Vt. Memo to the Bar, Dec. 12, 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, Odyssey File and Serve and Public Portal

Information, Filing of Exhibits & Other Miscellaneous Info

DATE: December 12, 2023

For your information, please find:

• Emergency Promulgation Order Replacing Order Promulgating Amendments to Rule 6(a),

(b), and (c) of the Vermont Rules for Public Access to Court Records

• Promulgation Order Making Permanent the Amendments to V.R.S.C.P. 2

• Proposed Order Amending Rule 1(i)(2)(B) of the Vermont Rules for Family Proceedings

• Proposed Order Amending Rules 41.1(b) and (c) of the Vermont Rules of Criminal

Procedure

• Proposed Order Amending Rule 9 (c)(2) of the Vermont Rules of Admission to the Vermont

Bar

• Proposed Order Amending Rules 1(D) and 4(A) of the Vermont Rules for Mandatory

Continuing Legal Education

To ensure that 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. Thank you.

I. PROMULGATED RULE AMENDMENTS

a. Emergency Promulgation Order Replacing Order Promulgating Amendments to Rule 6(a), (b),

and (c) of the Vermont Rules for Public Access to Court Records

https://www.vermontjudiciary.org/PROMULGATED--

EMERGENCYREPLACINGPROMULGATED-VRPACR2567and9--STAMPED

This Order was promulgated on December 11, 2023; effective January 1, 2024.

On October 10, 2023, the Court promulgated amendments to Rules 2, 5, 6, 7, and 9 of the Rules

for Public Access to Court Records, to be effective January 1, 2024. Those amendments included

adding the following second sentence to Rule 6(b): “The exceptions to public access involve a type

of case, a record, information, or a record and part of the information within it, as specified in each

of the exceptions.” Based on comments and after further consideration, the Advisory Committee on

the Rules for Public Access to Court Records concluded that this additional sentence was not

necessary and was confusing, and recommended that the October 10 promulgation order be revised.

The Court promulgated this order to revise the October 10, 2023 promulgation order to amend the

rule without this additional sentence. The rule, as revised, becomes effective on January 1, 2024.

b. Promulgation Order Making Permanent the Amendments to V.R.S.C.P. 2

https://www.vermontjudiciary.org/PROMULGATEDEMERGENCYMADEPERMANENT--

VRSCP2--STAMPED

This Order was promulgated on December 11, 2023; effective immediately.

On August 14, 2023, Rule 2 was amended in an emergency order to conform the rule language to

12 V.S.A. § 5531, which raised the jurisdictional limit of the small claims court to $10,000.00,

except for certain debt collection actions. The emergency amendment is now made permanent.

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 1(i)(2)(B) of the Vermont Rules for Family Proceedings

https://www.vermontjudiciary.org/PROPOSED--VRFP1(i)(2)(B),(i)(7)--FORCOMMENT

The proposed amendments to V.R.F.P. 1(i)(2)(B) replace outdated terminology. The proposed

amendments are not intended to change the range of disabilities covered by the previous

terminology.

Comments on this proposed amendment should be sent by February 12, 2024, to Hon. Thomas

Carlson, Chair of the Advisory Committee on the Rules for Family Proceedings, at the following

address:

Hon. Thomas Carlson, Chair

Thomas.Carlson@vermont.gov

b. Proposed Order Amending Rules 41.1(b) and (c) of the Vermont Rules of Criminal

Procedure

https://www.vermontjudiciary.org/PROPOSED--VRCrP41.1(b)(c)--FORCOMMENT

The proposed amendments to Rules 41.1(b) and (c) make the rule consistent with V.R.Cr.P.

41(d)(4), enabling applications for nontestimonial identification orders to be made by reliable

electronic means, as well as in person, with supporting affidavits sworn to either in person, or by

telephone if the application is by reliable electronic means.

Comments on this proposed amendment should be sent by February 12, 2024, 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

c. Proposed Order Amending Rule 9 (c)(2) of the Vermont Rules of Admission to the Vermont

Bar

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

OrderAmendingRule9(c)(2)VermontRulesofAdmissiontoBar--FORCOMMENT

The proposed amendments make the exam application deadlines in Rule 9(c)(2)(A) two weeks

earlier to allow more time for the Board to process requests for exam accommodations, including the

possible use of outside experts.

Comments on this proposed amendment should be sent by February 12, 2024, to Andrew Strauss,

Licensing Counsel of the Office of Attorney Licensing, at the following address:

Andrew Strauss, Licensing Counsel

Andrew.Strauss@vermont.gov

d. Proposed Order Amending Rules 1(D) and 4(A) of the Vermont Rules for Mandatory

Continuing Legal Education

https://www.vermontjudiciary.org/PROPOSED--MCLE1(D)and4(A)--FORCOMMENT

The proposed amendments to Rules 1(D) and 4(A) clarify that programs for judicial officers do not

qualify for credit as continuing legal education because they are not aimed at increasing or

maintaining an attorney’s professional competence. Individuals who are judicial officers and also

maintain a law practice must maintain legal education separate from judicial education. This is in

keeping with the program standards in Rule 4, which requires programs to be designed “to increase

the attendee’s professional competence and skills as an attorney.” Rule 4(A).

Comments on these proposed amendments should be sent by February 12, 2024, to Andrew

Strauss, Licensing Counsel of the Office of Attorney Licensing, at the following address:

Andrew Strauss, Licensing Counsel

Andrew.Strauss@vermont.gov

III. 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.

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.tylertech.cloud/OfsWeb/Home

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.

IV. 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

V. 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.