VERMONT SUPREME COURT ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE AGENDA FOR MEETING OF JANUARY 22, 2021

The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, January 22, 2021, to consider the following agenda:

1. Approval of the draft minutes of the meeting of November 6, 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. (1) Amendments to V.R.C.P. 26, 34, recommended for promulgation, October 1, promulgated October 6, effective December 7, 2020. Reviewed on December 8, 2020, by Legislative Committee on Judicial Rules. Chairman Keyes to report. (2) Revised proposed amendments to V.R.C. P. 7 and 56 and abrogation of V.R.C.P. 78, sent out for comment on January 5, with comments due by March 8, 2021. Chairman Keyes to report on comments received. B. #14-8. V.R.C.P. 4.1, 4.2, 69, 69.1. Collection and Enforcement of Judgments. Consideration of Judge Pearson’s March 30, 2020, draft promulgation order. C. #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. Consideration of any action by Civil Division Oversight Committee on alternative proposal to retain Small Claims Court jurisdiction with Superior Judge to be assigned to hear contested matters subject to the Rules of Evidence. Chairman Keyes to report on consideration by Legislative Committee on Judicial Rules and correspondence with Judge Toor. D. #19-1. Reconciliation of juror qualifications rules with V.R.C.P. 47(a) and V.R.Cr.P. 24(a). See proposed order amending juror qualification and other rules, sent out for comment on September 16, public hearing on October 28, comments due on November 16, 2020, Chairman Keyes and Professor Wroth to report on Public Access Committee’s response to Committee’s comment concerning internal law firm circulation of juror questionnaires. E. #20-2. Proposed amendment to conform V.R.C.P. 80.5(e) to amended 23 V.S.A. § 1203(k). Proposed amendment sent to Court on October 1, sent out for comment on October 7, with comments due on December 7, 2020. Reviewed on December 8, 2020, by Legislative Committee on Judicial Rules. Chairman Keyes to report. F. #20-5. Requirement for current attorney and litigant addresses. Proposed amendments to V.R.C.P. 11(a), 79.1(b) and (i), to Court on November 17, 2020, but deferred for coordination with other rules and orders. Professor Wroth to report. G. #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. Subcommittee (Judge Mello and Ms. McAndrew) to report. H. #20-10. V.R.C.P. 80.1(f). Reference to V.R.C.P. 55(b)(2), amended and redesignated as V.R.C.P. 55(c)(2) by 2019 amendment. Proposed amendment to V.R.C.P. 80.1(f) sent out for comment on December 7, 2020, with comments due on February 8, 2021. Chairman Keyes to report on any comments received. I. #20-12. Proposed amendment of V.R.C.P. 3 to require service of blank answer form. Memorandum of Civil Division. Professor Wroth to present draft. J. #20-13. Proposed amendments of V.R.C.P. 58, 62, 77 regarding service of default judgments. Memorandum of Civil Division Oversight Committee and materials to be distributed. Deferred at last meeting after discussion of the benefits of the present rule that time runs from the entry of a default judgment and case law concerning the effect of a judgment not being mailed in time.

3. Items for discussion and possible action. A. #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, Model prepared by subcommittee (Chairman Keyes, Ms. Badgewick, and Ms. Spero) to be distributed, showing how changes to attain conformity could be made. . B. #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. C. #20-11. Methods of expediting civil trials. Mr. Dumont to present draft amendment of V.R.C.P. D. #20-14. Possible amendment regarding treatment of competing dispositive motions filed by a party. Chairman Keyes to report. E. #21-1. Blondin v. Milton Town School District, 2021 VT 2, 13, n.10. Court’s suggestion to consider conforming V.R.C.P. 50 to F.R.C.P. 50.

4. Information items. A. #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, Subcommittee (Chairman Keyes, Ms. Badgewick, and Ms. Spero) to report. B. #19-3. Vermont Rules for Public Access to Court Records. Abrogated and replaced by order of May 1, effective July 1, 2019. Judge Mello to report on discussion with Judge Toor on her suggested amendments to those Rules. C. AO 49 as amended through December 22, 2020. Professor Wroth to report. D. 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.

5. Other business.

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