V.R.E.F. Rule 11

(a) Personal Service.

(1) Nonelectronic Service. Whenever personal service is required by rule or statute, or a

specific nonelectronic method is authorized for commencement of an action, the person making

service must do so nonelectronically.

(2) Return of Nonelectronic Service. Any required return of nonelectronic service must be

filed electronically in accordance with Rule 3(a) unless otherwise provided in Rule 3(b) or by the

applicable rules of procedure. A party’s waiver or acceptance of service of original process,

given in accordance with the applicable rules of procedure, must be electronically filed if Rule

3(a) applies.

(b) Service in General. When Rule 11(a)(1) does not apply, the person making service must

do so in accordance with this rule.

(c) Discovery. An efiler must serve discovery requests or responses, which are not required to

be filed with the court, on an efiler using the electronic filing system unless the parties agree on

an alternative method of service.

(d) Service of Electronic Filings Between eFilers.

(1) Service Through Efiling System. Service of electronic filings between efilers must be

effected using the electronic filing system by choosing File and Serve and selecting the party

from the Public List at the time of filing, unless there is an agreement under paragraph (2).

(2) Exception to Service Through Efiling System by Agreement. Electronic filers may agree

on an alternative method of service for a particular document or case if:

(A) the agreement is in writing, is signed by the parties to the agreement, and is clearly

labeled as an agreement for an alternative method of service;

(B) the agreement provides the email addresses for service of each party to the

agreement where service is by email;

(C) the agreement has been filed and served in the electronic filing system using the

service contact of each of the parties to the agreement; and

(D) each filing served pursuant to the agreement is accompanied by a certificate of

service that complies with paragraph (g)(2) of this rule.

(e) Service of Nonelectronic Filings or Service on Nonefiler. Service of a nonelectronically

filed document or on a party who is either not an efiler in the case or has failed to provide service

contacts must be made by the means specified in the applicable rules of procedure.

(f) Notice of Court Orders and Documents. The court will transmit any notice, order, or

other document issued by the court to electronic filers and to parties who are not electronic filers

by mail or electronic means.

(g) Certifying Compliance with Service Requirements.

(1) Certifying Service Using Submission Agreement. All efilers must certify compliance

with service requirements by completing the submission agreement described in paragraph (g)(3)

and contained within the efiling screens. Failure to certify compliance accordingly will prevent

completion of the efiling process.

(2) When Additional Filing of a Certificate of Service Is Required. An efiler must file a

certificate of service complying with V.R.C.P. 5(h) or V.R.P.P. 5(e), as applicable, describing

and certifying service on any of the following persons:

(A) a party who is not required and has not elected to efile in the case;

(B) a party who has failed to provide a service contact; or

(C) a party with whom the efiler has an agreement for an alternative method of service

under paragraph (d)(2).

(3) Content of Submission Agreement for Service. Completion of the submission agreement

is subject to the obligations of V.R.C.P. 11. The submission agreement must provide that for any

filing that must be served, the efiler has either:

(A) completed service by using “File and Serve” and choosing the service contact from

the Public List; or

(B) filed a certificate of service complying with paragraph (2) of this subdivision.

Reporter’s Notes—2020

Rule 11 provides the specifications for service of process and

other documents in a case. Rule 11(a) addresses service where a

rule or statute requires personal service or authorizes a specific

method of service for commencement of an action. Personal

service is defined in Rule 2 and is generally the type of service

required for commencement of an action although it may be

required in other contexts. See Green Mountain Junior Coll. v.

Levine, 120 Vt. 332, 334, 139 A.2d 822, 824 (1958); Personal

Service, Black’s Law Dictionary (10th ed. 2014); see, e.g.,

V.R.C.P. 45(b) (service of a subpoena). As Rule 11(a) of the 2010

Vermont Rules for Electronic Filing itemizes, appeals to the

superior court from administrative agencies or the probate court

commence an action. In specific circumstances, other methods of

service may be authorized for commencement of an action. See,

e.g., V.R.C.P. 4(f), (g), (k). The actions taken to make personal

service or to commence an action generally occur outside the court

and without court involvement until service is completed. At that

point, the party that is commencing the action must file a return of

service or a waiver of a requirement of service. Unless Rule 3(b)

applies, this filing must be electronic.

Discovery requests and responses are generally required to be

served but not to be filed in the court. See, e.g., V.R.C.P. 5(d). In

such a circumstance, Rule 11(c) authorizes the person making the

request or transmitting the response to use the electronic filing

system to make service even though no filing will occur. This is an

authorization, and not a requirement, so any other method of

service authorized by statute or court rule may be used. Rule 11(c)

does not apply where the filer files and serves a document even if

it is related to discovery—for example a certification that

discovery has occurred.

