Vt. Memo to the Bar, Apr. 1, 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: Promulgated and Proposed Rules, Odyssey File and Serve and Public Portal Information,

Filing of Exhibits & Other Miscellaneous Info

DATE: April 1, 2024

IMPORTANT NOTICE: Judiciary Conversion to New Network

The Judiciary is converting to a new independent network (separate from the Executive Branch’s

network). Over the last two months the Judiciary has been migrating staff to the new network on a

courthouse-by-courthouse basis, and we expect to be completed by the middle of April. During this

conversion, Judiciary staff, judges, and justices are migrating from a @vermont.gov address to a

@vtcourts.gov email account. To help facilitate the transition, all email sent to @vermont.gov will

be automatically forwarded to @vtcourts.gov until May 31. Therefore, you can continue to use

@vermont.gov email addresses until everyone in the Judiciary is converted. We will let you know

when this is the case.

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

Attylicensing@vtcourts.gov

CAOMemotoBar@vtcourts.gov and

AutomatedCourtEmail@vtcourts.gov to your Safe Senders list.

Thank you.

For your information, please find:

• Promulgation order Adding 2020 V.R.E.F. 8(d)

• Promulgation Order Amending V.R.A.P. 3(e) and 27(a)(e)

• Promulgation Order Amending V.R.A.P. 28(g)(1)

• Promulgation Order Amending V.R.C.P. 11(a)

• Promulgation Order Amending V.R.S.C.P. 9(b)(2)

• Promulgation Order Adding A.O. 55 – Submission & Storage of Digital Evidence

• Proposed Order Amending M.C.L.E. 1(D) and 4(A)

I. PROMULGATED RULE AMENDMENTS

a. Promulgation Order Adding Rule 8(d) to the 2020 Vermont Rules for Electronic Filing

https://www.vermontjudiciary.org/PROMULGATED-2020VREF8(d)--STAMPED

This Order was promulgated on April 1, 2024, effective July 1, 2024.

Rule 8 is amended to add new subdivision (d), which addresses the manner for filing exhibits

into the electronic filing system. This rule concerns the filing of exhibits related to an evidentiary

hearing and does not address attachments to pleadings or motions, which are covered by Rule 5(g).

The rule change codifies current practice for the efiling of exhibits. The Vermont Judiciary website

contains detailed instructions on how to submit exhibits with an exhibit list as the lead document and

the exhibits as attachments to that lead document. The amended rule requires that each exhibit be

submitted as a separate document instead of as one compiled document. It is important to separate

exhibits into separate files so individual exhibits can be properly tracked and marked as offered or

admitted.

b. Promulgation Order Amending Rules 3(e) and 27(a)(3) of the Vermont Rules of Appellate

Procedure

https://www.vermontjudiciary.org/PROMULGATED-VRAP3(e)27(a)(3)--STAMPED

This Order was promulgated on April 1, 2024, effective July 1, 2024.

Rule 3(e) is amended to make the appellee’s docketing statement optional. In many appeals, the

appellee’s docketing statement is cumulative and not necessary for the Court or parties. Although the

filing is no longer mandatory, as a matter of practice an appellee should consider whether filing one

is useful in a particular case.

Rule 27(b)(3) is amended to allow a reply in support of a motion. This is consistent with the

federal appellate rule, as is the time allowed for the reply—7 days after service of the response

unless otherwise ordered. This amendment does not affect V.R.A.P. 27(b)(1), which allows the

Court to act on a motion for a procedural order without notice to, or response from, other parties.

c. Promulgation Order Amending Rule 28(g)(1) of the Vermont Rules of Appellate Procedure

https://www.vermontjudiciary.org/PROMULGATED-VRAP28(g)(1)--STAMPED

This Order was promulgated on April 1, 2024, effective July 1, 2024.

Rule 28(g)(1) is revised to update its cross-reference to the word-count limits in Rule 32. Former

Rule 32(a)(7) is now (a)(4).

d. Promulgation Order Amending Rule 11(a) of the Vermont Rules of Civil Procedure

https://www.vermontjudiciary.org/PROMULGATED-VRCP11(a)--STAMPED

This Order was promulgated on April 1, 2024, effective July 1, 2024.

Rule 11(a) is amended to require every pleading, written motion, and other document that requires

a signature to include the signer’s telephone number. The primary purpose of this change is to assist

self-represented litigants who wish to contact an opposing attorney by telephone.

e. Promulgation Order Amending Rule 9(b)(2) of the Vermont Rules of Small Claims Procedure

https://www.vermontjudiciary.org/PROMULGATED-VRSCP9(b)(2)--STAMPED

This Order was promulgated on April 1, 2024, effective July 1, 2024.

Rule 9(b)(2) is revised to update its reference to the location of the list of exemptions that formerly

appeared as Form 34 of the Vermont Rules of Civil Procedure.

f. Promulgation Order Adding A.O. 55 – Submission and Storage of Digital Evidence

https://www.vermontjudiciary.org/PROMULGATED-AO55--STAMPED

This Order was promulgated on April 1, 2024; effective immediately.

Administrative Order 55 addresses how litigants are required to submit digital evidence such as

video and audio recordings or high-quality photographs. Files that are not PDFs cannot be submitted

through the Judiciary’s electronic filing system or stored in the electronic case management system.

Traditionally, this evidence was submitted to the court on a physical device, such as a thumb drive or

DVD. These methods presented several challenges, including difficulty accessing the exhibits from

other counties or by the Supreme Court on appeal. VDEP provides a secure online database to store

these exhibits for ready access by all court users. Digital evidence can easily be shared with other

case parties. The Judiciary website contains detailed instructions on how to use VDEP.

https://www.vermontjudiciary.org/about-vermont-judiciary/vermont-digital-evidence-portal

Pursuant to § 3, in all units of the criminal division, attorneys, self-represented parties, and other

case participants are required to upload any digital evidence to VDEP.

All evidence that can be saved as a PDF file (for example, documents and photographs) must

continue to be filed as required by existing procedural rules and the 2020 Vermont Rules for

Electronic Filing.

II. PROPOSED RULE AMENDMENTS

(NOTE: THE FOLLOWING AMENDMENTS HAVE BEEN PROPOSED AND HAVE

NOT BEEN APPROVED BY THE SUPREME COURT.)

Proposed Order Amending Rules 1(D) and 4(A) of the Rules for Mandatory Continuing Legal

Education

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

The amendments to Rules 1(D) and 4(A) clarify that programs for judicial officers generally 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 license must receive approval from the Judiciary Education Committee for credit for

specific judicial education courses, portions of courses, or presentations that are relevant to the

practice of law as well as their judicial office. 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 June 1, 2024, to Andrew Strauss,

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

Andrew Strauss, Licensing Counsel

Andrew.Strauss@vtcourts.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

EFileSupport@vtcourts.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 itsupport@vtcourts.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 itsupport@vtcourts.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.