Vt. Memo to the Bar, June 2, 2025

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, Vermont Judiciary Migrating Virtual Hearing

Capabilities, Attorney License Renewal Period, Supreme Court Administrative

Directives, eFile and Serve and Public Portal Information, Filing of Exhibits & Other

Miscellaneous Info

DATE: June 2, 2025

For your information, please find:

• Vermont Judiciary Migrating Virtual Hearing Capabilities

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

• Promulgation Order Amending Rules 2(a), 9(b), 9(c)(7)(D), 11, 12, 13, 15(c), and 20(c) of

the Rules of Admission

• Promulgation Order Making Permanent Amendments to Rule 9.2 of the Vermont Rules of

Civil Procedure

• Proposed Order Amending Rules 10(b)(8)(A) and 31(a)(1) of the Vermont Rules of

Appellate Procedure

• Reminder: Several promulgation orders effective July 1, 2025

• Supreme Court Administrative Directives (Case Disposition Guidelines)

• Attorney License Renewal Period

• eFile & Serve and Public Portal Information

• Filing of Exhibits for Evidentiary Hearing

• Miscellaneous

Vermont Judiciary Migrating Virtual Hearing Capabilities

The Vermont Judiciary is migrating virtual hearing capabilities from Webex to Zoom in calendar

year 2025. Please be on the lookout for additional communication from the Judiciary regarding

migration of individual counties and training sessions. More information can be found at

https://zoom.vtcourts.gov including timelines and documentation about using the Zoom

platform.

I. PROMULGATED RULE AMENDMENTS

a. Promulgation Order Amending Rule 502 of the Vermont Rules of Evidence

https://www.vermontjudiciary.org/PROMULGATED--VRE502--STAMPED

This Order was promulgated on June 2, 2025, effective January 1, 2026.

This 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. The amendment does not affect the rules of professional conduct or otherwise

define what constitutes an attorney-client relationship.

b. Promulgation Order Amending Rules 2(a), 9(b), 9(c)(7)(D), 11, 12, 13, 15(c), and 20(c) of

the Rules of Admission

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

2025OrderAmendingVermontRulesofAdmission2(a)etcSTAMPED

This Order was promulgated on June 2, 2025, effective January 1, 2026.

These amendments are intended to encourage new attorneys to stay and practice in Vermont.

The amendment to Rule 2(a)(8) removes the requirement in the catch-all provision that the legal

work must be performed in a jurisdiction in which the applicant is admitted. The amendment to

Rule 9(b)(1) removes the requirement that the UBE exam must be taken no later than 5 years

after an applicant completes the necessary educational requirements. To the Board’s knowledge,

no other jurisdiction has such a rule. The amendment to Rule 9(c)(7)(D) allows an applicant who

is denied admission after achieving a passing score to use that score to satisfy the exam

requirement for admission for up to 5 years. The amendment to Rule 11 removes the good-cause

extension for achieving a passing score on the MPRE within 3 years of passing the UBE.

There are several amendments to Rule 12 concerning CLEs and the mentorship requirement.

Under the changes, applicants may commence their mentorship up to one year prior to

admission to the bar and may count CLEs towards their mentorship hours. This change reflects

the Board’s desire to lessen the post-admission burden to applicants admitted by examination or

transferred UBE score. Rule 12(b) is amended to change the result of a failure to complete the

first-year requirements from suspension to placement on inactive status.

Rule 13, concerning admission by transferred UBE score, is amended in (b)(2) to extend the age

of a qualifying transferred UBE score to 5 years. To conform to the Rule 9 changes, Rule 13(d) is

deleted to remove the five-years-from-graduation requirement. In conjunction with the

amendment to Rule 11, former Rule 13(e) pertaining to the MPRE removes the good-cause

extension. Also, the age of a usable MPRE score is extended to 5 years, to match the age of a

usable UBE score.

The amendment to Rule 15(c) simplifies the language and requires that an attorney admitted

without examination is subject to the post-admission CLE requirement detailed in Rule 12(a)(1).

The amendment to Rule 20(c) allows the Board to extend for good cause the 90-day time limit on

completing an oath of admission, signing the licensing statement, and paying the licensing fee.

c. Promulgation Order Making Permanent Amendments to Rule 9.2 of the Vermont Rules of

Civil Procedure

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

This Order was promulgated on June 2, 2025, effective October 1, 2025.