Rule 11(d) provides that the primary method of service of an

electronically filed document between efilers is through the

electronic filing system. Under this method, an efiler submits a

document to the efiling system and then the system transmits to the

other parties a notice that a filing has been made and the method of

viewing that filing. Service by the electronic filing system will

occur only after clerk review and acceptance of the filing. This

means that the date of filing a document may differ from the date a

document is served. The filer has the benefit of the date the

document is submitted to the efiling system under Rule 5(c)(1) but

the receipt of the efiling for purposes of service will not occur until

after the efiling has been accepted by court staff and a notification

sent to the other parties. For paper filings, the date of receipt is the

date of transmission and not the date that the notice is actually

opened by a party. See Coles v. Coles, 2013 VT 36, 193 Vt. 605,

73 A.3d 681 (holding that receipt of filing means time of its arrival

in mailbox, and not when recipient opens mail). Similarly, for an

efiled document, the date of receipt is the date the recipient is

notified that the document is available and not the date the

recipient first views the document.

The requirement to use the electronic filing system to make

service does not prevent service by email or another method if

agreed to by the parties. Service by the electronic filing system will

occur only after clerk review and acceptance of the filing; at times

due to the delay of acceptance because of the volume of filing,

alternative methods will be more timely, but the document served

may need modification as a result of the review. The alternative

method is effective until the system provides notice that the

document is available for viewing. At that time, the required

method of service is complete and controls over the alternative

method. Note that a person may use a supplementary method of

service—for example, service by email—even without agreement

to give immediate actual notice. The service done in this way is not

a substitute for service required by the rule but may supplement

such service.

Under Rule 11(e), service of a nonelectronically filed document

or service on a party who is not an efiler or has not provided

service contacts or service by a person who is not an efiler, must be

done by traditional means as specified in the applicable procedural

rules. Note that Rule 5(b)(7) requires efilers to provide service

contacts at commencement of an action or first appearance and

Rule 4(b)(3) requires efilers to keep service contacts current. It is

possible, however, that an efiler will fail to comply with the

obligation to provide service contacts making it impossible to

serve that efiler through the system. In that case, the efiler must be

served through traditional means. If service contacts are provided,

an efiler may serve to those contacts even if it turns out the

contacts are not current and fail to provide notice.

Although the specific means may be different in the case

management system, the method of service of court notices, orders

or other documents will be essentially the same as the method of

service of party filings. The efiling parties will receive notice of

the court filing with directions on how to view the filing. Parties

who are not efilers will receive notice by traditional means

specified in the applicable rules of service. Rule 11(f).

Rule 11(g) creates a more streamlined method of certifying

completion of service on parties served through the electronic

filing system, while maintaining the certificate of service

requirement established by the applicable rules of procedure if

subdivision (e) applies and one or more parties must be served by

traditional means. If all parties are served through the electronic

filing system, no separate certificate of service is required under

Rule 11(g)(1). If at least one party must be served

nonelectronically, a certificate of service complying with the

applicable rule of procedure must be filed. Rule 11(g)(2);

V.R.C.P. 5(h) (applicable in family, environmental and criminal

cases by cross-reference in the applicable rules); V.R.P.P. 5(e);

V.R.F.P. 2(a)(1), (2) (incorporating V.R.C.P. 5 in CHINS

proceedings), 4.0(a)(2) (divorce and other family proceedings);

V.R.E.C.P. 3(a), 4(a)(2), 4(a)(3); V.R.E.C.P. 5(a)(2); V.R.Cr.P.

49(b), (c).

In either case, the filer must check a box in the electronic filing

system certifying compliance with the rule as required by Rule

11(g)(3). The substance of the certification is also described in

Rule 11(g)(3), although the exact words are not prescribed.

Failure to certify by checking the applicable box will prevent

efiling of the document. Rule 11(g) provides that a filer who

certifies improperly under Rule 3(g)(3) can be subject to sanction

under V.R.C.P. 11(c) in any type of case, even where that sanction

rule would not otherwise apply. This is to ensure that the sanction

regime is common to all types of efilings.

This streamlined system is possible because, with respect to

service on efilers with service contacts, the information necessary

to determine who was served and how service was accomplished

resides in the electronic filing system and can be retrieved. The

availability of this information from a dependable source has

caused the federal judiciary and some state courts to eliminate the

need for any certificate of service in that instance. See F.R.C.P.

5(d)(1)(B); Minn. Gen. R. Prac. 14.05. This rule continues the

certification requirement, albeit in a simplified manner, to make

the filer aware of the service responsibility.

Self-represented litigants must comply with the service

requirements of Rule 11 to the extent they have efiled in a

particular case and triggered the obligations of an efiler.

Reporter’s Notes—2021 Amendment

Rule 11(d) is amended regarding how to serve parties who are

efilers and how to employ any alternate method of service among

efilers. Amended paragraph 11(d)(1) clarifies that service of

electronic filings between efilers must be made using the electronic

filing system by choosing the “File and Serve” function at the time

of filing and selecting the party from the Public List, unless there is

an efiled, written agreement among the parties for alternative

methods of service, consistent with the requirements of amended

paragraph 11(d)(2). Election of the “File and Serve” function

specified in the rule, as necessary to enable the system to complete

the service transmission. Selecting only “File” or using the

“courtesy copy” field to enter opposing party’s email address is not

considered service; courtesy copies are not tracked, and receipt is

not verifiable.

