Vt. Memo to the Bar, May 8, 2023

SUPREME COURT OF VERMONT

OFFICE OF THE COURT ADMINISTRATOR

THERESE CORSONES, ESQ. Mailing Address

State Court Administrator Office of the Court Administrator

Therese.Corsones@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: Teri Corsones, Esq., State Court Administrator

RE: Emergency Promulgated & Proposed Rules, Amended Administrative Directive TC-1,

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

Miscellaneous Info

DATE: May 8, 2023

To ensure you continue to receive emails from the judiciary, please add

JUD.AttyLicensing@vermont.gov JUD.CAOMemotoBar@vermont.gov AND

JUD.AutomatedCourtEmail@vermont.gov to your Safe Senders list.

For your information, please find:

• Emergency Promulgation Order Amending V.R.P.P. 80.10(c)(3)

• Proposed Order Amending Rule 40(d)(3) of the Vermont Rules of Probate Procedure

• Proposed Order Amending Rule 5.1 of the Vermont Rules of Probate Procedure

• Proposed Order Amending Rules 47(b) and (c) and 45(d) of the Vermont Rules of Criminal

Procedure

• Proposed Order Amending Rule 14.A of the Administrative Order No. 9

• Amended Court Administrative Directive TC-1

• Odyssey File and Serve and Public Portal Information

• Filing of Exhibits

• Miscellaneous

• Receipt of Court Notices and Orders (eCabinet)

I. PROMULGATED RULE AMENDMENTS

Emergency Promulgation Order Amending V.R.P.P. 80.10(c)(3)

https://www.vermontjudiciary.org/EMERGENCYPROMULGATED--VRPP80.10(c)(3)--STAMPED

This Order was promulgated on May 8, 2023, effective immediately.

Rule 80.10(c), regarding appointment of a guardian ad litem in specified proceedings, was adopted

in 2020. As adopted, it allows a written objection to appointment of a guardian ad litem to be filed

“no less than 7 days after appointment.” The word “more” is substituted for the word “less” to reflect

the original intent of the 2020 amendment, which was to limit the time for objection.

II. PROPOSED RULE AMENDMENTS

(NOTE: THE FOLLOWING AMENDMENTS HAVE BEEN PROPOSED AND HAVE

NOT BEEN APPROVED BY THE SUPREME COURT.)

a. Proposed Order Amending Rule 40(d)(3) of the Vermont Rules of Probate Procedure

https://www.vermontjudiciary.org/PROPOSED-VRPP40(d)(3)--FORCOMMENT

The proposed amendments to Rule 40(d)(3) make the procedure followed regarding motions to

disqualify a probate judge consistent with the procedure followed in the civil and criminal divisions,

which is to refer the matter to the Chief Superior Judge or designee.

Comments on this proposed amendment should be sent by July 10, 2023, 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

b. Proposed Order Amending Rule 5.1 of the Vermont Rules of Probate Procedure

https://www.vermontjudiciary.org/PROPOSED-VRPP5.1--FORCOMMENT

The proposed order amends the service and notice requirements for beneficiaries of a decedent’s

estate or trust even if they have not entered an appearance in the proceeding. The proposed addition

of Rule 5.1(b)(1)(iv) and 5.1(b)(4)(vi) make clear that the fiduciary in an estate or guardianship

proceeding must provide the beneficiaries of the estate and the stated interested parties of the

guardianship with the details of license to sell as set forth in the Report on License. The proposed

amendment also replaces language in the rule referring to “ward” with “person under guardianship.”

Comments on this proposed amendment should be sent by July 10, 2023, 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

c. Proposed Order Amending Rules 47(b) and (c) and 45(d) of the Vermont Rules of Criminal

Procedure

https://www.vermontjudiciary.org/PROPOSED-VRCrP47(b)(c)45(d)--FORCOMMENT

The proposed amendments to Rule 47(b)(1) clarify the motion and motion response provisions of

the criminal rules. The proposed amendments permit the filing of replies and surreplies and set out

the manner and timing of filing. The proposed addition of paragraph 47(b)(2) incorporates the

provisions of former V.R.Cr.P. 45(d), which is deleted, to address the manner and timing of filing of

affidavits accompanying memoranda on motions. The proposed amendment to subdivision 47(c)

provides that the court may state essential findings in writing, as an alternative to statement on the

record, when factual issues are involved in determining a motion.

