Vt. Memo to the Bar, Dec. 20, 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 Amendment

DATE: December 20, 2021

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For your information, please find:

EMERGENCY PROMULGATED RULE AMENDMENT

Emergency Order Amending Rule 5(d) of the Vermont Rules for Electronic Filing

This Order was promulgated on December 20, 2021; effective immediately.

Under the prior language of Rule 5, all electronic filings were reviewed prior to entry into the

Judiciary’s electronic case management system in accordance with the rule’s requirements and

Rule 7 of the Vermont Rules for Public Access to Court Records. Rule 5(d) is amended

following entry of the decision and order of the U.S. District Court for the District of Vermont in

Courthouse News Service, et. al. v. Patricia Gabel, et. al., Case No. 2:21-cv-00132 on November

19, 2021. The amendments comport with new procedures for the processing of the initial civil

complaint, essentially providing for public access to the same, prior to clerk review and

acceptance pursuant to Rule 5(d). The amendments do not alter an electronic filer’s obligations

under Rule 5(b), including compliance with Rule 5(b)(5) and (6).

On Friday, December 10, 2021, initial civil complaints began to be processed so they were

automatically entered in the Judiciary’s electronic case management system without prior staff

review and acceptance. Previously, all electronic filings, including initial complaints and

associated documents in such cases, were reviewed by staff before being entered into the

electronic case management system. Some initial civil complaints are excepted from the

automatic entry, including those in small claims actions, stalking/sexual assault actions, and those

within the original jurisdiction of the Supreme Court, or within the jurisdiction of criminal

division, family division, environmental division, probate division, or the judicial bureau.

The rule amendment is effective immediately given the need to comply in a timely way with the

injunction. The rule amendments will cease to be in effect if the injunction is terminated or

modified.