Amended paragraph 11(d)(2) continues to allow agreements

among efilers for alternative methods of service, and further

prescribes the conditions of such agreements. Subparagraph (A)

requires that the agreement must be in writing, signed by the

parties, and clearly labeled as a separate agreement for an

alternative method of service. Under subparagraph (B), the

agreement must provide the email addresses for service of each

party to the agreement where the alternate service method is by

email. Under subparagraph (C), the agreement must be filed and

served in the electronic filing system using the service contact of

each of the parties to the agreement, prior to any service by the

agreed alternative means. And, under subparagraph (D), each filing

served pursuant to the agreement must be accompanied by a

certificate of service that complies with Rule 11(g)(2).

The reference to agreements for a “supplemental” method of

service in the former subparagraph (d)(2) is deleted. Parties are not

precluded from separately providing copies of documents to be

served by other means as a matter of courtesy, or to provide actual

notice of a filing; however, as indicated above, such supplemental

transmission does not comply with required service obligations or

trigger the reply date otherwise available to the responding party

under any applicable rule.

Consistent with existing subdivision (c), service via the

electronic filing system of discovery requests or responses (which

are not required to be filed with the court per V.R.C.P. 5(d))

remains within the election of the serving party, who may choose

to employ alternative means instead consistent with V.R.C.P. 5(b).

Subdivision (g) is amended to clarify certification of compliance

with service requirements in efiling via a submission agreement, as

well as to detail circumstances in which a separate certificate of

service, complying with either V.R.C.P. 5(h) or V.R.P.P. 5(e), is

required. Amended paragraph (g)(1) requires that all efilers must

certify compliance with service requirements in a submission

agreement, as set forth in paragraph (g)(3) and contained in the

efiling process. Where all parties are efilers who are served via the

system File and Serve function, the (g)(3) submission agreement

contemplates the filer’s certification that all parties are efilers with

service contacts, and served through File and Serve, by checking

the indicated submission agreement box. Where not all parties are

efilers, the additional requirement of a certificate of service per

subparagraph (g)(2) applies. A failure to make the certification will

prevent the efiling from occurring, since the efiler will be

precluded from advancing beyond this step.

Amended paragraph (g)(2) addresses the efiler’s obligation to

file an additional certificate of service, apart from the required

submission agreement certification. An additional certificate of

service, complying with V.R.C.P. 5(h) or V.R.P.P. 5(e) as

applicable, is required when serving: (A) a party who is not

required to efile and has not elected to efile; (B) a party who has

failed to provide a service contact; or (C) a party with whom the

efiler has an agreement for an alternative method of service under

subparagraph (d)(2).

Where multiple documents are simultaneously filed and served

and subparagraph (g)(2) is applicable, one certificate of service

referencing them all may be filed as an attachment, in the same

efiling “envelope,” in the manner authorized by V.R.C.P. 5(h) and

V.R.P.P. 5(e).

Revised paragraph (g)(3) prescribes the content of the required

submission agreement certification as to service. The certification

details that, for any filing that must be served, the efiler has

included a certificate of service complying with paragraph (g)(2),

and that any remaining parties have service contacts and have been

served through the system File and Serve function. The

certification of the submission agreement is subject to the

obligations of V.R.C.P. 11 (as was the case with the service

certification requirement of the former paragraph (g)(3)).

The amended paragraph (g)(3) refers to “any filing that must be

served,” meaning that authorized ex parte filings are not subject to

the service certification requirement (although post-filing service

requirements may be governed by the specific requirements of an

applicable procedural rule, then invoking the service and

certification requirements of Rule 11).

Reporter’s Notes—2022 Amendment

Rule 11(c) is amended to conform to simultaneous amendment of

Rule 5(b)(2)(D) of the Vermont Rules of Civil Procedure, which

requires efilers to serve discovery using the electronic filing

system, unless the parties agree on an alternative method of

service. Alternatives and agreements authorized for such service

are as stated in the latter rule as amended and accompanying

Reporter’s Notes.

Reporter’s Notes—2026 Amendment

Rule 11(f) is amended to conform to current practice. When first

enacted, Rule 11(f) indicated that all electronic filers would receive

transmission of court notices, orders, and other documents through

electronic means. Due to technical constraints, the automated

electronic notice through the case-management system is available

only for attorneys and not for self-represented litigants who choose

to electronically file. In general, courts send official notices of

court orders, calendars, and other documents to self-represented

litigants using regular mail. To alleviate confusion and provide

flexibility, the subdivision is amended to simply indicate that the

court will transmit notices and orders to all parties and that the

method may vary.