Comments on these proposed amendments should be sent by July 10, 2023, 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

d. Proposed Order Amending Rule 14.A of the Administrative Order No. 9

(Permanent Rules Governing Establishment and Operation of the Professional

Responsibility Program)

https://www.vermontjudiciary.org/PROPOSED-AO9Rule14A-Amendment-

HearingPanelTerms--FORCOMMENT

The proposed amendment clarifies that if a disciplinary or disability matter is assigned to a hearing

panel before the expiration of a member’s term, a member whose term expires during the matter may

serve to the conclusion of the matter.

Comments on this proposed amendment should be sent by July 10, 2023, to Michael Kennedy,

Bar Counsel, at the following address:

Michael Kennedy, Bar Counsel

Michael.Kennedy@vermont.gov

III. AMENDED COURT ADMINISRATIVE DIRECTIVE TC-1

Health And Safety Protocols For All Vermont Courthouses And Judiciary Facilities

https://www.vermontjudiciary.org/CourtAdministratorAdministrativeDirectiveTC-1

Administrative Order TC-1, regarding health and safety protocols for Vermont Courthouses and

Judiciary facilities, was amended, effective May 1, 2023, to terminate the vast majority of health and

safety protocols related to the COVID-19 pandemic. Under the amended directive, masking remains

optional, and judges retain discretion to modify mitigation measures in a courtroom, including

requiring masks. Signs at the entrances to courthouses request that persons with symptoms of illness

do not enter and provide guidance for participating in hearings in that event. Because all Vermont

courthouses meet applicable HVAC standards, unit plans are no longer required for courthouses.

IV. ODYSSEY FILE & SERVE AND PUBLIC PORTAL INFORMATION

Odyssey File and Serve has recently provided information for court users who are not receiving

email notifications and who question whether their email addresses have mistakenly been placed on

a “Suppression List.” Here’s a link to information in that regard Why was my email placed on the

Suppression List? – eFile (zendesk.com). Here’s another link for court users who wish to have their

email addresses “Safelisted” to ensure proper delivery

https://odysseyfileandserve.zendesk.com/hc/en-us/articles/360046887411.

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.

File & Serve Web Bookmarks: Attorneys should update any File & Serve bookmarks if you have not

done so already to this URL link: https://vermont.tylertech.cloud/OfsWeb/Home. As of April 15th,

2023, old bookmarks will no longer redirect users to the new web address. The site itself remains the

same, but the URL changed due to a Tyler Technology server upgrade.

Reminders for OFS Users:

1) PDFs must be “flattened” prior to efiling through Odyssey File & Serve

With the increased use in electronic signature tools, it is important for OFS filers to

remember that all PDFs must be flattened prior to filing in OFS. In order to eFile a form-

fillable PDF or a PDF that has been electronically signed, you must first save them as a flat

file. Otherwise, the filing will fail and you will need to refile.

Follow the steps below to "flatten" a completed PDF:

1. Open the completed PDF.

2. Right click on document and select Print. NOTE: if document opens in Adobe, Select

File and select Print.

3. Select the PDF printer. (The Adobe PDF printer is installed automatically with Adobe

Acrobat. Numerous free PDF printer

drivers are available for download from the Internet.)

4. Select OK.

5. Specify location to save the printed, "flattened" version of the form.

6. Select Save

2) 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 www.vermontjudiciary.org/efiling

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.

V. FILING OF EXHIBITS FOR EVIDENTIARY HEARING

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

exhibit lists and exhibits) must be submitted in PDF format. The Vermont Judiciary’s website

provides detailed instructions on how to submit exhibits for use at trials and other kinds of

evidentiary hearings. https://www.vermontjudiciary.org/FilersGuidetoExhibitsforHearings

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

c. Receipt of Court Notices and Orders (eCabinet)

The Vermont courts send all court-issued documents (hearing notices, orders, etc.) to attorneys by

email using the email addresses registered in a system called eCabinet. Attorneys may register up to

three email addresses in the system and are responsible for keeping the information updated. The

email address(es) registered in eCabinet are not used for service of documents filed by opposing

parties, which is done through service contacts in Odyssey File & Serve.

To create an eCabinet account or update an existing account, attorneys must contact the Judiciary

helpdesk through one of the methods listed below. Please include your attorney bar license number

in your communication.

• Email JUD.Helpdesk@vermont.gov

• Telephone the Judiciary helpdesk at 802-828-4357

• Use the online form eCabinet Registration/Update (cognitoforms.com)

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.