Vt. Memo to the Bar, Aug. 19, 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: Vermont Judiciary ePayment Hub, Promulgated & Proposed Rules, eFile and Serve and

Public Portal Information, Filing of Exhibits & Other Miscellaneous Info

DATE: August 19, 2026

For your information, please find:

• New Civil Division Case Type – Tort - 12 V.S.A. § 5797 Deprivation of Constitutional Rights

• Vermont Judiciary ePayment Hub

• Promulgation Order Making Permanent the Emergency Amendment to Rule 80.3(g) of the

Vermont Rules of Probate Procedure

• Promulgation Order Amending Rule 5 of the Vermont Rules for Environmental Court

Proceedings

• Promulgation Order Adding Rule 80.12 and Amending Rule 81(a) of the Vermont Rules of

Civil Procedure

• Promulgation Order Amending Rule 7(a)(7) of the 2020 Vermont Rules for Electronic Filing,

and Rule 32(a)(1)(E) of the Vermont Rules of Appellate Procedure

• Promulgation Order Amending Rule 2(d) of the Vermont Rules for Family Proceedings

• Promulgation Order Amending Rule 4.3(b) of the Vermont Rules for Family Proceedings

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

• Proposed Order Amending Rule 4.1(2)(a) of the Vermont Rules for Family Proceedings

• eFile & Serve and Public Portal Information

• Filing and Labeling of Exhibits for Evidentiary Hearing

• Miscellaneous

New Civil Division Case Type - Tort - 12 V.S.A. § 5797 Deprivation of Constitutional Rights

H.849 was signed into law in April and became effective on July 1, 2026. The legislation adds 12

V.S.A. § 5797, creating a civil cause of action for damages arising from the deprivation of federal

constitutional rights by a government official.

To support this statutory change, a new Civil Division case type has been added in Enterprise

Justice (EJ) and OFS/EFS. For filing and tracking purposes, these matters should be filed using the

following case type:

• Tort - 12 V.S.A. § 5797 Deprivation of Constitutional Rights

This case type was made available for use effective July 1, 2026.

Vermont Judiciary ePayment Hub

The Vermont Judiciary is preparing to change its online payment system for Judicial Bureau fines. A

new site called the Vermont Judiciary ePayment Hub will replace the payment function of the

Public Portal website by autumn of 2026. The Public Portal website will continue to be used for

online access to court records. This change will not impact eFiling processes.

The Vermont Judiciary ePayment Hub will provide court users a safe and easy way to pay fines

online anytime. More information will be announced and posted on the Judiciary website as the

date nears for completion of this transition. If you have any questions, please

contact itsupport@vtcourts.gov

I. PROMULGATED RULES

a. Promulgation Order Making Permanent the Emergency Amendment to Rule 80.3(g) of the

Vermont Rules of Probate Procedure

https://www.vtcourts.gov/PROMULGATEDEmergencyMadePermanentVRPP803gSTAMPED

This Order was promulgated on August 18, 2026; effective immediately.

This order makes permanent an emergency amendment that was made on October 6, 2025,

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

b. Promulgation Order Amending Rule 5 of the Vermont Rules for Environmental Court

Proceedings

https://www.vtcourts.gov/PROMULGATEDVRECP5STAMPED

Rule 5 is amended to mitigate delays experienced in proceedings before the Environmental Division

by requiring that parties file and serve their statement of questions at the same time as filing and

serving the notice of appeal or cross appeal. Under the existing rule, the statement of questions

must be filed 21 days after the notice of appeal is filed. Other changes to the language and

organization are made for ease of reading and clarity.

c. Promulgation Order Adding Rule 80.12 and Amending Rule 81(a) of the Vermont Rules of

Civil Procedure

https://www.vtcourts.gov/PROMULGATEDAddingVRCP8012andAmendingVRCP81aSTAMPED

Rule 80.12 is added to provide procedural rules for post-conviction relief (PCR) proceedings under

13 V.S.A. §§ 7131-7137. The new rule follows the statutory provisions and is intended to make the

procedures and requirements more easily accessible to litigants, who are usually incarcerated and

sometimes self-represented. Although the procedures are derived from the statutory provisions

and consistent with the statutory requirements, some language is updated for clarity.

Rule 80.12(a) delineates the rule’s applicability in accordance with 13 V.S.A. § 7131, which provides

a process for relief for a prisoner “in custody under sentence.” Rule 80.12(a) indicates that to the

extent they are not inconsistent with the statute or this rule, the other civil rules apply; however,

the criminal rules may apply if the civil division accepts a plea or imposes a new sentence pursuant

to the parties’ stipulation or acts in some other manner as a criminal court. Rule 80.12(b) sets forth

the requirements for the content of the petition. The rule requires the petitioner to identify the

case number of the challenged judgment or sentence to assist the court in identifying the judgment

or sentence being challenged. Rule 80.12(c) provides instructions on how to file a petition in

accordance with the statutory requirements. Successive petitions are addressed in new 80.12(d).

