Legal Community

NOTE: The following Proposed Amendments are proposed by the Rules Committees and have not been reviewed by the Supreme Court.  To view more information click on the + next to the title.  To view the complete proposal click on the title.

Brief Statement about Rule Contact and Address   Proposed Amendment to § 6(a) of the Rules for Mandatory Continuing Legal Education The proposed amendment to § 6 would allow credit for the continuing legal education courses completed as a requirement for admission without examination under § 7 of the Rules of Admission to the Bar of the Vermont Supreme Court.  The credit may be counted toward an admitted attorney’s continuing legal education requirement of twenty hours during their first reporting period.   Comments on these proposed amendments should be sent to the Chair of the Board of Mandatory Continuing Legal Education Board by February 24, 2012.  The Chair can be reached by U.S. mail or email at the following address(es):   Hon. Karen R. Carroll, Chair Board of Bar Examiners 2418 Airport Road, Suite 2 Barre, VT  04541 JUD-AttyLicensing@state.vt.us   Proposed Amendments to §§ 6, 7 and 13 of the Rules of Admission of the Vermont Supreme Court The proposed amendments eliminate the 3-month clerkship requirement for attorneys admitted to practice in other jurisdictions who are admitted without examination to the Vermont bar.  The proposed amendments reflect that change, as well as some housekeeping changes and a revision of the definition of in-house counsel.   Comments on these proposed amendments should be sent to the Chair of the Board of Bar Examiners by February 24, 2012.  The Chair can be reached by U.S. mail or email at the following address(es):   Bridget Asay, Esq., Chair Board of Bar Examiners 2418 Airport Road, Suite 2 Barre, VT  04541 JUD-AttyLicensing@state.vt.us     Proposed Amendments to Rules 4(b)(2)(A) and (B) and 14 of the Vermont Rules for Family Proceedings The proposed amendments to Rule 4 provide a method for waiver of service that is simpler to administer.  The proposed amendment to Rule 14(d) is amended to add “other good cause” to the grounds for waiver of attendance at a litigant education program that are to be incorporated in the terms of each such program.  The proposed amendment would give the court discretion to recognize valid grounds for nonattendance other than constitutional interests, disability, or vulnerability in a spousal or other relationship.   Comments on these proposed amendments should be sent to the Chair of the Advisory Committee on Rules for Family Proceedings by February 24, 2012.  The Chair can be reached by U.S. mail or email at the following address(es):   Jody Racht, Esq., Chair Vermont Attorney General’s Office Ladd Hall, 103 South Main Street Waterbury, VT  05671-0701 jody.racht@state.vt.us     Proposed Amendments to Rules 28(d) and 72 of the Vermont Rules of Civil Procedure The proposed amendment to V.R.C.P. 28(d), providing for depositions to be taken in Vermont for use in another jurisdiction, would limit its applicability to depositions that are to be taken in civil actions in a U.S. district court or in proceedings in another country under that country’s laws.  The proposed amendment to V.R.C.P. 72 would implement the interlocutory appeal provision of the Vermont Trust Code, 14A V.S.A. § 201, and would reflect the establishment of the Civil Division pursuant to Act 154 of 2009 (Adj. Sess.).   Comments on these proposed amendments should be sent to the Chair of the Advisory Committee on the Rules of Civil Procedure by February 24, 2012.  The Chair can be reached by U.S. mail or email at the following address(es):   William Griffin, Esq., Chair Civil Rules Committee Office of the Attorney General 109 State Street Montpelier, VT  05609-1001 bgriffin@atg.state.vt.us   Proposed Amendments to Rule 79.1 of the Vermont Rules of Probate Procedure The proposed amendment to V.R.P.P. 79.1 is added to permit a lawyer acting pursuant to a limited representation agreement with a pro se client to enter a limited appearance in the Probate Division in certain specific situations.   Comments on these proposed amendments should be sent to the Chair of the Advisory Committee on the Rules of Probate Procedure by January 31, 2012.  The Chair can be reached by U.S. mail or email at the following address(es):   Hon. Joanne M. Ertel Hartford Probate Court 62 Pleasant Street Woodstock, VT  05091 Joanne.Ertel@state.vt.us     Proposed Amendments to Rules 16.2, 18, 26, 30 and 41 of the Vermont Rules of Criminal Procedure The proposed amendment to V.R.Cr.P. 16.2 follows revisions to the ABA Standards for Criminal Justice Discovery, Third Edition.   The proposed amendments to V.R.Cr.P. 18 revises the nomenclature used to refer to the place of prosecution and trial in order to conform changes made by the Judicial Restructuring Act, Act 154 of 2009 (Adj. Sess.), and provides for broadened venue for initial appearance and arraignments under Rules 5 and 10 and preliminary hearings under Rule 32.1(a)(1).    