Vt. Sup. Ct. Promulgation Order of Aug. 4, 2025: VRCP65(b)(1)

STATE OF VERMONT

VERMONT SUPREME COURT

AUGUST TERM, 2025

Order Promulgating Amendment to Rule 65(b)(1) of the Vermont Rules of Civil Procedure

Pursuant to the Vermont Constitution, Chapter II, § 37, and 12 V.S.A. § 1, it is hereby ordered:

1. That Rule 65(b)(1) of the Vermont Rules of Civil Procedure be amended as follows (new

matter underlined; deleted matter struck through):

RULE 65. INJUNCTIONS

(b) Preliminary Injunction.

(1) Notice. The court may issue a No preliminary injunction only on motion, and after

shall be issued without notice and hearing at a time and place set by the clerk. The

application for preliminary injunction may be included in the complaint or may be made

by motion. The notice of hearing may shall be signed by the clerk, or by the court which

is to hear the matter,. The movant must and shall be served a copy of the notice of hearing

with a copy of the motion upon all parties by the plaintiff in the manner provided by

these rules, with a copy of the application.

Reporter’s Notes—2026 Amendment

Rule 65(b)(1) is amended to eliminate the option to apply for a

preliminary injunction in the complaint without a motion. Use of

this option resulted in inadvertent scheduling delays. The amended

rule requires a motion. This brings an application for preliminary

injunction within the uniform motion practice of Rule 7, under

which a motion is required in applying for a court order, and in

requesting to present evidence. V.R.C.P. 7(b)(1), (6). A motion for

preliminary injunction may be filed and served with the complaint

or filed and served separately.

The amendment brings forward the existing provision that a copy

of the notice of hearing and the motion must be served together

upon all parties in the manner provided by these rules. The

amendment makes other changes for clarity and consistency

intended to be stylistic only.

2. That these amendments be prescribed and promulgated, effective on January 1, 2026. The

Reporter’s Notes are advisory.

3. That the Chief Justice is authorized to report these amendments to the General Assembly in

accordance with the provisions of 12 V.S.A. § 1, as amended.

Dated in Chambers at Montpelier, Vermont, this 4th day of August, 2025.

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Paul L. Reiber, Chief Justice

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Harold E. Eaton, Jr., Associate Justice

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Signed by the Vermont Supreme Court Karen R. Carroll, Associate Justice

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William D. Cohen, Associate Justice

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Nancy J. Waples, Associate Justice