Vt. Memo to the Bar, Aug. 12, 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: August 12, 2024

For your information, please find:

• Important Notices

• Promulgation Order Amending Rule 1(i)(2)(B) and (i)(7) of the Vermont Rules for Family

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

Continuing Legal Education

• Promulgation Order Amending Rules 104, 106, 301, 303, 404, 405, 411, 502, 503, 504, 505,

509, 601, 602, 603, 604, 606, 607, 608, 610, 611, 612, 613, 615, 705, 706, 801, 803, 804,

806, 902, 1004, and 1007 of the Vermont Rules of Evidence

• Promulgation Order Amending Rule 15 of the Vermont Rules for Family Proceedings

• Proposed Order Amending Rules 4.1(a)(2) and (3) and 4.3 of the Vermont Rules for Family

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 Rule 1(i)(2)(B) and (i)(7) of the Vermont Rules for Family

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

This Order was promulgated on August 12, 2024, effective January 1, 2025.

The amendments to V.R.F.P. 1(i)(2)(B) and (i)(7) replace outdated terminology. The amendments

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

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

Continuing Legal Education

https://www.vermontjudiciary.org/PROMULGATED-MCLE1(D)and4(A)--STAMPED

This Order was promulgated on August 12, 2024, effective January 1, 2025.

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. Accredited sponsors that are focused on

education for judicial officers must certify for credit the portions of courses or presentations that

meet the requirement that the education will “increase the attendee’s professional competence

and skills as an attorney.” Rule 4(A)

c. Promulgation Order Amending Rules 104, 106, 301, 303, 404, 405, 411, 502, 503, 504, 505,

509, 601, 602, 603, 604, 606, 607, 608, 610, 611, 612, 613, 615, 705, 706, 801, 803, 804, 806,

902, 1004, and 1007 of the Vermont Rules of Evidence

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

VariousAmendmentsToRemoveGenderedPronounsAssumptions--STAMPED

This Order was promulgated on August 12, 2024, effective January 1, 2025.

The amendments remove gendered terms and pronouns and make some small stylistic changes.

d. Promulgation Order Amending Rule 15 of the Vermont Rules for Family Proceedings

https://www.vermontjudiciary.org/PROMULGATED-VRFP15(i)--STAMPED

This Order was promulgated on August 12, 2024, effective January 1, 2025.

The amendment to Rule 15 deletes subdivision (i) requiring inclusion of an eCabinet registration

number. With the advent of the electronic case management system, attorney eCabinet

registration numbers are no longer required to be submitted on filings.

II. PROPOSED RULE AMENDMENTS

(NOTE: THE FOLLOWING AMENDMENTS HAVE BEEN PROPOSED AND HAVE NOT BEEN

APPROVED BY THE SUPREME COURT.)

Proposed Order Amending Rules 4.1(a)(2) and (3) and 4.3 of the Vermont Rules for Family

https://www.vermontjudiciary.org/PROPOSED--VRFP4.1(a)(2)(I),(a)(3)(D)and4.3(g)--

FORCOMMENT

The amendments to Rules 4.1 and 4.3 are in response to legislative changes from 2020 related to

vulnerable noncitizen children. 14 V.S.A. § 3098. The Vermont legislation applies in any court with

jurisdiction over an unmarried individual under the age of 21 and not a citizen of the United States.

In the family division this includes all proceedings governed by Rule 4.1 in which custody of a

noncitizen child is at issue and a petition for special findings has been filed. The Federal

Immigration and Nationality Act (INA), allows a noncitizen youth to file for Special Immigrant

Juvenile Status (SIJS). which if granted, provides a pathway to permanent residency for the child.

The state court has jurisdiction to make findings on the criteria for this status. The proposed

addition of Rule 4.1(a)(2)(I) permits the court to waive service of the petition for special findings as

provided in Rule 4.3(g). Proposed V.R.F.P. 4.1(a)(3)(D) is added to permit the postponement of a

case manager conference in cases where a petition for special findings has been filed until the

court has heard and decided the petition.

Comments on these proposed amendments should be sent by October 14, 2024, to Hon. Kerry

Ann McDonald-Cady, Chair of the Advisory Committee on the Rules for Family Proceedings, at the

following address:

Hon. Kerry Ann McDonald-Cady, Chair

Kerry.McDonald-Cady@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://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.