Vt. Memo to the Bar, Feb. 5, 2024

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: Vermont Digital Evidence Portal (VDEP), Promulgated and Proposed Rules, List of

Approved Financial Institutions, Odyssey File and Serve and Public Portal Information,

Filing of Exhibits & Other Miscellaneous Info

DATE: February 5, 2024

For your information, please find:

• Vermont Digital Evidence Portal (VDEP)

The Vermont Judiciary is expanding the Vermont Digital Evidence Portal (VDEP) to all Criminal

courts beginning February 12, 2024. VDEP is already being used in the Criminal divisions of the

Addison, Bennington, Rutland, Windham, and Windsor courts. The purpose of VDEP is to provide

an efficient and safe method for court users to electronically file digital evidence. Digital evidence

includes audio and video recordings and other non-PDF files. Regular PDF exhibits will continue to

be filed through Odyssey File & Serve.

To prepare attorneys and litigants in these courts, the Vermont Judiciary is holding remote training

sessions on how to use VDEP. There is a session on Wednesday, February 7th from 1:30PM-

2:30PM. For a link to the training, please email the jud.helpdesk@vermont.gov

In addition to the training, you can prepare for the roll out by reviewing the manual and a recorded

training on the Judiciary website: https://www.vermontjudiciary.org/about-vermontjudiciary/vermont-digital-evidence-project

• Order Abrogating Rule 9.3 of the Vermont Rules of Civil Procedure

• Promulgation Order Amending Rule 9.2 of the Vermont Rules of Civil Procedure

• Promulgation Order Amending Rule 7(d), (e) of the Vermont Rules of Probate Procedure

• Promulgation Order Amending Rule 16.1(b), (d) of the Vermont Rules of Probate Procedure

• Proposed Order Amending Rule 28(g)(1) of the Rules of Supreme Court of Appellate

Procedure and Rule 9(b)(2) of the Vermont Rules of Small Claims Procedure

• Proposed Order Amending Rules 2 and 10 of the Vermont Rules of Admission to the Bar of

the Vermont Supreme Court

• List of Approved Financial Institutions

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. Order Abrogating Rule 9.3 of the Vermont Rules of Civil Procedure

https://www.vermontjudiciary.org//PROMULGATED-VRCP9.3Abrogating--STAMPED

This Order was promulgated on February 5, 2024, effective immediately.

Rule 9.3 is abrogated. This rule, entitled “Special Procedures in Certain Home Foreclosures and

Mobile Home Replevin Actions” applied in all one-to-four-unit residential property foreclosure

actions pursuant to 12 V.S.A. §§ 4941 or 4945 and all residential mobile home replevin actions

pursuant to 9A V.S.A. § 9-609. The Rule required notice to certain homeowners who suffered a

financial hardship related to the COVID-19 pandemic of possible help available from the Vermont

Homeowner Assistance Program (VHAP) and allowed a stay of proceedings while the VHAP

processed applications for assistance.

The VHAP closed to new requests for assistance in August 2023, and completed processing of all

pending applications as of January 31, 2024. Because the program is closed, Rule 9.3 is abrogated as

obsolete.

b. Promulgation Order Amending Rule 9.2 of the Vermont Rules of Civil Procedure

https://www.vermontjudiciary.org//PROMULGATED-VRCP9.2--STAMPED

This Order was promulgated on February 5, 2024, effective July 1, 2024.

Rule 9.2(c) is deleted. Rule 9.2(c) provided that the court could take appropriate action when there

was sufficient evidence that a tenant had applied for funds from the Vermont Emergency Rental

Assistance Program (VERAP). VERAP was closed to new applications on October 1, 2022. By

January 1, 2024, all pending applications were processed, and available funds exhausted. Therefore,

Rule 9.2(c) is deleted as obsolete.

c. Promulgation Order Amending Rule 7(d), (e) of the Vermont Rules of Probate Procedure

https://www.vermontjudiciary.org//PROMULGATED-VRPP7(d)(e)--STAMPED

This Order was promulgated on February 5, 2024, effective July 1, 2024.

Rule 7(d) is amended, and Rule 7(e) is added to clarify the procedure for hearings on motions.