The proposed amendment to V.R.Cr.P. 26 increases to thirty days before trial the notice required of an intent to introduce evidence or other acts or offenses.   The proposed amendment to V.R.Cr.P. 30 contemplates that the court will have discretion to give preliminary instructions prior to the taking of evidence, as well as to give some instructions after the close of evidence, but prior to argument.   The proposed amendment to V.R.Cr.P. 41 provides procedures for the issuance of search warrants for the use of tracking devices. Comments on these proposed amendments should be sent to the Chair of the Advisory Committee on the Rules of Criminal Procedure by January 31, 2012.  The Chair can be reached by U.S. mail or email at the following address(es):   P. Scott McGee, Esq. Hershensen, Carter, Scott & McGee PO Box 909 Norwich, VT  05055-0909 smcgee@hcsmlaw.com   Proposed Amendment to Rule 408 of the Vermont Rules of Evidence The proposed amendment to V.R.E. 408, with one exception, conforms the Vermont rule to its Federal counterpart and promotes uniformity of practice.   Comments on this proposed amendment should be sent to the Reporter of the Advisory Committee on the Rules of Evidence by January 2, 2012.  The Reporter can be reached by U.S. mail or email at the following address(es):  Professor Kenneth Kreiling, Reporter  Advisory Committee on Rules of Evidence  Vermont Law School  Chelsea Street, PO Box 96  South Royalton, VT  05068-0096  kkreiling@vermontlaw.edu   Proposed Amendments to the Vermont Rules of Appellate Procedure The proposed amendments abrogate Rule 10 and replace it with a new rule which would make the rule consistent with current practices concerning ordering and producing transcripts for appeals, particularly with respect to availability of an on-line order form.  The proposed amendment would also abrogate Rule 10.1.   The proposed amendments to Rule 12 are for clarity’s sake.  The proposed amendment would abrogate Rule 12.1.    The proposed amendment would also make permanent the emergency amendment to Rule 28(d) that was promulgated on March 23, 2011, and amended further by this order.    The proposed amendment would abrogate Rule 28.1 and incorporate it into Rule 28 as a new subdivision.   The proposed amendment to Rule 29 would specify that an amicus brief must comply with Rule 32 form and filing requirements.   The proposed amendment would also make the emergency amendments to Rule 30 that were promulgated and effective March 23, 2011 permanent and further provide that in cases without an electronic case file, a litigant must file only a single paper copy and an electronic copy of the printed case, supplemental printed case, and exhibits.  In addition, service of these materials on represented parties is sufficient by electronic means.  Unrepresented parties must receive a paper copy of these materials, unless the parties agree otherwise.   The proposed amendment to Rule 30(f) requiring exhibits for inclusion in the printed case to be filed electronically would not alter the current system that inclusion of any exhibit in the printed case is at counsel’s discretion.   The proposed amendment to Rule 31 reduces to eight the number of paper briefs required to be filed by litigants and continues to require the filing of an electronic brief by represented parties.   The proposed amendment to Rule 32 would require the filing of an electronic version of the printed case by represented parties, in addition to the electronic filing of the brief.   The comment period ended on November 4, 2011.   Proposed Amendments to Rules 80.3(a) and (d) of the Vermont Rules of Probate Procedure The proposed amendments to Rules 80.3(a) and (d) of the Vermont Rules of Probate Procedure would provide consistency with amendments to 14 V.S.A. §§ 1901-1903 enacted by Act No. 75 of 2009 (Adj. Sess.).  That legislation simplified the requirements of inventory, eliminated the requirement of sureties and gave the court discretion as to the amount of the bond for the payment of funeral expenses, and added a finding of a surviving parent or parents but no spouse or child to the circumstances in which the court may grant administration and issue letters without further notice or bond. The comment period ended on August 26, 2011.    Proposed Amendment to Comment 3 to Rule 4.1 of the Vermont Rules of Professional Conduct Proposed Comment [3] would be added to Rule 4.1 to address concerns expressed by government lawyers that the Supreme Court’s decision in In re PRB Docket No. 2007-046, 2009 VT 115, 187 Vt. 35, 989 A.2d 523, might be understood as affecting the traditional use of deception as an investigative mechanism in the enforcement of criminal or other laws.   The comment period ended on August 26, 2011.

