VERMONT SUPREME COURT

ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE

AGENDA FOR MEETING OF JUNE 26, 2020

The Civil Rules Committee will meet at 9:00 a.m., Friday, June 26, 2020, by Teams conference to consider the following agenda:

1.  Approval of the draft minutes of the meeting of January 24, 2020, previously distributed.

2.  Action items

            A.  Issues concerning AO 49 as amended through May 13, 2020, https://www.vermontjudiciary.org/news/information-regarding-coronavirus-disease-2019-covid-19-and-court-operations. Chairman Keyes to report on request by Justice Robinson for consideration of pleading requirements for evictions and foreclosures under the CARES Act.  Materials to be distributed.

            B. #20-4. Conflict between Code of Judicial Conduct, Rule 2.11, and V.R.C.P. 40(e)(4).  Referred by the Supreme Court. Materials to be distributed.

            C.  #20-7.  Civil Division proposal to move credit card cases out of small claims court.  Judge Toor. Materials to be distributed.

            D.  #19-11.  Proposed rule providing form for credit-card complaints. Judge Toor to present Civil Division Oversight Committee proposal to be distributed.

            E.#19-10. Proposed amendments to V.R.C.P. 26, 34, 78, conforming to recent amendments to the Federal Rules.  Sent out for comment on February 11, with comments due by April 13, 2020.  Consideration of comments received and discussion since last meeting..

            F.  #20-6.  Use of “presiding judge”  in Civil Rules. Judge Toor.  Material to be distributed.

            G.  # 20-3.  Need for rule to implement newly enacted 14 V.S.A. § 118 providing for direct reference from the Probate to the Civil Division of matters involving wills. November 30, 2019, draft of proposed V.R.P.P. 73 to be distributed.

            H.  #20-5.  Requirement for current attorney and litigant addresses.  Judge Tomasi.  Material to be distributed.

            I.  #20-2.  Proposed amendment to conform V.R.C.P. 80.5(e) to amended 23 V.S.A.§ 1203(k).  January 30, 2020, letter of Sergeant Eric Shepard, to be distributed.

3.  Items for discussion and possible action.

            A (1).  Amendments made necessary to conform Civil Rules to the 2020 Vermont Rules on Electronic Filing, promulgated December 10, 2019, effective March 2, 2020, https://www.vermontjudiciary.org/sites/default/files/documents/PROMULGATED%2012-10-19%20VREF%202020.pdf.   Chairman Keyes and Professor Wroth to report on meeting with Justice Dooley, Chair, and Judge Morris, Reporter, Electronic Filing Rules Committee.  Memo to be distributed.

            (2) #19-4.  V.R.C.P.  5, 79(a). Amendments promulgated December 19, 2019, effective March 1, 2020,  to conform Civil and Appellate Rules to 2020 Vermont Rules for Electronic Filing.See item 2A.

            B.  #14-8.  V.R.C.P.  4.1, 4.2, 69, 69.1. Collection and Enforcement of Judgments.  Judge Pearson to present draft promulgation order.

            C.  #14-1.  Status of Appendix of Forms. Subcommittee (Mr. Avildsen, chair, Mr. Dumont, and Chief of Trial Court Operations Theresa Scott) to propose administrative order concerning cooperation regarding development and adoption of forms.

            D.  #20-8.  Proposal to clarify V.R.C.P. 56  by providing that the response to a statement of undisputed facts must be paragraph-by-paragraph as opposed to a competing statement of facts.  Judge Toor.   

4.  Information items.

            A.  #19-3.  Vermont Rules for Public Access to Court Records.  Abrogated and replaced by order of May 1, effective July 1, 2019. Judge Toor to report on consideration of her suggested amendments to those Rules.

            B  #19-1.  Reconciliation of juror qualifications rules with V.R.C.P.  47(a) and V.R.Cr.P. 24(a). Chairman Keyes and Professor Wroth to report on actions of the Public Access Rules Committee.

            C.  Effect of Court’s Long Term Planning Committee:  Ramp-up Report, My 13, 2020, https://www.vermontjudiciary.org/about-vermont-judiciary/blueprint-expansion-court-operations. Chairman Keyes and Professor Wroth to report.

            D.  #19-2.  V.R.C.P  62(a)(3)(A). Orders for possession. Promulgated February 10, effective April 13, 2020. Professor Wroth to report.

            E.  #19-6. Small Claims Judgments.  Amendments to V.R.S.C.P. 3, 7, 9, 10, promulgated February 10, effective April 13, 2020. Professor Wroth to report.

            F.  Amendments to V.R.C.P. 40(e)4) and V.R.A.P. 27.1(b)(4), updating cross references to reflect promulgation of the Vermont Code of Judicial Conduct 2019, promulgated February 10, effective April 13, 2020. Professor Wroth to report.

            G  Amendments to V.R.C.P.  3.1 and V.R.A.P. 24, recommended to the Court for promulgation on May 22, 2020, promulgated June 12, effective August 18,2020. Professor Wroth to report.

5.   Other business.

6.  Next meetings. Dates for further meetings to be agreed upon.