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. The promulgation order provided that the Rule would expire

September 30, 2025, and directed the Advisory Committee to review the operation of Rule 9.2

and recommend whether to terminate, extend, or revise the rule. V.R.C.P. 9.2(b) enforces the

existing notice requirement in 15 U.S.C. § 9058(c)(1). As such, V.R.C.P. 19.2 is made permanent

and remains in effect.

II. PROPOSED RULE AMENDMENTS

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

APPROVED BY THE SUPREME COURT.)

Proposed Order Amending Rules 10(b)(8)(A) and 31(a)(1) of the Vermont Rules of

Appellate Procedure

https://www.vermontjudiciary.org/PROPOSED-VRAP10(b)(8)(A)and31(a)(1)--

FORCOMMENT

The proposed amendment to V.R.A.P. 10(b)(8) updates a cross reference to V.R.A.P. 24, which

was renumbered in 2021. The proposed amendment to V.R.A.P. 31(a) deletes an obsolete cross

reference to V.R.A.P. 10(c)(2), which was deleted in 2021 after the superior courts ceased using

video-recorded proceedings.

Comments on these proposed amendments should be sent by August 1, 2025, to Bridget Asay,

Esq., Chair of the Advisory Committee on the Rules of Civil Procedure, at the following address:

Bridget Asay, Esq., Chair

Advisory Committee on the Rules of Civil Procedure

basay@stris.com

III. PROMULGATED RULES EFFECTIVE JULY 1, 2025

REMINDER: The following seven Orders, promulgated by the Court over the past several

months, will become effective July 1, 2025:

Promulgation Order Amending Rule 30(b) and (e) of the Vermont Rules of Appellate Procedure

PROMULGATED--VRAP30(b)and(e)--STAMPED.pdf [promulgated 3/7/2025].

The amendment adds Rule 30(e) to state the filing deadlines for a required printed case and any

optional printed case. These deadlines were inadvertently omitted when the requirement of a

printed case was reinstated in 2024. Rule 30(e) provides that the appellant must file a required

printed case, or any optional printed case, when the appellant’s principal brief is filed. The

deadline for an appellee to file any supplemental printed case, formerly in subdivision (b), is

unchanged and is now in subdivision (e). Former subdivision (e), relating to costs of production is

relabeled as (f).

Promulgation Order Amending Rule 6(6) of and Adding Rule 14 to the Rules of Supreme Court

for Disciplinary Control of Judges

PROMULGATED--DisciplinaryControlJudgesRules6(6)andAdding14--STAMPED.pdf [promulgated

3/10/2025]

The amendment to Rule 6(6) imposes two requirements regarding complaints of misconduct or

disability. First, new Rule 6(6)(a) requires that the complaint must contain a concise statement of

facts to support the alleged misconduct or disability. This requirement allows the Board to focus

its attention and resources on colorable complaints. Second, under new Rule 6(6)(b), repetitive

complaints filed by the same complainant and found not be meritorious need not be addressed

by the Board. The Chair or Vice Chair of the Board determines whether a complaint meets the

standard.

The addition of Rule 14 provides a mechanism for the Board to restrict the filing of complaints by

complainants who have abused the procedure. Successive and frivolous complaints strain limited

resources and do not further the purposes of the complaint procedure. The rule is based on a

federal court rule also aimed at curtailing abuse of the complaint procedure.

Promulgation Order Amending Rule 12.D of Administrative Order No. 9, Permanent Rules

Governing Establishment and Operation of the Professional Responsibility Program

PROMULGATED--AO9Rule12D--STAMPED.pdf [promulgated 3/10/2025]

This amendment pertains to review of screening counsel’s decision to dismiss a complaint against

an attorney. The amendment specifies that a complainant must seek review of screening

counsel’s decision within 30 days of the date of the decision. The amendment also provides that

review is on the record.

