Vt. Memo to the Bar, Dec. 4, 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: Proposed Rules, List of Promulgated Rules Effective January 1, 2026, eFile and

Serve and Public Portal Information, Filing of Exhibits & Other Miscellaneous Info

DATE: December 4, 2025

For your information, please find:

• Proposed Order Amending Rule 60(c) of the Vermont Rules of Probate Procedure

• List of Promulgated Rules Effective January 1, 2026

• eFile & Serve and Public Portal Information

• Filing of Exhibits for Evidentiary Hearing

• Miscellaneous

I. PROPOSED RULE AMENDMENTS

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

APPROVED BY THE SUPREME COURT.)

Proposed Order Amending Rule 60(c) of the Vermont Rules of Probate Procedure

https://www.vermontjudiciary.org/PROPOSED--VRPP60c--FORCOMMENT

Rule 60(c) is amended to replace the word “served” with “filed” to clarify that the time deadline

applies to filing with the court. This word change is also consistent with the triggering action for

the time deadline for a motion to alter or amend in V.R.C.P. 59(e).

Comments on this proposed amendment should be sent by February 4, 2026, to Hon. Kathryn

Kennedy, Chair of the Advisory Committee on the Rules of Probate Procedure, at the following

address:

Hon. Kathryn A.C. Kennedy

Kathryn.Kennedy@vtcourts.gov

II. PROMULGATED RULES EFFECTIVE JANUARY 1, 2026

REMINDER: The following 17 Orders, promulgated by the Court over the past several months,

will become effective January 1, 2026:

Order Promulgating Emergency Amendment to Rule 80.3(g) of the Vermont Rules of Probate

Procedure

PROMULGATED-EmergencyAmendmentVRPP80.3--FORCOMMENT.pdf [promulgated 10/6/2025].

Rule 80.3(g) is amended to correct cross references from paragraphs (a)(4) and (5) to (a)(5) and (6).

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

Procedure

PROMULGATED-VRAP10(b)(8)(A)and31(a)(1)--STAMPED.pdf [promulgated 10/6/2025].

The 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

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.

Promulgation Order Making Emergency Permanent and Further Amending Rule 4.2(e) of the

Vermont Rules for Family Proceedings

PROMULGATED--VRFP4.2(e)MakingEmergencyPermanentandFurtherAmending--STAMPED.pdf

[promulgated 10/29/2025].

Rule 4.2(e) was amended in November 2024 on an emergency basis to streamline the change of venue for post-

judgment motions in divorce matters. Those amendments are now permanent. Under the emergency rule, if neither

party resides in the county where the most-recent order was amended and the filer affirms that that the filer is still a

resident of Vermont, venue shifts to the filer’s county of residence. The rule is further amended to indicate that this

venue change is automatic unless the filing party requests otherwise.

Promulgation Order Amending Rule 9(c) of the Vermont Rules for Family Proceedings

PROMULGATED--VRFP9(c)--STAMPED.pdf [promulgated 10/29/2025].

Rule 9(c) regarding emergency relief in abuse-prevention proceedings is amended as follows. First, references to

“district and superior” judges and “family court” are deleted as outdated. Second, the amendment allows a court to

request a supplemental affidavit.

Promulgation Order Amending Rule 9(d) of the 2020 Vermont Rules for Electronic Filing

PROMULGATED-VREF9(d)--STAMPED.pdf [promulgated 10/6/2025].

The amendments to Rule 9(d)(1), (d)(1)(B), and (d)(2) are to align the rule language more closely with current

practice. The rule previously allowed electronic signatures to be used on “court-generated” documents. Courts and

court personnel may electronically sign documents, such as proposed orders, that are not generated by the court.

Promulgation Order Amending Rule 106 of the Vermont Rules of Evidence

PROMULGATED--VRE106--STAMPED.pdf [promulgated 10/29/2025]

The amendment follows a similar amendment to the Federal Rules of Evidence, and clarifies that, in situations where

fairness requires completion, completing statements are admissible over a hearsay objection.

