Vt. Sup. Ct. Promulgation Order of Aug. 12, 2025: AO50amendment Cn

STATE OF VERMONT

SUPREME COURT

AUGUST TERM, 2025

Order Promulgating Amendments to Administrative Order No. 50

1. Pursuant to the Vermont Constitution, Chapter II §§ 30 and 37, it is hereby ordered that

Administrative Order No. 50 be amended to read as follows (new matter underlined; deleted

matter struck through):

PILOT PROJECT FOR SERVICE BY OFFICE OF CHILD SUPPORT

§ 1. Policy and Goals.

The judiciary and the Office of Child Support (OCS) have cooperated to explore means to

more efficiently provide service to defendants in cases filed where OCS is providing services

under Title IV-D of the federal Social Security Act, which established a Child Support

Enforcement Program. See 33 V.S.A. § 4101(a) (designating OCS as agency responsible for

Title IV-D). The advent of e-filing provides an opportunity for OCS rather than the court to be

responsible for service in cases where it is providing Title IV-D services, a system that

potentially will effectuate service with much greater efficiency. Thus, in cases in Windham,

Windsor, Caledonia, Orange, Orleans, Franklin, Grand Isle, Lamoille, Essex, Washington,

Bennington, Addison, and Rutland, and Chittenden Units, where efiling has been implemented,

OCS will be required to effect service as detailed in §§ 2 and 3.

§ 2. Suspension of Rule.

In any action filed under Vermont Rule of Family Proceedings 4.1 in Windham, Windsor,

Caledonia, Orange, Orleans, Franklin, Grand Isle, Lamoille, Essex, Washington, Bennington,

Addison, and Rutland, and Chittenden Units, Rule 4.1(a)(2) of the Vermont Rules for Family

Proceedings will be amended to read as follows (deleted matter struck through; new matter

underlined):

RULE 4.1. CASES INVOLVING MINOR CHILDREN

(a) Complaint; Service; Case Management Conference.

(2) Commencing an Action; Service. If either party is or may be obligated to pay child

support to the other party or to the Office of Child Support, the action must be commenced, and

service of process must be made, as provided in this paragraph.

(A) The complaint must be filed and a hearing or case manager’s conference must be

scheduled before the complaint is served.

(B) After filing, the family division clerk will complete a notice of hearing or notice of

case manager’s conference and must attempt to schedule the hearing or case manager’s

conference so that it is held from 45 to 60 days after the summons and complaint were filed,

unless because of unavailability of magistrates, judges, or case managers or because of a

subsequent failure to complete service, it is not practical to do so.

(C) After a hearing or case manager’s conference has been scheduled, prompt service on

the defendant must be made as follows:

(i) by a designated representative of the Office of Child Support (OCS) when OCS is

providing Title IV-D services on a case;

(ii) in all other cases by the clerk, or upon request, the plaintiff’s attorney, must make

prompt service on the defendant.

(D) Service may be made by personally serving the defendant by any method provided in

V.R.C.P. 4(d), (e), or (k) with a summons, complaint, and the notice of hearing or case

manager’s conference signed by the clerk.

(E) In the alternative, the summons, complaint, and notice of hearing or case manager’s

conference may be served by mailing them to the defendant at one or more of the addresses

supplied by the plaintiff or by the defendant or otherwise, by certified mail, return receipt

requested and delivery restricted to the addressee. The plaintiff must pay the expense.

(F) If certified mail is refused by the defendant, the clerk may serve the notice of hearing

or case manager’s conference, summons, and complaint may be served by mailing it to the

defendant by ordinary first-class mail and by certifying that such service has been made. Any

service must be made:

(i) by a designated representative of the Office of Child Support (OCS) when OCS is

providing Title IV-D services on a case;

(ii) in all other cases by the clerk.

(G) Service may be made by publication by order of the court, as provided in V.R.C.P.

4(g).

(H) At any time, service may be made by delivering to the defendant by any method

chosen by the plaintiff the summons and a request that the defendant waive service by any

other method. The summons and request must be accompanied by the complaint, the notice

of hearing or case manager’s conference if applicable, and a waiver of service form. The

defendant must sign and date the waiver of service and return it to the court no later than 21

days from the date the documents were delivered, or 60 days from that date if the documents

and request are delivered to the defendant outside a state or territory of the United States. If

the defendant answers the complaint, the defendant must do so within 21 days of the date that

the defendant signed the waiver or, if the waiver is undated, within 21 days of the date that

the waiver is filed with the court. Failure to comply with a request to waive service may

result in the imposition of costs, including reasonable attorney’s fees, against the defendant

for expenses incurred in effecting service by another means.

§ 3. Service by Email.

Service by OCS under the revised provisions of V.R.F.P. 4.1(a)(2) in § 2 may be made on a

self-represented party by delivering to the self-represented party the summons, complaint, and

notice of hearing or case manager’s conference if applicable by email. This method of service is

only permissible if the self-represented party has completed a notice of appearance form

choosing to be served by email. The form must specify the name of the party electing to be

served by email as well as the party’s email address.

When service is made by email, the following applies:

a) OCS must follow any applicable rules regarding electronic transmission of confidential

documents.

b) Any party wishing to alter the method of service provided under this rule must

immediately notify OCS, the court, and the other party of any relevant change, including changes

in email address.

c) Service by email to an email address provided pursuant to this rule is complete upon

transmission, provided that such service is not effective if the sending party learns that the

attempted service did not reach the receiving party.

d) Any certificate of service filed with the court must indicate the method by which the

document was served. If the document was served by email, the certificate of service should

specify the email address or addresses to which it was sent.

2. That this order as amended will become effective August 25, 2025.

3. That the Chief Justice is authorized to report this amendment to the General Assembly in

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

Dated this 12th day of August, 2025.

Paul L. Reiber, Chief Justice

Harold E. Eaton, Jr., Associate Justice

Karen R. Carroll, Associate Justice

Signed by the Vermont Supreme Court

William D. Cohen, Associate Justice

Nancy J. Waples, Associate Justice