Vt. Sup. Ct. Promulgation Order of Feb. 10, 2026: VREF1(g),2(h),3,5(d),6(c)

STATE OF VERMONT

VERMONT SUPREME COURT

FEBRUARY TERM, 2026

Order Promulgating Amendments to Rules 1, 2(h), 3, 5(d), and 6(c)

of the 2020 Vermont Rules for Electronic Filing

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

1. That Rule 1 of the 2020 Vermont Rules for Electronic Filing be amended as follows (new

matter underlined; deleted struck through):

RULE 1. TITLE; APPLICABILITY; EFFECTIVE DATES

(a) Title. These rules may be known and cited as the 2020 Vermont Rules for Electronic Filing.

(b) Scope. These rules apply to all actions and proceedings commenced in the divisions and

units of the superior court authorized by the Court Administrator under subdivision (e), except

for the actions specified in subdivision (c), and to actions and proceedings in the judicial bureau

authorized by the Court Administrator under subdivision (f). These rules also apply to all actions

and proceedings commenced in the Supreme Court on or after the date specified pursuant to

subdivision (d) and in actions and proceedings existing in the Supreme Court on that date.

(c) Exception for Existing Electronic Filing. Electronic filing in effect prior to promulgation

of the 2020 Vermont Rules for Electronic Filing will be conducted under the existing 2010

Vermont Rules for Electronic Filing and according to the applicability provisions of Rule 1(a) of

those rules. When the Court Administrator directs that electronic filing be implemented in a

division, unit, and type of case in which electronic filing is already occurring, the 2020 Vermont

Rules for Electronic Filing will apply to all efiling that occurs after the date specified by the

Court Administrator.

(d) Authorization for Electronic Filing in the Supreme Court. The Supreme Court by

administrative order may direct that electronic filing will go into effect in the Court as of a

specified date. The Court Administrator must send notice by email to all members of the

Vermont Bar of the directive at least 30 days before the specified date and provide instructions

on how to efile under these rules.

(e) Authorization for Electronic Filing in the Superior Court. The Court Administrator may

direct a unit and/or division of the superior court to implement electronic filing in some or all

types of cases as of a specific date. The Court Administrator must send notice by email to all

members of the Vermont Bar of the directive at least 30 days before the implementation date and

provide instructions on how to efile under these rules.

(f) Judicial Bureau. The Court Administrator may direct the judicial bureau to implement

electronic filing as of a specific date. The directive must be issued at least 30 days before the

implementation date. Electronic filing will apply to all cases commenced after the specified date

unless otherwise directed by the Court Administrator. Rule 3 notwithstanding, the directive must

specify those required and permitted to electronically file.

(g) Authorization for Electronic Filing for Hearing Panels of the Professional

Responsibility Board. The Court Administrator may implement electronic filing for hearing

panels of the Professional Responsibility Board as of a specific date. The Court Administrator

must send notice by email to all members of the Vermont Bar of the directive at least 30 days

before the implementation date and provide instructions on how to efile under these rules.

(g h) Authorization of Alternate Form of Electronic Transmission. The Court Administrator

may authorize some or all filings of a specified type of filer in a specified type of case to be

transmitted electronically to the electronic case file.

Reporter’s Notes—2026 Amendment

Rule 1(g) is added to authorize the Court Administrator to

implement efiling for hearing panels of the Professional

Responsibility Board, organized pursuant to Administrative Order

9. Former 1(g) is relettered as 1(h).

2. That Rule 2(h) of the 2020 Vermont Rules for Electronic Filing be amended as follows

(new matter underlined; deleted struck through):

RULE 2. DEFINITIONS

(h) Judicial Officer means a justice, judge, assistant judge, magistrate, judicial bureau hearing

officer, and a person specially assigned as a judge pursuant to 4 V.S.A. § 22, and a member of a

hearing panel assigned under A.O. 9, Rule 13.D(2).

Reporter’s Notes—2026 Amendment

Rule 2(h) is amended to indicate that judicial officer as used in

the rules includes a hearing panel member assigned to adjudicate a

formal proceeding of the Professional Responsibility Board.

3. That Rule 3 of the 2020 Vermont Rules for Electronic Filing be amended as follows (new

matter underlined; deleted struck through):

RULE 3. REQUIRED ELECTRONIC FILINGS; EXCEPTIONS

(a) Electronic Filing Required. Except as provided in (b) and (c), and other provisions of

these rules, all documents filed in a case in the Supreme Court, superior court, or the judicial

bureau, or a hearing panel of the Professional Responsibility Board must be electronically filed

as of the effective date specified by Rule 1.

