Vt. Memo to the Bar, Jan. 11, 2022

SUPREME COURT OF VERMONT

OFFICE OF THE COURT ADMINISTRATOR

SCOTT GRIFFITH Mailing Address

Interim State Court Administrator Office of the Court Administrator

Scott.Griffith@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: Scott Griffith, Interim State Court Administrator

RE: Promulgated and Proposed Rules, List of Approved Financial Institutions, Odyssey

File and Serve and Public Portal Information, Filing of Exhibits & Other

Miscellaneous Info

DATE: January 11, 2022

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 1-10-22

• Proposed Order Amending V.R.Cr.P. 45(a)(4)(A) and (e)

• Proposed Order Amending V.R.A.P. 25

• Proposed Order Amending 2020 V.R.E.F. 11(c)

• List of Approved Financial Institutions

• Odyssey File and Serve and Public Portal Information

• Filing of Exhibits

• Miscellaneous

I. PROMULGATED RULE AMENDMENTS

AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 1-10-22

This Order was promulgated on January 10, 2022, effective immediately.

The amendment to ¶ 15(f) extends the modification of MCLE requirements for continuing

legal education to the 2020-2022 reporting cycle to account for the ongoing limitations on in-person gatherings as a result of the COVID pandemic.

The full text of Administrative Order 49 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. PROPOSED RULE AMENDMENTS

(NOTE: THE FOLLOWING AMENDMENTS HAVE BEEN PROPOSED AND

HAVE NOT BEEN APPROVED BY THE SUPREME COURT.)

a. Proposed Order Amending V.R.Cr.P. 45(a)(4)(A) and (e)

The proposed amendments to Rule 45 are part of a larger project to update rules regarding

filing and service across all divisions. Proposed amendments to V.R.C.P. 5 regarding email

filing and service are currently out for comment. The proposal was made in response to the

Court’s request in Administrative Order 49, ¶ 6. These provisions are generally applicable in the

criminal division.

The proposed amendment to Rule 45(a)(4)(A) clarifies that when email filing is permitted

email filings are timely when made at any time prior to midnight on the last day specified for

required action. This conforms with a proposed change to V.R.C.P. 6(a)(4), which is currently

out for comment.

The proposal also deletes V.R.Cr.P. 45(e), which allows three additional days for filing after

certain kinds of service. A similar proposal is out for comment to delete the provision from

V.R.C.P. 6(e) and V.R.A.P. 26(c).

As explained in the civil and appellate proposals, deleting this provision is overdue, given the

general simplification of counting time that occurred when the “day is a day” method of counting

was adopted in 2018, and the move to filing through the electronic filing system or by email. All

attorneys (who are required to register and efile), and self-represented parties who elect to are

required to use the electronic filing system for service. Under the proposed amendments to

V.R.C.P. 5, self-represented parties can use email for service. Service by mail is limited. In

these instances, where more time is warranted, courts can respond on a case-by-case basis to

allow parties more time to respond.

Comments on this proposed amendment should be sent by February 14, 2022, to Hon. John

Treadwell, Chair of the Advisory Committee on Rules of Criminal Procedure, at the following

address:

Honorable John Treadwell, Chair

Advisory Committee on Rules of Criminal Procedure

John.Treadwell@vermont.gov

b. Proposed Order Amending V.R.A.P. 25

The proposed amendment to V.R.A.P. 25 is made in conjunction with the proposed

amendments to V.R.C.P. 5 regarding email filing and service. Under the proposal current

V.R.A.P. 25(a)(1) and (2), regarding filing of documents, is deleted. Amended 25(a)(1) instead

states that filing must be made as provided in V.R.C.P. 5(e) and the 2020 Vermont Rules for

Electronic Filing. Incorporating the filing requirements of V.R.C.P. 5(e) will provide consistency

across different dockets and predictability. The service requirements of V.R.C.P. 5 are already

incorporated into the appellate rule.

The proposal also deletes V.R.A.P. 25(a)(2)(B), which previously provided: “A brief or printed

case is timely filed if mailed or delivered to the carrier on or before the last day for filing.”

Given the implementation of electronic filing in the Supreme Court and the concurrent proposals

to allow filing by email, the provision is outdated. To the extent the purpose of the exception for

briefs is to give parties the maximum time to complete their briefs, currently proposed

amendments would expand the deadlines for these filings from 30 to 40 days for an appellant’s

principal brief, from 21 to 30 days for an appellee’s principal brief, and from 7 days to 14 days

for a reply brief. In addition, this special exception to the general rule that filing means filing, not

mailing, is a source of confusion for parties and court staff. Removing the provision is consistent

with ongoing efforts to simplify and clarify time-counting in the rules that began when the “day

is a day” method of counting was adopted in 2018.

Comments on this proposed amendment should be sent by February 14, 2022, 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

c. Proposed Order Amending 2020 V.R.E.F. 11(c)

The proposed amendment to Rule 11(c) would conform the rule to proposed amendments to

V.R.C.P. 5(b)(2)(D), which requires efilers to serve discovery using the electronic filing system,

unless the parties agree on an alternative method of service.

Comments on this proposed amendment should be sent by February 14, 2022, to Hon. John A.

Dooley (Ret.), Chair of the Special Advisory Committee on the Rules for Electronic Filing, at the

following address:

Honorable John A. Dooley, (Ret.), Chair

Advisory Committee on the Rules for Electronic Filing

John.Dooley@vermont.gov

III. LIST OF APPROVED FINANCIAL INSTITUTIONS

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 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

All Superior Courts, including the Environmental Division, the Judicial Bureau, and the Supreme

Court 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.

Attorneys must select the party they represent as the “person responsible for fees” in the Fee

section of the filing process. Additionally, when the attorney represents more than one party,

attorneys should continue to select the same party as the “person responsible for fees”;

otherwise, the attorney will incur an additional efiling use fee.

Odyssey File & Serve. Odyssey File & Serve (OFS) is the platform through which you

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-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

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.