Vt. Memo to the Bar, Oct. 8, 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: October 8, 2024

For your information, please find:

• Promulgation Order Making Permanent the Emergency Amendments to Rules 17(b) and 20(e)(3) of the

Vermont Rules of Admission to the Bar of the Vermont Supreme

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

• Proposed Order Amending Rule 502 of the Vermont Rules of Evidence

• Proposed Order Amending Rule 5(b)(4)(A) of the Vermont Rules for Environmental Court Proceedings

• Proposed Order Amending Rules 3, 4(a)(2), (d)(6)(A), and (e)(5), 5(a)(2), (b)(1), (c), (f), (h)(1)(A) and (k)(1) of the

Vermont Rules for Environmental Court Proceedings

• Proposed Order Amending Rule 4(c) of the Vermont Rules of Civil Procedure

• Proposed Order to Make Permanent Amendments to Rule 9.2 of the Vermont Rules of Civil Procedure

• Proposed Order Deleting Rule 11(e), Amending Rules 43 and 56 of the Vermont Rules of Civil Procedure

I. PROMULGATED RULE AMENDMENTS

a. Promulgation Order Making Permanent the Emergency Amendments to Rules 17(b) and

20(e)(3) of the Vermont Rules of Admission to the Bar of the Vermont Supreme Court

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

RulesofAdmission17(b)20(e)(3)--STAMPED

This Order promulgated on October 8, 2024, effective immediately, permanently adopts the

amendments promulgated by emergency order on September 13, 2022, effective October 1, 2022.

On an emergency basis in 2022, Rule 17(b) was amended to allow a hearing panel to preside

remotely or to allow or require remote participation and Rule 20(e)(3) was added to permit the

oath of admission to be administered remotely in real time by video.

These emergency amendments are now made permanent.

b. Promulgation Order Amending Rule 80.1(b)(3) of the Vermont Rules of Civil Procedure

https://www.vermontjudiciary.org/PROMULGATED--VRCP80.1(b)(3)--STAMPED

This Order was promulgated on October 8, 2024, effective January 1, 2025.

Rule 80.1(b)(3) is amended to require service of a blank Verified Answer - Foreclosure Case form

and a blank Notice of Appearance for Self-Represented Litigant 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 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 a foreclosure case.

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 502 of the Vermont Rules of Evidence

https://www.vermontjudiciary.org/PROPOSED--VRE502--FORCOMMENT

This proposed amendment to Rule 502 extends an evidentiary privilege to communications

between a client and a lawyer referral and information service made for the purpose of seeking

professional legal services. Nothing about the proposed amendment is intended to affect the rules

of professional conduct or otherwise define what constitutes an attorney-client relationship.

Comments on this proposed amendment should be sent by December 9, 2024, to the Hon.

Dickson Corbett, Esq., Chair of the Advisory Committee on Rules of Evidence, at the following

address:

Hon. Dickson Corbett

Dickson.Corbett@vtcourts.gov

b. Proposed Order Amending Rule 5(b)(4)(A) of the Vermont Rules for Environmental Court

Proceedings

https://www.vermontjudiciary.org/PROPOSED--VRECP5(b)(4)(A)--FORCOMMENT

The proposed amendment to Rule 5(b)(4)(A) requires service of the notice of appeal on the

applicant immediately after the appellant files the notice of appeal and mails a copy to the

municipal panel. The purpose of this proposed amendment is to provide sufficient notice to

applicants and mitigate delay while appellants are in the process of identifying other interested

persons to notify.

Comments on this proposed amendment should be sent by December 9, 2024, to Allan Keyes,

c. Proposed Order Amending Rules 3, 4(a)(2), (d)(6)(A), and (e)(5), 5(a)(2), (b)(1), (c), (f),

(h)(1)(A) and (k)(1) of the Vermont Rules for Environmental Court Proceedings

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

VRECP3,4(a)(2),4(d)(6)(A),4(e)(5),5(a)(2),(b)(1),(c),(f),(h)(1)(A)and(k)(1)--FORCOMMENT

The proposed amendments delete references to the now-abrogated 2010 Vermont Rules for

Electronic Filing, which were replaced with the 2020 Vermont Rules for Electronic Filing.

Comments on these proposed amendments should be sent by December 9, 2024, to Allan Keyes,

d. Proposed Order Amending Rule 4(c) of the Vermont Rules of Civil Procedure

https://www.vermontjudiciary.org/PROPOSED--VRCP4(c)--FORCOMMENT

The proposed amendments to Rule 4(c) emphasize the existing option to seek court approval for

service by an “indifferent person.” The proposed added language adds “good cause” as a reason

for using alternative service and may include the fact that service is often delayed in that county; or

that in a particular case, time is of the essence.

Comments on this proposed amendment should be sent by December 9, 2024, to Allan Keyes,

e. Proposed Order to Make Permanent Amendments to Rule 9.2 of the Vermont Rules of Civil

Procedure

https://www.vermontjudiciary.org/PROPOSED-VRCP9.2MakingPermanent--FORCOMMENT

Rule 9.2 was adopted September 13, 2022, effective October 1, 2022, to effectuate requirements

of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law No. 116-136, 15

U.S.C. § 9058(c)(1). The promulgation order indicated that the rule would expire on September 30,

2025, absent further Court order. Because the CARES Act is now permanent, the proposed rule

recommends the rule also be permanently adopted.

Comments on this proposed amendment should be sent by December 9, 2024, to Allan Keyes,

f. Proposed Order Deleting Rule 11(e) and Amending Rules 43 and 56 of the Vermont Rules of

Civil Procedure

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

Deleting11(e)Amending43(d)(h)56(c)(1),(2),(6),(d)(h)--FORCOMMENT

The proposed amendments involve the use of a declaration in place of an affidavit or notarized

statement. The proposal deletes Rule 11(e), which authorized use of a declaration in lieu of a

statement made under oath, an affidavit, or a notarized document. Rule 11(e) did not apply when

an oath, affidavit, or notarization was required by statute. Amendments to 4 V.S.A. § 27b by 2023,

No. 46, § 4, permit a broadening of the declaration rule. The proposed changes simultaneously

adopt Rule 43(h) and authorize use of a declaration without exception whenever the rules or a

court order require filing or service of an affidavit or a statement signed under oath. The proposal

also amends Rule 56 to refer to a “declaration,” an unsworn document signed subject to the

penalties of perjury under these rules or applicable law. Under proposed Rule 56(b)(6), a

declaration used to support or oppose a summary judgment motion must be based on personal

knowledge.

Comments on these proposed amendments should be sent by December 9, 2024, to Allan Keyes,

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 use Odyssey File & Serve (OFS). Please use the following links to access the 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.