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Advisory Committee on Rules of Civil Procedure Meeting June 11, 2021

ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE AGENDA FOR MEETING OF JUNE 11, 2021

The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, June 11, 2021, to consider the following agenda: 1. Approval of the draft minutes of the meeting of May 21, 2021. Previously distributed. 2. Action items A. #20-9B. Amendments made necessary to conform the Civil Rules to the 2020 Vermont Rules on Electronic Filing, promulgated December 10, 2019, effective March 2, 2020. Ms. Badgewick and Ms. Spero to report B. #21-2. Response to Supreme Court’s memorandum of May 12, 2021 (to be distributed). Chairman Keyes to report. Item 1. Remote Jury Trials. Deferred. Item 2. E-mail Filing. Ms. Spero to present revised draft. Item 3. Remote Administration of Oaths. Ms. Spero to present revised draft. Item 4. Eviction Proceedings and Foreclosure Proceedings. Mr. Avildsen to report. C. #20-9A. Amendments made necessary to conform the Appellate Rules to the 2020 Vermont Rules on Electronic Filing, promulgated December 10, 2019, effective March 2, 2020. (1) Amendments to the Appellate Rules proposed by special subcommittee of the Electronic Filing Rules Committee. Status of review by joint subcommittee (Chairman Keyes, Ms. Badgewick, Mr. Dumont; Therese Corsones, Hon. Thomas Durkin, Hon. John Dooley). Chairman Keyes to report (2) Elimination of papers served electronically from the 3-day extension of time provided by V.R.C.P. 6(e) and V.R.A.P. 26(c). Professor Wroth to present draft promulgation order. D. #21-3. Conforming V.R.C.P.3.1 and court forms concerning waiver of filing and service fees; Justice Robinson’s request. Mr. Avildsen’s draft promulgation order amending V.R.C.P. 3.1(b)(2) to be considered. Professor Wroth to report on status of forms amendment. E. #19-10. Amendments to V.R.C. P. 7 and 56 and abrogation of V.R.C.P. 78. Recommended on May 26 for promulgation. Professor Wroth to report. F. #14-8. V.R.C.P. 4.1, 4.2, 69, 69.1. Collection and Enforcement of Judgments. Judge Pearson and Professor Wroth to present consolidated draft. G. #20-7, #19-11. Civil Division proposal to move credit card cases out of small claims court and provide form for credit card complaints. Mr. Avildsen to report on relevant Legislative and Civil Division Oversight Committee action on effect of proposal to remove the upper small claims limit on credit card claims. H. #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. Ms. McAndrew to circulate revised draft. J. #20-12. Proposed amendment of V.R.C.P. 4 to require service of blank answer form. Memorandum of Civil Division. Mr. Avildsen to report. K. #20-13. Proposed amendments of V.R.C.P. 62, 77, regarding service of default judgments. Mr. Dumont and Professor Wroth to present revised draft. 3. Items for discussion and possible action. A. #14-1. Status of Appendix of Forms. Mr. Avildsen to present draft administrative order, motion to abrogate the Appendix of Forms, and new draft of V.R.C.P. 84. B. #21-1. Blondin v. Milton Town School District, 2021 VT 2, 13, n.10. Professor Wroth to present draft preserving the general requirement of a post-verdict motion and providing an exception for “a pure question of law.” 4. Information items. A. AO 49 as amended through May 12, 2021. Professor Wroth to report. B. Status of Court’s Long Term Planning Committee: Ramp-up Report, May 13, 2020. Justice Eaton to report. 5. Other business. 6. Next meetings. Dates for further meetings to be agreed upon.