V.R.E.F. Rule 6

(a) In General. If nonelectronic filing of a document is permitted or required by these rules

court staff will scan the document in PDF format, or other format specified by the Court

Administrator, and include it in the electronic file.

(b) Impermissible Nonelectronic Filing. If a document that is required to be filed

electronically is filed nonelectronically, it will not be accepted or scanned.

(c) Court Staff Processing in the Superior Court. and in Proceedings Before Hearing

Panels of the Professional Responsibility Board.

(1) Court Staff Review. After scanning, court staff will review filings for compliance with

these rules and Rule 7(a)(1) of the Rules for Public Access to Court Records.

(2) Accepting or Rejecting a Filing. If a filing is rejected because it does not comply with

these rules or the Rules for Public Access to Court Records, court staff will provide the filer with

notice and the reason for rejection.

(3) Correcting a Filing. If a filing is rejected, the filer may submit a corrected filing within 7

days after receiving notice of the rejection. The filer must indicate it is a corrected filing. The

court may extend the time for correction for good cause. If the filing is rejected for

noncompliance with V.R.P.A.C.R. 7(a)(1), the procedure and time limits for correction will be

determined in accordance with V.R.P.A.C.R. 7(a)(3) and (4).

(4) Filing Date. When a filing has been accepted, the date and time of filing for all purposes

under the applicable rules of procedure are the date and time that the initial filing was submitted

if the corrected filing complied with the time limits in (c)(3).

(5) Assigning a Case Number. Court staff will provide a case number for a new filing that has

been accepted. The assigned case number must appear on all subsequent filings pertaining to the

case.

(d) Court Staff Processing in the Supreme Court.

(1) Court Staff Review. Court staff will review all nonelectronic filings for compliance with

these rules, the Vermont Rules of Appellate Procedure, and Rule 7(a)(1) of the Rules for Public

Access to Court Records.

(2) Accepting or Rejecting a Filing. If a filing is rejected, court staff will provide the filer

with notice and the reason for rejection. Court staff may reject a filing for noncompliance with

Rule 7(a)(1) of the Vermont Rules for Public Access to Court Records, the applicable limit on

the number of words in the brief as contained in V.R.A.P. 32(a)(4), the failure to include a word

count in a brief as required by V.R.A.P. 32(a)(4)(D) or the failure to sign a document as required

by these rules or the Vermont Rules of Appellate Procedure.

(3) Correcting a Filing. If court staff reject a filing pursuant to this subdivision, the filer

may correct the filing as set forth in (c)(3), and (c)(4) will apply to determine the filing date.

(4) Limit of Review. This rule does not limit the actions the Supreme Court may take for

violation of these rules, the Vermont Rules of Appellate Procedure, or the Vermont Rules for

Public Access to Court Records.

(5) Assigning a Case Number. Court staff will provide a case number for a new filing that

has been accepted. The assigned case number must appear on all subsequent filings pertaining to

the case.

(e) Existing Nonelectronic Filings. When electronic filing is commenced under Rule 1, the

Court Administrator may direct that court staff scan all or part of existing paper filings into the

electronic case file.

Reporter’s Notes—2020

Rule 6 sets forth the way nonelectronic documents will be

received by the Court generally and treated in relation to the

electronic filing system. Subdivision 6(a) establishes that if a

nonelectronic filing is either permitted or required by the rules for

electronic filing, it will be scanned in PDF or other format

designated by the Court Administrator and included in the

electronic case file.

Rule 6(b) is addressed to circumstances in which a filer seeks to

file a nonelectronic document which is required to be filed

electronically. For example, a self-represented person, who has

already electronically filed in a case, may appear at the court

seeking to have nonelectronic documents received and filed, either

as a matter of convenience, or perceived necessity. Subdivision

6(b) generally provides that a nonelectronic filing that is required

to be electronically filed will not be scanned or accepted. Rule

3(b)(3) and (4) allow nonelectronic filing of particular documents

or for particular cases for good cause or exceptional circumstances.

