VERMONT SUPREME COURT

ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE 

AGENDA FOR MEETING OF SEPTEMBER 11, 2020

            The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, September 11, 2020, to consider the following agenda:

            Welcome Hon. Robert Mello as new member of the Committee.

1.  Approval of the draft minutes of the meeting of June 26, 2020, previously distributed.

2.  Action items

            A.  #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 proposed draft reflecting discussion at June 26 meeting and suggestion concerning V.R.C.P. 34  made at Legislative Committee on Judicial Rules (LCJR) meeting of August 3, 2020.  Chairman Keyes and Mr. Dumont to report.

            B.  #20-6.  Use of “presiding judge”  in Civil Rules. Professor Wroth to report on usage in other rules and statutes.

            C.  #20-5.  Requirement for current attorney and litigant addresses.  Professor Wroth to present drafts of proposed amendments to V.R.C.P. 11(a), 79.1(b) and (i), and any other appropriate rules.

            D.  #20-2.  Proposed amendment to conform V.R.C.P. 80.5(e) to amended 23 V.S.A.§ 1203(k). Professor Wroth to present draft of proposed amendment.

            E. #20-9. 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.   Subcommittee (Chairman Keyes, Ms. Badgewick, and Ms. Spero)  to report on Civil Rules provisions that would incorporate the provisions of the Electronic Filing Rules..

3.  Items for discussion and possible action.

            A.  #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 2.E .

            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’s memorandum of July 6, 2020 to be distributed.        

4.  Information items.

            A.  Report on AO 49 as amended through August 20, 2020.  Mr. Avildsen to report.  See https://www.vermontjudiciary.org/sites/default/files/documents/AO%2049%20-%20Declaration%20of%20Judicial%20Emergency%20and%20Changes%20to%20Court%20Procedures%20with%20amendments%20through%208-20-20_0.pdf.

            B.   #20-7, #19-11.  Civil Division proposal to move credit card cases out of small claims court and provide form for credit card complaints.  Proposed amendments to V.R.C.P. 9.1, 55(c)(7), and V.R.S.C.P.  2(a), 3, and 8(c) sent out for comment on August 18, with comments due on October 19, 2020.  Professor Wroth and Chairman Keyes to report.

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

            D  #19-1.  Reconciliation of juror qualifications rules with V.R.C.P.  47(a) and V.R.Cr.P. 24(a). Amendments proposed by Public Access Rules Committee to be attached. Chairman Keyes and Professor Wroth to report.

            E.  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.

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

            G..  #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. on LCJR consideration.

            H.  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.

            I  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 on LCJR consideration.

5.   Other business.

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