V.R.E.F. Rule 3

(a) Electronic Filing Required. Except as provided in (b) and (c), and other provisions of

these rules, all documents filed in a case in the Supreme Court, superior court, the judicial

bureau, or a hearing panel of the Professional Responsibility Board must be electronically filed

as of the effective date specified by Rule 1.

(b) Nonelectronic Filing Permitted. A document may be nonelectronically filed when:

(1) the filer, who is not filing on behalf of a government agency, is a self-represented litigant

who has not elected to file electronically consistent with subdivision 3(d) in the specific case;

(2) the filer is a guardian ad litem, is filing pursuant to the duties of that position, and has not

filed electronically in the specific case;

(3) nonelectronic filing of a particular document is permitted by the court to protect

confidentiality or for other good cause;

(4) the document is a nonelectronic stipulation, agreement, or other case document created or

finalized while the parties and/or counsel are present at court premises, in or related to

proceedings, and nonelectronic filing is permitted by the court;

(5) a filer in a particular case is excused from electronic filing in that case by the court when

exceptional circumstances make electronic filing not feasible;

(6) nonelectronic filing is expressly permitted by these rules or an applicable rule of

procedure;

(7) an item cannot reasonably be scanned and filed electronically because of its size, shape,

or condition;

(8) the electronic filing system is unavailable when the filer seeks to make an electronic

filing, despite reasonable efforts to make a filing or in the case of a preannounced system outage;

or

(9) the filer is a licensed attorney and is self-represented in a proceeding before a hearing

panel of the Professional Responsibility Board.

(c) Nonelectronic Filing Required. A document must be nonelectronically filed when:

(1) nonelectronic filing is expressly required by these rules, a statute, or an applicable rule of

procedure; or

(2) the court orders a filer to nonelectronically file upon a finding that the filer has abused the

efiling system by repeated filing of irrelevant, abusive, or duplicative documents or information.

(d) Self-Represented Litigants.

(1) Electing to Efile. Unless ordered otherwise, a self-represented litigant may elect to

electronically file and serve but is not required to do so.

(2) Duration of Electronic Filing in the Superior Court and in Proceeding Before Hearing

Panels of the Professional Responsibility Board. A self-represented litigant who commences

efiling in a case must continue to efile throughout the duration of the case. The self-represented

litigant may discontinue efiling only after obtaining a court order of discontinuance issued for

good cause shown and after notifying all other parties that the litigant will not be efiling in the

future. Efiling by a self-represented litigant does not create an obligation to efile in another case.

(3) Efiling in the Supreme Court. A self-represented litigant who has efiled in a case in the

superior court is presumed to continue to efile on appeal in the Supreme Court. The self-represented litigant may discontinue efiling after giving efiled notice to the Court and serving the

notice on all other parties to the appeal.

(4) Guide and File. A self-represented litigant who prepares and efiles a document through

Guide and File is not required to continue to file electronically in that case as a result of that

filing.

Reporter’s Notes—2020

Rule 3 provides the specific rules governing when electronic

filing is required and permitted and when nonelectronic filing is

required. Subdivision (a) states the general policy that on or after

the effective date of efiling, everyone must efile unless a specific

authorization or requirement applies and specifies otherwise.

Subdivision (b) recognizes only two categories of filers as

exempt from the general policy. The first, in Rule 3(b)(1), is a self-represented litigant, who has not registered to efile or has chosen

not to efile in a specific case. Persons who do not fit within this

category—for example, a nonlawyer who is authorized by the

court to represent a nonprofit corporation because of the lack of

money to hire a lawyer—must efile unless excused by court order

under another part of subdivision (b).

Also not fitting within the exemption are persons who have

specified functions in court proceedings by law or court rules.

These include masters, receivers, parent coordinators, and neutrals

required to file a report. These are not self-represented litigants and

thus must efile under Rule 3(a).

Rule 3(b)(2) provides that guardians ad litem are exempt from

efiling when filing pursuant to the duties of their position. See,

e.g., V.R.C.P. 17(b); V.R.F.P. 6.1(e). As with self-represented

litigants, guardians ad litem may choose not to register to efile at

all or may chose not to efile in a particular case.

The remaining parts of subdivision (b) provide authorizations not

to efile for particular cases or documents where the circumstances

are such that the general policy should not apply. A motion to

allow nonelectronic filing under (b)(3) and (4) can be made

nonelectronically. The court may decide there is good cause not to

require efiling of all or part of the documents being filed for good

cause—for example, for nonlawyers representing a business.

Although the rule indicates that nonelectronic filing may be

permitted by the court to protect confidentiality, efilers can file

confidential documents using the efiling system. The court may

decide that in a case where a lawyer has a disability that

“exceptional circumstances make electronic filing not feasible.”

