Vt. Memo to the Bar, May 6, 2026

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

Miscellaneous Info

DATE: May 6, 2026

For your information, please find:

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

• Proposed Order Amending Rule 32.1 of the Vermont Rules of Criminal Procedure

• Proposed Order Amending Rule 41.1 of the Vermont Rules of Criminal Procedure

• Proposed Order Amending Rule 49 of the Vermont Rules of Criminal Procedure

• eFile & Serve and Public Portal Information

• Filing and Labeling of Exhibits for Evidentiary Hearing

• Miscellaneous

NOTICE: Temporary Unavailability of eFile & Serve, Public Portal, Vermont Digital

Evidence Portal and Attorney Licensing Portal

Due to planned maintenance, from Thursday May 7 at 6:00PM EDT to Friday May 8 at 12:00AM

EDT, the following applications will be unavailable:

o Efile & Serve

o Public Portal

o Vermont Digital Evidence Portal

o Attorney Licensing Portal

We apologize for this temporary inconvenience.

I. PROPOSED RULE AMENDMENTS

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

APPROVED BY THE SUPREME COURT.)

a. Proposed Order Amending Rule 9(c) of the Vermont Rules for Family Proceedings

https://www.vtcourts.gov/PROPOSEDVRFP9cFORCOMMENT

This proposal follows a recent change to Rule 9(c) regarding ex parte temporary orders and

further amends the language to allow a judge to request additional information if the affidavit is

insufficient to rule on the request for a temporary order.

Comments on this proposed amendment should be sent by July 6, 2026, 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

Advisory Committee on the Rules for Family Proceedings

Kerry.McDonald-Cady@vtcourts.gov

b. Proposed Order Amending Rule 32.1 of the Vermont Rules of Criminal Procedure

https://www.vtcourts.gov/PROPOSEDVRCrP321FORCOMMENT

This proposal updates the procedures for revocation and modification of probation with greater

specificity to provide clarity and a consistent process for probationers. New Rule 32.1(a)(1)

addresses initiation of proceedings for violation of probation. Under (a)(1)(A) and (B), the

initiation process is separated into those beginning with a warrant or summons and those based

on emergency arrest. The arrest provision expressly follows 28 V.S.A. § 301. Rule 32.1(a)(1)(C)

sets standards for release on citation. Rule 32.1(a)(2) adopts procedural rules for initial

appearances and release from custody for probationers alleged to have committed a violation of

probation. Rule 32.1(a)(2)(D), regarding preliminary probable cause hearings, adopts the process

of the previous version of this rule with minimal updates to the language. Rule 32.1(a)(3)

concerns the revocation hearing and adapts the language from prior Rule 32.1(a)(2). The

proposed rule incorporates statutory requirements by requiring the State to establish the

violation by a preponderance of the evidence and providing standards for when probation may

be revoked and confinement ordered.

Rule 32.1(b) addresses modification of probation. Rule 32.1(b)(1) requires a hearing as the

default process to modify probation and provides the minimum rights afforded the probationer

for the hearing. Rule 32.1(b)(2) creates a narrow exception where the court need not hold a

hearing to modify probation.

Comments on this proposed amendment should be sent by July 6, 2026, to Hon. John Treadwell,

Chair of the Advisory Committee on Rules of Criminal Procedure, at the following address:

Honorable John Treadwell, Chair

Advisory Committee on Rules of Criminal Procedure

John.Treadwell@vtcourts.gov

c. Proposed Order Amending Rule 41.1 of the Vermont Rules of Criminal Procedure

https://www.vtcourts.gov/PROPOSEDVRCrP411FORCOMMENT

Rule 41.1 concerning nontestimonial identification orders is amended to address orders

regarding children who either are, or may be, the subject of delinquency petitions or criminal

charges. The present proposed amendments serve to update obsolete terminology and add

certain procedural protections for children. The proposed amendments to subdivision (m) are

aimed to provide greater consistency with intervening statutory amendments that have

established Youthful Offender status and expanded age-based jurisdiction of the Family Division

in certain delinquency and Youthful Offender cases. The definition of offense is updated and a

new definition of child is provided.

Subdivision (n) is reorganized into four paragraphs. Rule 41.1(n)(1) prescribes the types of cases

in which nontestimonial identification orders for children may be requested. Paragraph (n)(2)

establishes additional procedural protections for children regarding appointment and presence of

a guardian ad litem and attorney. Paragraph (n)(3) is a nonsubstantive amendment as to the Title

33 chapters that address jurisdiction and procedure in delinquency, Youthful Offender, and

Criminal Division proceedings as to children or youth.

Finally, throughout the rule the word shall is replaced with must, may, or will, where appropriate.

Where changed, the rule clarifies the prior use of shall without intended substantive change.

Comments on these proposed amendments should be sent by July 6, 2026, to Hon. John

Treadwell, Chair of the Advisory Committee on Rules of Criminal Procedure, at the following

address:

Honorable John Treadwell, Chair

Advisory Committee on Rules of Criminal Procedure

John.Treadwell@vtcourts.gov

d. Proposed Order Amending Rule 49 of the Vermont Rules of Criminal Procedure

https://www.vtcourts.gov/PROPOSEDVRCrP49FORCOMMENT

This proposal amends the rule for clarity in three respects. The language is updated from papers

to documents where applicable, the language referring to self-represented defendants is made

uniform, and shall is replaced with must, may, or will, where appropriate. Where changed, the

rule clarifies the prior use of shall and no substantive change is intended.

This rule is substantively amended in paragraph (d)(1) to update the requirements for a proper

signature on written motions, written notices, or similar documents. The proposed update more

closely aligns this rule with the requirements for filings in V.R.C.P. 11.

Comments on this proposed amendment should be sent by July 6, 2026, to Hon. John Treadwell,

Chair of the Advisory Committee on Rules of Criminal Procedure, at the following address:

Honorable John Treadwell, Chair

Advisory Committee on Rules of Criminal Procedure

John.Treadwell@vtcourts.gov

II. 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

There is a new Family Division efiling code for OCS/DOL RISE referrals (pilot for LE and WN courts

currently) - Family Division new e-filing code Motion for RISE review-MRISEREV.

A new electronic filing code is now available for civil case filings: Motion for Partial Summary

Judgment. This filing code is fully tested and available for use by efilers.

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.

III. 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

Exhibit Labeling

Although there is no formal rule governing the labeling of exhibits, it is long-standing practice

that Plaintiff’s exhibits are labeled numerically (e.g., 1, 2, 3) and Defendant’s exhibits are labeled

alphabetically (e.g., A, B, C).

To ensure consistency and to avoid confusion in the record, filers are respectfully requested to

label their exhibits in accordance with this practice.

Additional guidance regarding exhibit labeling and electronic filing procedures is available in the

eFiling Guides published on the Vermont Judiciary website.

IV. 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.

General information on managing login credentials is available Microsoft Word - MANAGING

LOGIN CREDENTIALS v4 4-24

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