NOTE: To view more information click on the + next to the title.  To view the complete proposal click on the title.

Brief Statement about Rule Promulgated Date Promulgated Effective Date  Administrative Order No. 43 - Preservation and Storage of Search Warrant Records This Order provides that Court records required and stored under 4 V.S.A. § 740 include records of search warrant requests that are not granted and records of search warrant requests that are granted as of the time that the judge issues the search warrant.  While this administrative order establishes the proper policy, the Advisory Committee on the Rules of Criminal Procedure is requested to propose to the Court amendments to Rule 41 of the Vermont Rules of Criminal Procedure to implement the procedure. January 20, 2012 January 20, 2012  Order Making Permanent Emergency Amendments to Rules 5(g) and 84 of the Vermont Rules of Probate Procedure and the Abrogation of the Appendix of Forms to those Rules The emergency amendments to Rules 5(g) and 84 of the Vermont Rules of Probate Procedure and the Abrogation of the Appendix of Forms to those Rules have been made permanent.  December 21, 2011 February 20, 2012  Order Extending or Making Permanent Emergency Amendments to V.R.C.P. 80.1 The emergency amendment to Rule 80.1(b)(3) of the Vermont Rules of Civil Procedure has been extended for an additional two years.  The amendment requires a notice informing defendants in residential foreclosure cases of free resources available to assist them in trying to arrange to keep their homes, or, where appropriate, make the most favorable arrangements for selling the homes and paying off the debt.  This amendment will take effect on January 1, 2012; and is extended until December 31, 2013.   The emergency amendment to Rule 80.1(g)(2) has been made permanent.  The rule provides additional protections for foreclosure defendants.  This amendment will become effective on February 20, 2012. December 21, 2011 February 20, 2012  Order Promulgating Amendments to the Code of Judicial Conduct Canon 5A(3) and Making Permanent Emergency Amendment of Section B fo A.O. 10, "Application of Code of Judicial Conduct" The amendment to Canon 5A(3) of the Vermont Code of Judicial Conduct is consistent with the language of 4 V.S.A. § 278(a), as added by Act 154 of 2009 (Adj. Sess.), § 17a, effective June 3, 2010, providing that an assistant judge or candidate for that office may run for the office of probate judge and, if elected to both offices, may serve in both.   The emergency amendment of Section B of the “Application of the Code of Judicial Conduct” portion of the Vermont Code of Judicial Conduct, Administrative Order No. 10 has been made permanent. December 21, 2011 February 20, 2012  Emergency Amendments to V.R.Cr.P. 18(a)(b) and (c) These amendments seek to eliminate circumstances under which defendants may be incarcerated for longer than necessary pending transport to the court of the initiating unit, where prompt hearing is available in the unit of their detention following arrest.    Comments on these emergency amendments should be sent to the Chair of the Advisory Committee on the Rules of Criminal Procedure by February 24, 2012.  The Chair can be reached by U.S. mail or email at the following address(es):    P. Scott McGee, Esq.  Hershensen, Carter, Scott & McGee  PO Box 909  Norwich, VT  05055-0909  smcgee@hcsmlaw.com   December 21, 2011 December 21, 2011  Order Promulgating Amendments to Rule 17(a) of the Vermont Rules of Probate Procedure These amendments provide consistency with the provisions of the Vermont Trust Code, 14A V.S.A. §§ 101-1204, enacted by Act 20 of 2009. November 22, 2011 January 23, 2012  Order Promulgating Amendments to Rule 510 of the Vermont Rules of Evidence The amendments are based upon F.R.E. 502 adopted by Congress in 2008. The amendments harmonize state and federal practice. November 22, 2011 January 23, 2012  Order Promulgating Amendments to Vermont Rules of Civil Procedure 8(c), 16.3(g), 26, 56 and 69 and Vermont Rules of Professional Conduct 1.10 and its Comment and Comment [8] to Rule 1 The amendments to V.R.C. P. 8(c) and 56 conform those rules to recent amendments to the Federal Rules of Civil Procedure. V.R.C.P. 26(b)(4)(A)(iii) was added to make clear that a retained or specially or regularly employed expert’s final report and supporting exhibits, if not protected by new subparagraph (C), may be obtained by an opposing party through a request for production or a subpoena duces tecum. The amendments to V.R.C.P. 26(b)(4)(B-)(E) were amended or added to adapt Vermont practice to December 2010 amendments of the federal rule. The amendment to V.R.C.P. 16.3(g) conforms the rule to provisions of the Uniform Mediation Act.  