Rule 3(b)(4).

Paragraphs (b)(5) and (6) provide two categorical exceptions

based on the circumstances of the filing or case: nonelectronic

filing is authorized by another rule in these rules, Rule 3(b)(5); and

where electronic filing through scanning of an item is not

reasonably possible because of the size, shape or condition of the

item, Rule 3(b)(6). An example of the latter might be a CD

containing a video of a shooting or an audio capture of testimony.

Finally, Rule 3(b)(7) allows a filer to nonelectronically file if the

electronic filing system is unavailable when the filer seeks to use it

despite reasonable efforts to make an electronic filing or in case of

a preannounced outage. This exception does not require specific

court approval, but the filer should explain the circumstances that

caused unavailability. Note that Rule 5(c)(3) authorizes the court to

extend a filing deadline in the case of system unavailability but

only if the filer cannot with reasonable efforts file

nonelectronically under Rule 3(b)(7).

Subdivision (c) specifies the circumstances where

nonelectronic filing is required. These are where nonelectronic

filing is expressly required by rule or where the court finds that the

filer has abused the electronic filing system.

Subdivision (d) further explains the exemption for self-represented litigants. A self-represented litigant may register to

efile but choose not to efile in a particular case. If a self-represented litigant commences efiling in a case, that litigant must

continue to efile in that case unless relieved of that responsibility

by the court.

The electronic filing system contains a component called guide

and file which allows a self-represented litigant to prepare a

document for filing by responding to a guided interview. See Rule

2(g) (definition of “Guide and File”). The system then puts the filer

responses into the proper form for filing. The filer can

electronically or nonelectronically file the document. Rule 3(d)(3)

provides that efiling such a document without more does not create

an obligation to efile thereafter in the case.

Reporter’s Notes—2020 Amendments

Rule 3(b)(1) is amended to clarify that government agencies,

which are required to submit reports and other case documents

such as Department of Corrections (presentence investigation

reports) and Department for Children and Families (disposition

reports) and law enforcement entities must efile and are not

excepted from efiling as self-represented litigants. The concluding

phrase of paragraph 3(b)(1) is modified slightly to clarify that the

provisions of subdivision 3(d) are applicable to responsibilities and

rights of self-represented litigants who elect to efile in a specific

case.

New paragraph 3(b)(4) is added to clarify that nonelectronic

filing may be permitted by the court for documents such as a

handwritten or edited stipulations, agreements, or other case

documents that are created or finalized by parties and/or counsel

who are present at court premises for related proceedings,

including proceedings such as scheduled case-manager

conferences. Such nonelectronic filings (which are then scanned

into the electronic case record per V.R.E.F. 12) often provide the

basis for court orders in final resolution of a case, or a significant

issue therein, and immediate filing of the “paper” document is

highly advisable to render the case outcome operative without

delay. This amendment specifically authorizes such filings, subject

to court approval, as in effect a variant of the “good cause”

exception of the existing paragraph (b)(4). Existing paragraphs (4)-

(7) are renumbered as (5)-(8).

Reporter’s Notes—2021 Amendment

This amendment is made in connection with the introduction of

efiling in the Supreme Court. Accordingly, the Supreme Court is

added to Rule 3(a).

As in the superior courts, a self-represented litigant has the

option to efile in the Supreme Court but is not required to do so.

Under paragraph (d)(3), if the self-represented litigant is appealing

from a superior court case where the self-represented litigant is

efiling, it is presumed that the self-represented litigant will

continue to efile in the Supreme Court. The self-represented

litigant who is presumed to continue efiling in the Supreme Court

or has elected to efile in the Supreme Court may discontinue

efiling by giving notice to the Court and serving that notice on all

other parties. In contrast to the procedure prescribed for self-represented efilers to discontinue efiling in superior court

proceedings under paragraph (d)(2) of these rules (requiring a

court order of discontinuance issued for good cause shown), an

order of the Supreme Court is not required for a self-represented

litigant to discontinue efiling. Because the litigant is under an

obligation to efile when the notice is given, the notice itself must

be efiled.

Reporter’s Notes—2023

Paragraph 3(c) is amended to add statutes as among those sources

of law that could require filing a document nonelectronically.

Reporter’s Notes—2026 Amendment

Rule 3(a) is amended to provide that electronic filing is required

in matters before hearing panels of the Professional Responsibility

Board after the effective date provided by the Court Administrator

under Rule 1. Under new 3(b)(9), a licensed attorney, who is self-represented in a matter before a hearing panel of the Board is not

required to electronically file. Rule 3(d)(2) is amended to clarify

the process for a self represented litigant who elects to file before a

hearing panel of the Board and then decides to discontinue efiling.