Rule 80.12(e) provides that the judge assigned to a petition may not be the same judge who

presided over the original judgment and sentence. Rule 80.12(f) pertains to service of the petition

and the answer, and the victim notification. Rule 80.12(g) allows the court to authorize discovery

for good cause. This provision contains the substance of prior V.R.C.P. 81(a), which allowed

discovery in PCR proceedings by court order for good cause. Rule 80.12(h) sets forth the

requirements for any evidentiary hearing held on a petition. Rule 80.12(i) provides the grounds and

the mechanism for granting relief to petitioner. Under (i)(2), if the parties reach a stipulation and it

is in the interests of justice, the civil division must resolve it if the stipulated relief involves entry of

a plea or an agreed sentence. Under (i)(3), if the civil division finds based on the merits that there is

a basis for relief, it must vacate the challenged judgment and remand the matter to the criminal

division for further proceedings. Rule 80.12(j) provides that the court’s final order on a PCR petition

is appealable to the Supreme Court as provided in 13 V.S.A. § 7135.

Rule 81(a) is amended to remove the reference to proceedings for post-conviction relief under 13

V.S.A. §§ 7131-7137, as the procedures for these proceedings are now addressed in new V.R.C.P.

80.12.

d. Promulgation Order Amending Rule 7(a)(7) of the 2020 Vermont Rules for Electronic Filing,

and Rule 32(a)(1)(E) of the Vermont Rules of Appellate Procedure

https://www.vtcourts.gov/PROMULGATEDVREF7a7andVRAP32a1ESTAMPED

The simultaneous amendments to Efiling Rule 7(a)(7) and Appellate Rule 32(a)(1)(E) are to update

the format requirements for electronic documents based on technical changes to the electronic

filing system. The rules currently preclude electronically filed documents or appellate briefs from

containing embedded hyperlinks or internal bookmarks because these caused format errors that

prevented documents from being properly processed. Due to system changes, it is now permissible

to include internal links, which point to other places within the same document. For example, a link

in the table of contents to a different part of the document. Therefore, the amendment deletes the

restriction against including these internal links. The language of the rest of the rule is clarified to

indicate that external live links to other documents or websites are still not permitted.

e. Promulgation Order Amending Rule 2(d) of the Vermont Rules for Family Proceedings

https://www.vtcourts.gov/PROMULGATEDVRFP2dSTAMPED

The amendment to Rule 2(d) requires parties in CHINS and TPR proceedings to provide notice of an

intent to call a minor child as a fact witness under oath. The rule applies to all child witnesses in the

proceeding not just the child who is the subject of the petition. The amendment further permits

the court to order that special arrangements be made for the testimony in appropriate

circumstances.

f. Promulgation Order Amending Rule 4.3(b) of the Vermont Rules for Family Proceedings

https://www.vtcourts.gov/PROMULGATEDVRFP43bSTAMPED

The amendment to Rule 4.3(b) strikes paragraph (b)(2) related to procedures for establishing wage

withholding of child support and spousal support and replaces it with new paragraphs (2) and (3)

describing the procedures under 15 V.S.A. § 782 and § 783, respectively. While there are some

procedural similarities between the two statutory sections on wage withholding, there are also

some material differences. The former paragraph (2) attempted to blend the procedures together

which resulted in confusion regarding scheduling, the timing of objections, and the requirement

that a hearing be held prior to the issuance of an order in cases where no objection is filed.

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

https://www.vtcourts.gov/PROMULGATEDVRFP9cSTAMPED

This amendment 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.

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 4.1(2)(a) of the Vermont Rules for Family Proceedings

https://www.vtcourts.gov/PROPOSEDVRFP41a2FORCOMMENT

Beginning in August of 2020, the Judiciary and Office of Child Support (OCS) commenced a pilot

project in the Windham and Windsor units designed to explore a means to more efficiently provide

service to defendants in cases filed where OCS was already providing services under Title IV-D of

the Social Security Act. Title IV-D established a Child Support Enforcement Program. See 33 V.S.A.

§4101(a) (designating OCS as agency responsible for Title IV-D in Vermont). The pilot project

expanded and as of January 1, 2026, OCS was effecting service in the cases in which it provides IV-D

services in all units in Vermont. The proposed amendments to V.R.F.P. 4.1 incorporate the

provisions of A.O. 50 into the Vermont Rules for Family Proceedings.

Comments on this proposed amendment should be sent by October 20, 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

Kerry.McDonald-Cady@vtcourts.gov

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 AND LABELING 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.

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.

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

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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