Promulgation Order Deleting V.R.C.P. 11(e) and amending V.R.C.P. 43(d) and Rule 43(h);

V.R.C.P. 56(c)(1), (2), and (6); and Rule 56(d) and Rule 56(h)

PROMULGATED--VRCP-Deleting11(e)Amending43(d)(h)56(c)(1)(2)(6)(d)(h)--STAMPED.pdf

[promulgated 2/3/2025]

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

Rule 11(e), which authorized use of a declaration in lieu of a statement made under oath, an

affidavit, or a notarized document is deleted. 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 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. Rule 56 is amended to refer to a

“declaration,” an unsworn document signed subject to the penalties of perjury under these rules

or applicable law. Under Rule 56(b)(6), a declaration used to support or oppose a summary

judgment motion must be based on personal knowledge.

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

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

PROMULGATED--

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

[promulgated 2/3/2025]

The 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.

References to the now-abrogated 2010 Vermont Rules for Electronic Filing, which were replaced

with the 2020 Vermont Rules for Electronic Filing, have been deleted.

Promulgation Order Amending § 11(b) of Administrative Order No. 41 (Licensing of Attorneys)

PROMULGATED--AO41Section11(b)--STAMPED.pdf [promulgated 12/16/204]

Administrative Order 41 § 11(b) requires attorneys on pro bono emeritus status to obtain MCLE

credit in ethics. The amendment changes the amount of time from two hours to one to make

§ 11(b) consistent with Rule 3(B)(4) of the Vermont Rules for Mandatory Continuing Legal

Education, which sets the ethics requirement for attorneys on pro bono emeritus status at one

hour.

Promulgation Order Amending Promulgation Order Amending Rules 16.2 and 26(f) of the

Vermont Rules of Civil Procedure

PROMULGATED--VRCP16.2-26(f)--STAMPED.pdf [promulgated 12/16/2024]

The amendments Rule 16.2 on scheduling orders conform the rule to best practice. Under the

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 amendment adds “other appropriate matters” to the list

of contents of a scheduling order. The amended rule also updates and re-organizes the language

of the rule for clarity, without changing the meaning or intent. The amendment to Rule 26(f)

clarifies 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. Rule

26(f) is amended to delete an existing provision about altering or amending a discovery order.

IV. ATTORNEY LICENSE RENEWAL PERIOD

This is a reminder for attorneys due to renew their law license this year. Renewals must be done

through the Attorney Portal.

The deadline for renewing is July 1. Attorneys wishing to change their licensing status for the

2025-2027 reporting period will be able to do so via the renewal process. If you wish to relinquish

your license rather than renew, you can eFile this form prior to the July 1 deadline.

Attorneys can check this list to see if they need to renew this year:

https://www.vermontjudiciary.org/sites/default/files/documents/AttorneyGoodStanding_43.pdf

V. SUPREME COURT ADMINISTRATIVE DIRECTIVES

https://www.vermontjudiciary.org/supreme-court/administrative-directives

The Supreme Court updated the administrative directives regarding disposition guidelines for

various kinds of cases. These are available on the judiciary website.

https://www.vermontjudiciary.org/administrativedirective25

https://www.vermontjudiciary.org/administrativedirective26

https://www.vermontjudiciary.org/administrativedirective30

https://www.vermontjudiciary.org/administrativedirective31

https://www.vermontjudiciary.org/administrativedirective32

https://www.vermontjudiciary.org/administrativedirective34

VI. eFILE & SERVE AND PUBLIC PORTAL INFORMATION

eFile and Serve has 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 eFile and Serve. Please use the following links to access the electronic filing and portal

systems and for more information.

Reminders for eFile Users:

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.

eFile & Serve. eFile and Serve is the platform through which you electronically file with the

courts. To access eFile, 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 eFile, please contact Tyler Technologies at 800-297-5377 or

efiling.support@tylertech.com

If you have procedural questions about eFile, 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.

VII. 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

VIII. 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.

d. Notice of Vacation

Attorneys may notify the superior courts of their vacation schedules by emailing

CentralClerkReview@vtcourts.gov. The information will be available to all trial courts, including

the Probate Division and the Judicial Bureau, for scheduling purposes. Attorneys do not need to

send notices separately to each county or division of the superior court.

If attorneys wish to also notify the Vermont Supreme Court of their vacation schedules, they

should copy supremecourt@vtcourts.gov on the email. Any questions, please

contact centralclerkreview@vtcourts.gov.