can be rejected for a limited list of items.

When cases are filed directly with the Supreme Court or appeals are filed to the Supreme Court,

a new case will be initiated, which will trigger the per case per party efiling fee, unless a waiver

applies.

As indicated below, Administrative Order 51 is promulgated simultaneously with these

amendments to authorize efiling in the Supreme Court to begin on August 17, 2021.

c. Administrative Order 51- Efiling in the Supreme Court

This Order was promulgated July 13, 2021; effective July 16, 2021.

Pursuant to 2020 V.R.E.F. 1(d), Administrative Order No. 51 authorizes efiling to commence in

the Supreme Court on August 17, 2021, consistent with the 2020 Vermont Rules for Electronic

Filing, as amended on July 13, 2021.

Information regarding how to efile is available on the judiciary website

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

II. EFILING APPELLATE TRAINING

There will be a remote education session on the changes to the appellate rules and on efiling at the

Supreme Court on Tuesday, August 31, 2021, over the lunch hour. More information on how to

join will be provided closer to the date.

III. 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

are due to renew your license this year but have not, you should have received several reminder

emails. You should register with the Attorney Portal, verify your bar number, and submit your

attorney licensing statement as soon as possible. If you do not do so by August 17, your license

will be subject to administrative suspension.

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.