V.R.E.F. Rule 1

(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.

(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—2020

The new case management system, called Odyssey, will be

implemented in the superior court by rollout in location-by-

location over time. The rule gives the Court Administrator the

authority to determine when units and divisions of the superior

court will implement electronic filing and in what case types. The

Court Administrator must provide at least 30 days’ notice of each

implementation directive to all licensed lawyers in the state and

provide instructions by whatever means deemed appropriate on

how to efile.

These rules apply to filings made on or after the date specified in

the directive of the Court Administrator, whether in existing cases

or in new cases. Cases in the following categories will continue to

use the eCabinet electronic filing system and be governed by the

2010 rules until the new CMS is rolled out in these courts: the

superior court (a) in the civil division for Rutland and Windsor

units commenced on or after January 26, 2011, excluding stalking

and sexual assault actions and small claims actions filed before

January 25, 2016; (b) the civil division of Rutland, Windsor,

Orange, and Addison units with respect to small claims actions

commenced on or after January 25, 2016; (c) the civil division of

Windsor and Rutland counties with respect to small claims appeals

commenced on or after January 25, 2016; and (d) cases in the

Environmental Division, commenced on after January 4, 2016.

Subdivision (e) authorizes the Court Administrator to specify the

date of the implementation of efiling in the judicial bureau and

specify who is required and who is permitted to efile. As with

efiling in the superior court, the directive must be issued at least 30

days before implementation will commence. The method of notice

of the directive is left up to the Court Administrator. The directive

applies both to existing cases and to new cases. These rules will

apply to judicial bureau cases to the extent an issue or requirement

is not covered in a separate rule specifically created for the judicial

bureau or in the Court Administrator’s directive.

Subdivision (f) allows the Court Administrator to authorize

electronic transmission of certain filings into the electronic casefile

by a method other than efiling. This might occur where a filer in

many cases, for example a prosecutor, desires to make bulk filings

of certain documents for many cases and can transmit these filings

in a manner that will be accepted by the judiciary’s electronic

casefile and appear for access as if they were filed through the

efiling system.

Note that the electronic transmission into the judiciary system is

still subject to the requirements of these rules. Thus, each

document filed by this method must: meet the requirements of

Rules 5(b) and 7(a), except the size-limit restriction contained in

Rule 7(a)(2); conform to the signature requirements in Rule 9(a)-

(c); include payment of any required fee that would have been

applicable if the filing had been made through the electronic filing

system; and be served pursuant to Rule 11 if applicable.

Reporter’s Notes—2021 Amendment

Rule 1(b) is amended to make the efiling rules applicable to the

Supreme Court. New subdivision (d) establishes the procedure for

instituting electronic filing in the Supreme Court and actions needed to

instigate efiling. Efiling commences pursuant to these rules when the

Court issues an administrative order. The order must be made with

enough time for the Court Administrator to give at least 30 days’

notice to the Vermont Bar of the Court order and provide instructions

on how to efile. Efiling pursuant to these rules will commence on that

date in all cases open in the Court, including those initiated in the

Court prior to that date, and all cases commenced in the Court

thereafter. This will include cases in which the Supreme Court is

acting under Administrative Order 9, related to lawyer discipline,

disability, or competency, even though it is reviewing action by a

Professional Responsibility Board hearing panel where efiling has not

been implemented. As in the trial courts, efiling will be mandatory

pursuant to Rule 3(a) unless an exception applies pursuant to Rule

3(b)-(d).

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).