V.R.E.F. Rule 12

(a) Official Record. If an electronic version of a document exists in the electronic case

management system, it is the official record regardless of whether the document was

electronically filed or nonelectronically filed and converted to electronic form.

(b) Maintaining Nonelectronic Document. Unless otherwise provided, the court is not

required to maintain a nonelectronically filed paper document after it has been converted to

electronic form.

(c) Exception for Nonelectronic Documents Which Must be Retained by Law.

Notwithstanding 12(b), where required by statute or other provision of law, the court must retain

the paper document, even if the document has also been converted to electronic form.

(d) Certified Copies. Certified copies may be issued in the conventional manner or in any

manner authorized by law.

Reporter’s Notes—2020

Under Rule 12(a), irrespective of whether a paper version of a

document exists, the electronic version, whether efiled or scanned

from a paper version, is the official record. This enables the court

to destroy the paper version of records. While some documents are

created and filed solely for purposes of the pending case, filers—

particularly those who are filing on paper—should not file the

original version of an important document that is of extrinsic use

or value apart from the case in which filed, for any reason,

including as an attachment or exhibit. For example, the original

paper rental lease that is the subject of litigation should not be

filed. Similar documents would be a will, trust document, power of

attorney, deeds of conveyance of interests in realty, sworn

financial statements prepared for commercial use, and the like. The

paper document may be scanned and destroyed and, thus, become

unavailable to the filer in the future. Paper filers may file a copy of

the document or present the original in person at a court facility for

scanning and return.

Reporter’s Notes—2023 Amendment

New subdivision (c) expressly mandates retention of a paper

document by the court when required by statute or other provision

of law. Contemporaneous amendment of V.R.P.P 5(e) and addition

of V.R.P.P 78 delineate testamentary documents and vital records

as those that must be provided on paper subject to retention and

ultimate disposition in the Probate Division. When paper

documents are submitted under V.R.P.P. 78, the filer should notify

the court that the paper version must be retained for the duration of

the case as provided in V.R.P.P. 8(c)(2). Former subdivision (c),

regarding certified copies is relabeled as (d).