Vt. Sup. Ct. Promulgation Order of Oct. 6, 2025: VRCP4(c)

STATE OF VERMONT

VERMONT SUPREME COURT

OCTOBER TERM, 2025

Promulgation Order Amending Rule 4(c) 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 4(c) of the Vermont Rules of Civil Procedure be amended as follows (new

matter underlined; deleted matter struck through):

RULE 4. PROCESS

(c) By Whom Served. Service of all process must be made by a sheriff or deputy sheriff, by a

constable or other person authorized by law, or by some an indifferent person specially

appointed for that purpose by a any superior judge., except that But process served by mail under

paragraph (d)(2) or subdivision (f), or notice and request for waiver mailed under subdivision (l),

and a notice and request sent pursuant to subdivision (l) may be mailed deposited in the mail by

the plaintiff or the plaintiff's attorney., A and a subpoena may be served as provided in Rule 45.

Special appointments to serve process must be made freely and promptly on motion without

notice to, or response from, other parties if it appears that service will be more economical or

efficient than service by an officer. when substantial savings in travel fees will result. The

person specially appointed must serve the order of appointment with the documents served.

Reporter’s Notes—2026 Amendment

Rule 4(c) is amended to expedite the special appointment of a

process server. 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

former rule limited special appointments to cases in which

substantial savings in travel fees would result.

This amendment is in response to concerns about service of

process delays due to limited availability of county or municipal

officers. Examples of when alternative process server would be

appropriate include when time is of the essence, or when service by

officer is delayed in a jurisdiction. This remains so although 12

V.S.A. § 691 allows sheriffs and deputy sheriffs to serve process

anywhere within the State, and 24 V.S.A. § 1935 extends the same

authority to municipal police officers.

The motion for a special appointment should provide sufficient

information on the qualifications of the appointee. The court has

discretion to determine whether the proposed process server for

special appointment is suitable and reliable.

The requirement to serve the order of appointment with the other

documents served is an effort to address concerns that the party

being served will recognize the validity of the service.

The amendment also makes changes of style for clarity, with no

intended change of meaning.

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 6th day of October, 2025.

Paul L. Reiber, Chief Justice

Harold E. Eaton, Jr., Associate Justice

William D. Cohen, Associate Justice

Signed by the Vermont Supreme Court

Nancy J. Waples, Associate Justice