Promulgation Order Amending Rule 54(a) of the Vermont Rules of Probate Procedure

PROMULGATED--VRPP54(a)--STAMPED.pdf [promulgated 10/6/2025].

Rule 54(a) is amended to provide a list of decrees and orders in the probate division that are appealable.

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

PROMULGATED-VRCP4(c)--STAMPED.pdf [promulgated 10/6/2025].

Rule 4(c) is amended to expedite the special appointment of a process server in response to concerns about delayed

service of process due to limited availability of county officers. The rule now aligns with 12 V.S.A. § 731, which

authorizes special appointment if it appears that service will be more economical or efficient than service by an

officer. The amended rule requires service of the appointment order with the other documents to address concerns

that the party being served will recognize the validity of the service.

Promulgation Order Amending A.O. 9, Rules 2, 5, 6.C and D, and 12 (Permanent Rules

Governing Establishment and Operation of the Professional Responsibility Program)

PROMULGATED--AO9Rules2,5,6.C.D.and12--STAMPED.pdf [promulgated 10/6/2025].

In 2021, the Court amended A.O. 9 to create the Bar Assistance Program. The amendments included removing Bar

Counsel from the process by which disciplinary complaints are screened based on a recommendation from the

Professional Responsibility Board. The amendments return the screening function to Bar Counsel to provide

consistency in screening and guidance, and ensure an active nondisciplinary, dispute-resolution process remains a

critical component of regulation.

Promulgation Order Amending Rule 17(f) of the Vermont Rules for Family Proceedings

PROMULGATED-VRFP17(f)--STAMPED.pdf [promulgated 8/4/2025].

The amendment to Rule 17(f) of the Vermont Rules for Family Proceedings adds Abuse Maltreatment Prevention for

Vulnerable Adults as a proceeding where participation can be either in person or remote unless a court orders

participation by a particular method.

Promulgation Order Amending Rule 65(b)(1) of the Vermont Rules of Civil Procedure

PROMULGATED-VRCP65(b)(1)--STAMPED.pdf [promulgated 8/4/2025].

The amendment to Rule 65(b)(1) deletes the option to apply for a preliminary injunction in the complaint without a

motion. Including a motion in the complaint resulted in inadvertent scheduling delays. Under the amended rule, a

motion is required.

Promulgation Order Amending Rule 1(b) of the Vermont Rules for Family Proceedings

PROMULGATED-VRFP1(b)--STAMPED.pdf [promulgated 8/4/2025].

Section 5225(f) of Title 33 authorizes the court to order a child who is the subject of a delinquency petition to abide

by conditions of release pending a merits or disposition hearing. The amendment to Rule 1(b) allows a judicial officer

to set temporary conditions of release prior to a preliminary hearing providing that the judicial officer has found

probable cause and has determined that conditions are necessary to prevent bodily injury to the juvenile or another

person or harm to property. The threshold finding for issuance of temporary conditions prior to the preliminary

hearing parallels the language in V.R.Cr.P. 4(c)(1)(D).

Promulgation Order Adding Rule 19 to the Vermont Rules for Family Proceedings

PROMULGATED-VRFP19Added--STAMPED.pdf [promulgated 8/4/2025].

Rule 19 is added to provide rules of procedure for obtaining an Extreme Risk Protection Order (ERPO) in accordance

with 13 V.S.A. §§ 4051-4061. Rule 19(a) specifies that the rules of civil procedure apply to ERPO proceedings with

certain exceptions and modifications. Rule 19(b) specifies who may file an ERPO petition. Rule 19(c) sets forth the

required allegations for an ERPO petition consistent with 13 V.S.A. § 4053(c). Rule 19(d) permits the issuance of

temporary ex parte orders without notice to the respondent upon motion and affidavit in accordance with 13 V.S.A.

