V.R.E.F. Rule 4

(a) Registration Process. A person must register to electronically file and serve documents

through the electronic filing system, and choose the appropriate type of registration—

independent user, or user with an existing firm.

(b) Obligations and Responsibilities.

(1) Registering to electronically file and efiling a document in a case constitutes consent to

receive electronic service by notice that a filing has been made.

(2) An efiler is responsible for all documents filed or served under the efiler’s account.

(3) An efiler must create a service contact after registering, must check the “Make This

Contact Public” box, and must immediately update the efiler’s service contact information when

changes occur.

(4) An attorney may permit an associated attorney or other person authorized by the attorney

to file and view documents on the attorney’s behalf. The attorney is responsible for all such

filings and for any misuse of documents that are viewed or downloaded.

(c) Registration To View Documents That Are Not Publicly Accessible. To view

nonpublicly accessible portions of the electronic case file or documents not accessible over the

internet, persons—including those with specific rights of access pursuant to Rule 5 of the Rules

for Public Access to Court Records—must separately register with the public-access portal,

providing verification of their specific right of access.

Reporter’s Notes—2020

Subdivision (a) requires that a person must register to file and

serve documents through the electronic filing system.

Subdivision (b) establishes the obligations and responsibilities of

persons who register to file and serve documents through the

electronic filing system. Subdivision (b)(1) provides that

registration constitutes consent to receive electronic service by

notice that a filing has been made. Subdivisions (b)(2) and (3)

establish that an efiler is responsible for all documents filed or

served under the efiler’s account, and that an efiler is responsible

for updating registration information, including service contacts, to

assure proper service upon the efiler by others. Finally, subdivision

(b)(4), applicable to attorneys, permits an attorney to authorize an

associate attorney or other person to file and view documents

under the attorney’s efiling account. However, the attorney is

responsible for all such filings and for any misuse of documents

that are viewed or downloaded.

Subdivisions (a) and (b) establish a requirement of registration to

file and serve documents through the electronic filing system, and

the obligations and responsibilities of efilers, but they do not

address the issue of remote access for viewing of electronic case

files that are not publicly accessible. Subject to certain statutory

exceptions, a person need not be an electronic filer to access

electronic records for viewing only. See, e.g., 12 V.S.A. § 5.

Subdivision (c) explains that persons seeking remote access to

nonpublicly accessible electronic documents must separately

register to use the public access portal. To view records that are not

publicly accessible or are publicly accessible only at courthouse

terminals, and for those persons with specific rights of access

under Rule 5 of the Rules for Public Access to Court Records, the

system will require specific registration requirements, including

verification procedures, to authorize “elevated” access status to

view such records. The prescribed registration to view in this rule

has no connection to a person’s ability to view existing paper case

files maintained by clerks of court.

Reporter’s Notes—2020 Amendments

Subdivision (a) is amended to conform the text of the rule to

actual practice in the Odyssey efiling system. In Odyssey, in

contrast to an Independent (self-represented) User, a “Firm”

registers, which includes solo practitioners, as well as government

agencies. The Firm Administrator authorizes access for all user

accounts in that firm. More information on how to register is

provided in judiciary and vendor manuals.

The amended language in paragraph (b)(4) addresses how others

inside a firm may be authorized to file and view on an attorney’s

behalf.

Subdivision (c) is amended to further clarify the process to

secure elevated access to case documents not publicly accessible

via the internet. Registration in the efiling system provides access

to documents filed by the efiler. To view other documents in the

case, including those filed by another party, the filer must register

with the public access portal, and receive authorization. This is a

one-time process for each portal user, which provides ongoing

access for all subsequent cases in which the user is involved. See

also V.R.P.A.C.R. 5 (governing specific rights of access by

attorneys, parties, and others, to case records that are not otherwise

publicly accessible).

Reporter’s Note—2021 Amendment

Rule 4(b)(3) is amended to clarify that an efiler must enter a

current service contact email address as a condition of registration,

and to further require immediate updating of a changed service

contact address. This assures effective service via the efiling

system File and Serve function.