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Advisory Committee on Rules of Civil Procedure Meeting July 16

VERMONT SUPREME COURT ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE AGENDA FOR MEETING OF JULY 16, 2021

The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, July 16, 2021, to consider the following agenda: 1. Approval of the draft minutes of the meetings of June 11, and July 7, 2021. 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 present revised draft for further discussion. B. #21-2. Response to Supreme Court’s memorandum of May 12, 2021, and June 25, 2021, amendment of A.O. 49. Item 1. Remote Jury Trials. Mr. Dumont to report. Item 2. E-mail Filing; Item 3. Remote Administration of Oaths. Proposed amendments to V.R.C.P. 5 and 11 sent to the Court on June 25, 2021. Professor Wroth to report Item 4. Eviction Proceedings and Foreclosure Proceedings. Mr. Avildsen to report. Item 5. Committee consideration of other AO 49 provisions that might be made permanent. 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. Sent to Justice Dooley on July 4, 2021. Professor Wroth 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. #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. Professor Wroth to report. E.#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), sent May 21, 2021, 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. Promulgated June 7, effective August 9, 2921. 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. #20-12. Proposed amendment of V.R.C.P. 4 to require service of blank answer form. Memorandum of Civil Division. Mr. Avildsen to report. I. #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 June 25, 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. Next meeting scheduled to be held virtually at 9:00 a.m., August 20, 2021. Dates for additional meetings to be considered.