§ 4054(a)-(b). Rule 19(e) requires that if a petition is denied, the reasons for the denial must be recorded in writing

and given to the petitioner. Rule 19(f) outlines the process for the substitution of a state’s attorney and the

transmission of all court documents in the case when a petition is filed by a family or household member. Rule 19(g)

addresses the procedure for voluntary dismissals by the prosecutor prior to a hearing on the ERPO petition. Rule

19(h) addresses the requirements for ERPO orders issued by the court. Rule 19(i) permits the issuance of ex parte

orders by electronic means. Rule 19(j) sets forth the procedures for termination motions filed by respondents.

V.R.F.P. 19(k) sets the procedure for renewal motions.

Promulgation Order Amending Rule 3.4 of the Vermont Code of Judicial Conduct

PROMULGATED--CodeofJudicialConductRule3.4--STAMPED.pdf [promulgated 7/8/2025].

The amendment to Rule 3.4 is to explicitly allow a judge to participate on a volunteer fire department or rescue

squad.

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

PROMULGATED--

2025OrderAmendingVermontRulesofAdmission2(a),9(b),9(c)(7)(D),11,12,13,15(c)and20(c)--

STAMPED_0.pdf [promulgated 6/2/2025].

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.

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. 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.

Promulgation Order Amending Rule 502 of the Vermont Rules of Evidence

PROMULGATED--VRE502--STAMPED.pdf [promulgated 6/2/2025].

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.

Promulgation Order Amending Rule 3(a) and (b)(3) of the Vermont Rules of Probate Procedure

[promulgated 5/6/2025].

PROMULGATED--VRPP3(a)and(b)(3)--STAMPED.pdf

Rule 3(a) is amended to provide reference to the alternatives to notice to all interested persons outlined in

paragraphs (b)(2) and (3). Rule 3(b)(3) is amended to make it consistent with 14 V.S.A. § 107, which enables the court

to allow a petition if all the heirs at law and surviving spouse consent. Consent is not required of all other interested

persons.

III. eFILE & SERVE AND PUBLIC PORTAL INFORMATION

eFile & Serve. eFile and Serve is the platform to electronically file with all Vermont courts.

https://vermont.tylertech.cloud/OfsWeb/Home

Access user guides through the “User Guides” link in the “Self Help” window and Frequently

Asked Questions on the judiciary’s website at www.vermontjudiciary.org/efiling

Fees. Select the party you represent as the “person responsible for fees” in the fee section of the

filing process. Do not select more than one party or you will incur an additional efiling user fee.

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

Email Notification. If you are not receiving email notifications, see the information on the

suppression list Why was my email placed on the Suppression List? – eFile (zendesk.com). To

ensure proper delivery, please “safelist” your email

https://odysseyfileandserve.zendesk.com/hc/en-us/articles/360046887411.

Vermont Judiciary Public Portal. The Public Portal allows you to view case files.

https://portal.vtcourts.gov/Portal

Registration is required for elevated access. The Public Portal User Guide contains instructions on

how to register and request elevated access.

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

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 and are available on the judiciary website

https://www.vermontjudiciary.org/court-forms

To report any form question or concern use the feedback form on the website

http://www.vermontjudiciary.org/website-feedback-form

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, including hearing notices and orders, to

attorneys by email using the email addresses registered in 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 eFile & 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.

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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.

e. Vermont Judiciary Migrating Virtual Hearing Capabilities

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

Supreme Court has fully transitioned and is using Zoom for remote hearings. More information

on participating in remote hearings can be found at Participating in Remote Hearings | Vermont

Judiciary

f. Standard Practices Feedback Form

The Judiciary Standard Practices Committee works to improve operations by developing

standard business practices throughout all divisions and units in the state. The committee invites

members of the bar to provide input through its Feedback and Suggestions Form, available on the

Committee’s webpage https://www.vermontjudiciary.org/about-vermont-judiciary/boards-and-

committees/standard-practices