Unlike the other divisions, the probate division has developed the practice of requiring written

opposition to many motions in advance of a hearing. If no such objection is received, the probate

division has the option of canceling the hearing and deciding the motion without a hearing.

d. Promulgation Order Amending Rule 16.1(b), (d) of the Vermont Rules of Probate Procedure

https://www.vermontjudiciary.org//PROMULGATED-VRPP16.1(b)(d)--STAMPED

This Order was promulgated on February 5, 2024, effective July 1, 2024.

The amendment to Rule 16.1(b) enables the court to limit the participants in a mediation to a

subset of parties and interested persons who have an interest in the issue being mediated.

The addition of Rule 16.1(d)(2) provides the court and the participants with the options of in-person, remote, or hybrid participation in a mediation. Former (d)(2)-(8) are renumbered (d)(3)-(9).

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 28(g)(1) of the Rules of Supreme Court of Appellate

Procedure and Rule 9(b)(2) of the Vermont Rules of Small Claims Procedure

https://www.vermontjudiciary.org//PROPOSED-VRAP28(g)VRSCP9--FORCOMMENT

The proposed amendment to V.R.C.P. 28(g)(1) updates its cross-reference to the word-count limits

in Rule 32 from former Rule 32(a)(7) to (a)(4).

The proposed amendment to V.R.S.C.P. 9(b)(2) updates its outdated reference to Form 34 of the

Vermont Rules of Civil Procedure. The list of exemptions that appeared in that form are now in a

form approved by the Court Administrator and available on the Judiciary website.

Comments on this proposed amendment should be sent by March 15, 2024, 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

b. Proposed Order Amending Rules 2 and 10 of the Vermont Rules of Admission to the Bar of

the Vermont Supreme Court

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

OrderAmendingRules2and10VermontRulesofAdmissiontoBar--FORCOMMENT

At its January 2024 administrative meeting, the Vermont Supreme Court voted to adopt the

NextGen bar exam as of the July 2027 exam administration. Pursuant to that decision, initial Rule

amendments (to Rules 2 and 10) have been put out for comment. Further Rule amendments will

likely be necessary as the July 2027 exam administration approaches.

The most significant changes from the current UBE to the NextGen exam are the adjustments to

the subject matter, increased skills testing, integration, and the method of delivery. The current UBE

tests fourteen separate subjects. In contrast, the NextGen exam will test just nine “Foundational

Concepts & Principles”—Business Associations, Civil Procedure, Constitutional Law, Contract

Law, Criminal Law, Evidence, Family Law, Real Property, and Torts—and will also test seven

“Foundational Skills”—Legal Research, Legal Writing, Issue Spotting and Analysis, Investigation

and Evaluation, Client Counseling and Advising, Negotiation and Dispute Resolution, and Client

Relationship and Management. The NextGen exam will consist of three, rather than four, three-hour

sessions. Instead of separate MBE, MEE, and MPT sessions, each three-hour session will consist of

two integrated question sets, one MPT-style task that will take approximately 60 minutes, and

approximately 40 multiple-choice questions, although not necessarily in that order. All nine

Foundational Concepts & Principles will appear on each test. Finally, the NextGen exam will be

entirely computer-based. For more information on the NextGen exam, please see

https://nextgenbarexam.ncbex.org/

The proposed amendments to Rule 2 and 10 are in preparation for the adoption of the NextGen bar

exam. The proposed amendments to Rule 2 include deleting former subdivisions (h), (i), and (j),

which contain definitions for “Multistate Bar Examination,” “Multistate Essay Examination,” and

“Multistate Performance Test,” as those will not be stand-alone sections of the NextGen bar exam.

Former (k) through (o) are relabeled (h) to (l). The definition of “Uniform Bar Examination” in

proposed subdivision (l) is amended to include the NextGen exam and to clarify that any mention of

“bar examination” or similar terms refer to the Uniform Bar Examination.

The proposed amendments remove former subdivision 10(b) because it referenced the Multistate

Bar Examination. Subdivisions (c) and (d) are relabeled (b) and (c).

Comments on these proposed amendments should be sent by March 8, 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. 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 jud.attylicensing@vermont.gov

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

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.

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.