Of course, an electronic filer’s routine disregard of the

requirements for electronic filing may result in appropriate court

orders or sanctions, including but not limited to, a requirement that

the person must engage exclusively in nonelectronic filing, in a

manner consistent with the provisions of Rule 3(c).

Rule 6(c) outlines the procedures for court staff processing of

nonelectronic filings. Under paragraph 6(c)(1), court staff scan and

then review filings for compliance with the electronic filing rules

and V.R.P.A.C.R. 7(a)(1). Under paragraph 6(c)(2), if the filing

does not comply, the court will provide the filer with notice and

the reasons for the rejection. For nonelectronic filers, this notice

will necessarily be sent by nonelectronic means. The scanned

filing will be retained electronically pending correction.

Under paragraph 6(c)(3), the filer may submit a corrected filing

within 7 days of receiving notice of the rejection. The filer must

indicate that it is a corrected filing. The court may extend the time

for good cause. Because the filer’s time to correct is triggered by

service of the notice of rejection, under V.R.C.P. 6(e), V.R.P.P.

6(d), and V.R.Cr.P. 45(e), an additional 3 days are added to the

time a party must act if service is made by specified means,

including by mail. The civil rule is incorporated by reference in

V.R.F.P. 4.0(a)(2)(A) and V.R.E.C.P. 3, 4(a)(2), and 5(a)(2). If

service is made by mailing, then it is complete upon filing under

V.R.C.P. 5(b)(2) and V.R.P.P. 5(b). The civil rule is incorporated

by reference in V.R.Cr.P. 49(b), V.R.F.P. 4.0(a)(2)(A), and

V.R.E.C.P. 3, 4(a)(2), and 5(a)(2). Note that as to corrections for

noncompliance with V.R.P.A.C.R. 7(a)(1), the provisions of

V.R.P.A.C.R. 7(a)(3) and (4) control (the Court

Administrator/reviewer determines date for correction as to public

access compliance). The acceptance-and-correction provision

relates solely to the electronic filing requirements. A filing that

does not comply with other rule requirements may be subject to

different time provisions. For example, the allowance of thirty

days to submit an entry fee when a motion to proceed in forma

pauperis is denied under V.R.C.P. 3.1(d).

Paragraph (c)(4) provides that when a filing has been accepted,

the date and time of filing for all purposes under the applicable

rules of procedure are the date and time that the initial filing was

submitted and scanned into the electronic system as long as the

correction was made within the allotted time. Finally, paragraph

6(c)(5) establishes that court staff will assign a case number for a

new filing that has been accepted, and that the assigned case

number must appear on all subsequent filings pertaining to the

case. Where an action may be commenced either by filing, or by

service, such as is provided by V.R.C.P. 3, a responsive pleading

may be filed prior to filing of the summons and complaint. In this

and in like cases, the pleading will be scanned and retained

electronically until the corresponding summons and complaint are

filed, and the clerk will then open the case and assign a case

number.

Rule 6(d) clarifies the status of existing nonelectronic filings

when electronic filing begins. The rule contemplates that while

conversion of all existing nonelectronic case files to electronic

format is not required, the Court Administrator may direct that

court staff scan all or part of existing paper filings into the

electronic case file. It is anticipated that the decision as to such

scanning would consider such factors as the age, volume, and

complexities of a given existing paper case file.

Reporter’s Notes—2021 Amendment

This rule is amended in connection with the introduction of efiling

in the Supreme Court.

New subdivision (d) addresses staff review of filings in the

Supreme Court. In all relevant aspects the new subdivision (d) is

identical to Rule 5(e) as added at the same time as the addition to

this rule. See Reporter’s Notes to 2021 Amendment to Rule 5.

Subdivision (d) is amended to authorize the Court Administrator

to direct scanning into the electronic case file, or not, of preexisting

paper filings in cases active in the Supreme Court on the date

efiling is implemented. This authorization is identical to that for

preexisting trial court records.

Reporter’s Notes—2026 Amendment

Rule 6(c) is amended to provide that review of nonelectronic

filings in proceedings before hearing panels of the Professional

Responsibility Board are done in the same manner as those

submitted to the superior courts.