Vt. Sup. Ct. Promulgation Order of Aug. 18, 2026: VRFP9(c)

STATE OF VERMONT

VERMONT SUPREME COURT

AUGUST TERM, 2026

Order Promulgating Amendments to Rule 9(c) of the Vermont Rules for Family

Proceedings

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

1. That Rule 9(c) of the Vermont Rules for Family Proceedings be amended as follows (new

matter underlined; deleted matter struck through):

RULE 9. ABUSE PREVENTION

(c) Emergency Relief. Temporary orders may be issued ex parte, without written or oral notice

to defendant or defendant’s attorney, upon motion and affidavit and findings by the court as

required by 15 V.S.A. § 1104. If the court determines that the contents of the affidavit are

insufficient to support the issuance of rule on the request for a temporary order, the court, prior

to making a decision on the motion, may request that the plaintiff provide the court with

additional information regarding the facts alleged in the affidavit. Any additional factual

allegations shall be set forth in a supplemental affidavit.

Reporter’s Notes—2027 Amendment

On October 29, 2025, the Supreme Court promulgated an

amendment to Vermont Rule for Family Proceedings 9(c) to allow

judges to request a plaintiff requesting an ex parte temporary relief

order file an affidavit with additional information related to the

facts alleged in the original affidavit. The amendment became

effective January 1, 2026.

The language is further amended so that the wording is more

neutral. The prior language implied that the facts alleged in the

initial affidavit were insufficient to support the issuance of a

temporary order. The amended language indicates that the judge

has made no decision with respect to either the issuance or denial

of the requested temporary order.

2. That this amendment be prescribed and promulgated, effective on January 1, 2027. The

Reporter’s Notes are advisory.

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

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

Dated in Chambers at Montpelier, Vermont, this 18th day of August, 2026.

Paul L. Reiber, Chief Justice

Harold E. Eaton, Jr., Associate Justice

____________________________________

Nancy J. Waples, Associate Justice

Signed by the Vermont Supreme Court

Christina Nolan, Associate Justice

____________________________________

Michael Drescher, Associate Justice