(b) Nonelectronic Filing Permitted. A document may be nonelectronically filed when:

(1) the filer, who is not filing on behalf of a government agency, is a self-represented

litigant who has not elected to file electronically consistent with subdivision 3(d) in the specific

case;

(2) the filer is a guardian ad litem, is filing pursuant to the duties of that position, and has

not filed electronically in the specific case;

(3) nonelectronic filing of a particular document is permitted by the court to protect

confidentiality or for other good cause;

(4) the document is a nonelectronic stipulation, agreement, or other case document created

or finalized while the parties and/or counsel are present at court premises, in or related to

proceedings, and nonelectronic filing is permitted by the court;

(5) a filer in a particular case is excused from electronic filing in that case by the court

when exceptional circumstances make electronic filing not feasible;

(6) nonelectronic filing is expressly permitted by these rules or an applicable rule of

procedure;

(7) an item cannot reasonably be scanned and filed electronically because of its size, shape,

or condition; or

(8) the electronic filing system is unavailable when the filer seeks to make an electronic

filing, despite reasonable efforts to make a filing or in the case of a preannounced system outage;

. or

(9) the filer is a licensed attorney and is self-represented in a proceeding before a hearing

panel of the Professional Responsibility Board.

(c) Nonelectronic Filing Required. A document must be nonelectronically filed when:

(1) nonelectronic filing is expressly required by these rules, a statute, or an applicable rule

of procedure; or

(2) the court orders a filer to nonelectronically file upon a finding that the filer has abused

the efiling system by repeated filing of irrelevant, abusive, or duplicative documents or

information.

(d) Self-Represented Litigants.

(1) Electing to Efile. Unless ordered otherwise, a self-represented litigant may elect to

electronically file and serve but is not required to do so.

(2) Duration of Electronic Filing in the Superior Court and in Proceeding Before Hearing

Panels of the Professional Responsibility Board. A self-represented litigant who commences

efiling in a case must continue to efile throughout the duration of the case. The self-represented

litigant may discontinue efiling only after obtaining a court order of discontinuance issued for

good cause shown and after notifying all other parties that the litigant will not be efiling in the

future. Efiling by a self-represented litigant does not create an obligation to efile in another case.

(3) Efiling in the Supreme Court. A self-represented litigant who has efiled in a case in the

superior court is presumed to continue to efile on appeal in the Supreme Court. The self-represented litigant may discontinue efiling after giving efiled notice to the Court and serving the

notice on all other parties to the appeal.

(4) Guide and File. A self-represented litigant who prepares and efiles a document through

Guide and File is not required to continue to file electronically in that case as a result of that

filing.

Reporter’s Notes—2026 Amendment

Rule 3(a) is amended to provide that electronic filing is required

in matters before hearing panels of the Professional Responsibility

Board after the effective date provided by the Court Administrator

under Rule 1.

Under new 3(b)(9), a licensed attorney, who is self-represented in

a matter before a hearing panel of the Board is not required to

electronically file.

Rule 3(d)(2) is amended to clarify the process for a self-represented litigant who elects to file before a hearing panel of the

Board and then decides to discontinue efiling.

4. That Rule 5(d) of the 2020 Vermont Rules for Electronic Filing be amended as follows

(new matter underlined):

RULE 5. PROCEDURE FOR ELECTRONIC FILING

(d) Court Staff Processing in the Superior Court and in Proceedings Before Hearing

Panels of the Professional Responsibility Board.

Reporter’s Notes—2026 Amendment

Rule 5(d) is amended to indicate that review of electronic filings

in proceedings before hearing panels of the Professional

Responsibility Board are done in the same manner as those

submitted to superior courts. The filings may be rejected for failure

to comply with the efiling rules, the public access rules, or if there

is an error that cannot be correct by court staff—for example, filing

into the wrong case.

5. That Rule 6(c) of the 2020 Vermont Rules for Electronic Filing be amended as follows

(new matter underlined):

RULE 6. NONELECTRONIC FILINGS

(c) Court Staff Processing in the Superior Court and in Proceedings Before Hearing

Panels of the Professional Responsibility Board.

Reporter’s Notes—2026 Amendment

Rule 6(c) is amended to provide that review of nonelectronic

filings in proceedings before hearing panels of the Professional

Responsibility Board are done in the same manner as those

submitted to the superior courts.

6. That these amendments be prescribed and promulgated, effective on July 1, 2026. The

Reporter’s Notes are advisory.

7. 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 10th day of February, 2026.

____________________________________

Paul L. Reiber, Chief Justice

____________________________________

Harold E. Eaton, Jr., Associate Justice

____________________________________

Nancy J. Waples, Associate Justice

Signed by the Vermont Supreme Court

_______________________________________

Christina E. Nolan, Associate Justice

____________________________________

Michael P. Drescher, Associate Justice