Vt. Memo to the Bar, June 3, 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@vtcourts.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: June 3, 2024

For your information, please find:

• Important Notices

• Promulgation Order Amending A.O. 50 (Adding Rutland Unit)

• Promulgation Order Amending A.O. 55

• Promulgation Order Amending Rules 4(c), (d), (e), and (f) of the Vermont Rules of Civil

Procedure

• Promulgation Order Amending Rules2, 9(c)(2) and 10 of the Vermont Rules of Admission to

the Bar of the Vermont Supreme Court

• Promulgation Order Amending Rules 2(c) and 8(c) of the 2020 Vermont Rules for Electronic

Filing

• Proposed Order Amending Rules 16.2 and 26(f) of the Vermont Rules of Civil Procedure

• Proposed Order Amending Rule 80.1(b)(3) of the Vermont Rules of Civil Procedure

IMPORTANT NOTICES:

Judiciary Conversion to New Network

The Judiciary has now converted to a new independent network (separate from the Executive

Branch’s network). All Judiciary staff, judges, and justices have been migrated from a

@vermont.gov address to a @vtcourts.gov email account. Please update your contact lists

accordingly.

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.

Vermont Digital Evidence Portal

Starting June 3, 2024, the Vermont Judiciary is expanding use of the Vermont Digital Evidence

Portal (VDEP) to all court divisions and the Judicial Bureau. VDEP is already being used in the

criminal division. 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.

The VDEP website includes a user guide and recorded training tutorial.

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

If you have any questions, please email itsupport@vtcourts.gov

I. PROMULGATED RULE AMENDMENTS

a. Promulgation Order Amending A.O. 50 (Adding Rutland Unit)

https://www.vermontjudiciary.org/PROMULGATED-AO50amendmentRd--STAMPED

This Order was promulgated on June 3, 2024, effective immediately.

Administrative Order 50, which authorizes a pilot project for service by the Office of Child

Support in certain cases, is amended to expand the project to the Rutland Unit.

b. Promulgation Order Amending A.O. 55

https://www.vermontjudiciary.org/PROMULGATED-AO55Amendment2--STAMPED

This Order was promulgated on June 3, 2024, effective immediately.

Administrative Order 55, § 3 is amended to make VDEP mandatory in all units and divisions of

the superior court.

c. Promulgation Order Amending Rule 4(c), (d), (e), and (f) of the Vermont Rules of Civil

Procedure

https://www.vermontjudiciary.org/PROMULGATED--VRCP4(c)(d)(e)(f)--STAMPED

This Order was promulgated on June 3, 2024, effective January 1, 2025.

The amendments to Rule 4 update its provisions to current practice and terminology. The

amendments to the caption and text of Rule 4(d) and (e) delete the references to “personal” service.

Rule 4(d)(2) is amended to aggregate into a single subdivision the methods of service on the State of

Vermont or any agency or officer thereof. Former Rule 4(f)(2), relating to mail service on an officer

of the state as a statutory process agent, is moved to Rule 4(d)(2). The existing provision of Rule

4(d)(2), for service in false claims actions, is reworded for clarity with no change of meaning

intended. The amendment recaptions Rule 4(f) to “Service by Mail Outside the State.” The text is

reorganized to clarify each step in the mail service process and, in some cases, to modify the

requirements of the existing rule. The amendment to Rule 4(f)(1) clarifies what was implicit in the

original rule, that it applies only to service by mail outside the state. Rule 4(f)(2) changes the

requirement to use “registered or certified mail, with restricted delivery and return receipt requested”

to any mail delivery method that “requires a signature by the addressee or by the agent of the

addressee for receipt of mail.” The amendment to Rule 4(f)(3) clarifies when service by first-class

mail under Rule 4(f) is permitted and how it is completed.

d. Promulgation Order Amending Rules 2, 9(c)(2), and 10 of the Vermont Rules of Admission to

the Bar of the Vermont Supreme Court

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

VermontRulesofAdmissiontoBar2_9(c)(2)10--STAMPED

This Order was promulgated on June 3, 2024, effective January 1, 2025.

Rules 2 and 10 are amended in preparation for the transition to the NextGen bar exam at a future

date. The 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 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 amendments remove former subdivision

10(b) because it referenced the Multistate Bar Examination. Subdivisions (c) and (d) are relabeled

(b) and (c).

The amendments to Rule 9 make the exam application deadlines in Rule 9(c)(2)(A) and (B) two

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

including the possible use of outside experts. The rule change does not become effective until

January 1, 2025. Therefore, the existing exam application deadline in Rule 9(c)(2)(B) of December

1, 2024 remains in effect for the February 2025 exam.

e. Promulgation Order Amending Rules 2(c) and 8(c) of the 2020 Vermont Rules for Electronic

Filing

https://www.vermontjudiciary.org/PROMULGATED-VREF2(c)8(c)--STAMPED

This Order was promulgated on June 3, 2024, effective January 1, 2025.

The amendment to Rule 2(c) clarifies that the electronic case file is limited to the items in the

Judiciary’s electronic case management system.

The amendment to Rule 8(c) addresses digital evidence exhibits that cannot be filed through the

electronic filing system. Electronically filed documents must be in PDF format. See 2020 V.R.E.F.

7(a). Some digital evidence with different file types, such as audio and video files, cannot be

submitted through the electronic filing system or stored in the case management system. This digital

evidence must be submitted to the court through the Vermont Digital Evidence Portal (VDEP) as

provided in Administrative Order 55. However submitted, all exhibits must be listed on the litigant’s

exhibit list and the electronic case record must be updated to reflect whether the exhibit was offered

and admitted.

II. PROPOSED RULE AMENDMENTS

(NOTE: THE FOLLOWING AMENDMENTS HAVE BEEN PROPOSED AND HAVE

NOT BEEN APPROVED BY THE SUPREME COURT.)

a. Proposed Order Amending Rules 16.2 and 26(f) of the Vermont Rules of Civil Procedure

https://www.vermontjudiciary.org/PROPOSED--VRCP16.2-26(f)--FORCOMMENT

The proposed amendments Rule 16.2 on scheduling orders seek to conform the rule to best

practice. Under the proposed changes, a scheduling order may be issued on stipulation of the

parties, without the necessity of a hearing or conference. A date for the close of all discovery is

added to the list of contents of a scheduling order. This conforms to the standard form and is the key

deadline used by clerks in case-flow management. In addition, the proposal adds “other appropriate

matters” to the list of contents of a scheduling order. The proposed rule also updates and re-

organizes the language of the rule for clarity, without changing the meaning or intent.

The proposed amendment to Rule 26(f) states that the plan and schedule for discovery to be

established following a Rule 26(f) discovery conference will be a scheduling order under Rule 16.2

and that, if Rule16.3 requires mediation, the discovery conference order must include a date for

completion of mediation.

Comments on these proposed amendments should be sent by August 3, 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 Rule 80.1(b)(3) of the Vermont Rules of Civil Procedure

https://www.vermontjudiciary.org/PROPOSED--VRCP80.1(b)(3)--FORCOMMENT

The proposed amendment to Rule 80.1(b)(3) requires service of a blank Foreclosure Verified

Answer form and a blank Notice of Appearance form. Rule 4(b) already requires service of blank

answer and notice of appearance forms. Rule 80.1(c) requires that the answer in a foreclosure case

be verified to avoid default. The proposed amendment specifies that the answer form served be a

verified answer form conforming substantially to the form approved by the Court Administrator for

use in foreclosure.

Comments on this proposed amendment should be sent by August 3, 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

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://portal.vtcourts.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.