Vt. Super. Ct. Civil Division: Standing Order For Civil Division Cases

VERMONT SUPERIOR COURT CIVIL DIVISION

Caledonia, Essex, Lamoille & Orleans

Units

Pursuant to Rule 43.1 of the Vermont Rules of Civil Procedure, the court

hereby issues this standing order for Civil Division proceedings in the Caledonia,

Essex, Lamoille, and Orleans Units. See V.R.C.P. 43.1(c)(1)(A) and (d)(1)(A).

STANDING ORDER REGARDING REMOTE HEARINGS

1. Any party or attorney may appear in person at any hearing without requesting

permission to do so, unless the Notice of Hearing explicitly notes: “Remote

Only.”

2. An evidentiary hearing is a hearing in which live oral testimony will be taken.

All other hearings are non-evidentiary.

3. Parties, attorneys, and witnesses must appear in person at any evidentiary

hearing that is scheduled to last longer than 1.5 hours, unless the Court’s Notice

of Hearing expressly indicates otherwise.

4. Parties, attorneys, and witnesses must appear in person at jury draws and jury

trials.

5. All remaining hearings will be scheduled for “hybrid” participation by the

Presiding Judge, parties, attorneys, and witnesses. In other words, the

participants may attend in person or through remote means.

6. Any party, attorney, or witness who is participating in a hearing remotely must

do so: (i) through a secure internet connection; (ii) with both a video and an

audio feed; and (iii) from a location that is quiet, devoid of distractions, and

ensures adequate privacy. If a party, attorney, or witness intends to participate

remotely and has a poor internet connection, it is that person’s responsibility to

take appropriate steps to ensure that their connection on the date of the hearing

is reliable. Participation by a party, attorney, or witness who lacks a two-way

visual connection to the hearing will be at the discretion of the Court.

7. Notwithstanding any other provision of this Order, the Court may direct any

party, attorney, or witness to appear in person at any particular hearing by

express direction.

8. This Order and each specific Notice of Hearing is deemed to provide the required

notice to litigants under Vt. R. Civ. P. 43.1(c)(3) and (4) as to the mode of the

hearing.

9. Any motion for an exception from this Order should be filed promptly upon

receipt of a Notice of Hearing. In considering such a motion, the court will be

guided by the factors set forth in Vermont Rule of Civil Procedure 43.1(h).