The amendment to V.R.C.P. 69 provides for consistency with 12 V.S.A. § 506.  An amendment to Rule 1.10 of the V.R.Pr.C. adapts a recent amendment to ABA Model Rule 1.10 to permit screening of lawyers joining a firm to avoid conflicts in certain matters. November 22, 2011 January 23, 2012  Order Promulgating Amendments to Rules of Evidence 404(a)(1)(2) and 606(b) The amendments to Vermont Rules of Evidence 404(a)(1) and (2) relate to the admissibility of character evidence to prove conduct.  The V.R.E. 606(b) amendment strikes language to make the rule easier to read and provides that juror testimony may be utilized to prove that the verdict reported was the result of a mistake in entering the verdict on the verdict form. October 25, 2011 December 27, 2011  Order Promulgating Amendments to the Vermont Rules of Civil Procedure and Appellate Procedure The amendment to Rule 5(g) permits continued inclusion of a social security number in a document where it is required by federal law.  In particular, retirement fund administrators might decline to honor an instrument such as a Qualified Domestic Relations Order (QDRO) in which the litigants’ social security numbers have been redacted as required by V.R.C.P. 5(g) in the absence of a specific request from the court.   The amendment to Rule 45(f) is added to incorporate the provisions of the Uniform Interstate Depositions and Discovery Act (UIDDA), with modifications appropriate to Vermont practice.   The amendment to Rule 45(f)(1) makes clear that the purpose of the rule is to provide litigants in a proceeding in another state to use the procedures of the Vermont rules to obtain the forms of discovery covered by the rule.   The amendment to Rule 45(f)(2) contains the definitions set forth in UIDDA § 2. Note that the definition of “foreign subpoena” in subparagraph (B) limits the applicability of the rule to subpoenas “issued under the authority of a court of record,” thus excluding subpoenas issued by other tribunals such as administrative agencies or boards of arbitration. Cf.  UIDDA § 3, cmt.  Note also that the definition of “subpoena” includes a subpoena duces tecum and an order to permit inspection of premises but does not include an order to appear for a physical examination.    The amendment to Rule 45(f)(3) is based on UIDDA § 3, with variations to adapt the rule to Vermont practice.   The amendment to Rule 45(f)(4) is based on UIDDA § 4, with variations to adapt the rule to Vermont practice and to eliminate any requirement of a return to the issuing court.   The amendment to Rule 45(f)(5) adapts UIDDA § 5 to the provisions of the Vermont rule.   The amendment to Rule 45(f)(6) adapts UIDDA § 6 to the provisions of the Vermont rule.   The amendment to Rule 80.5(j) substitutes a more functional standard of review based on the language of V.R.A.P. 5(b).   The amendment to Rule 25(a)(2) is added to include in the Vermont Rules of Appellate Procedure a requirement like that that of V.R.C.P. 5(g), as simultaneously amended, and V.R.Cr.P. 49(c) (incorporating the Civil Rule) that social security numbers must be redacted from any paper to be filed unless otherwise requested by the Supreme Court or required by law.  The number must be redacted from a paper in the printed case even if the number was requested by the trial court, and included in the trial court filing, unless the Supreme Court requests the number or it is required by law. August 31, 2011 October 31, 2011 To view items click on arrow 1 - 10

NOTE: T To view more information click on the + next to the title.  To view the complete proposal click on the title.

Brief Statement about Rule  Consolidated Amendments to Electronic Filing, Case Records Dissemination, Appellate, and Civil Rules Vermont Rules for Electronic Filing [Adopted as Emergency Rules on August 17, 2010; Amended on October 20, 2010, December 14, 2010, February 23, 2011; March 22, 2011] Emergency amendments made permanent on August 30, 2011, effective October 31, 2011 Further Amendments to Rules 3(f) and 10(a) adopted on August 30, 2011; eff. October 31, 2011