VERMONT SUPREME COURT ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE AGENDA FOR MEETING OF NOVEMBER 19, 2021

The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, November 19, 2021, to consider the following agenda: 1. Approval of the draft minutes of the meeting of October 29, 2021. 2. Rules recommended, or to be considered, for promulgation. A. Recommended amendment of AO 49, §21.d to address delays in the provision of Vermont Emergency Rental Assistance (VERAP) funds to pay back rent and forestall evictions from residential housing. Transmitted to the Court on November 4, 2021. Professor Wroth to report. B. #21-2(1). Remote Mediation. Proposed amendment of V.R.C.P. 16.3(b), sent out for comment August 3, comments due September 3, 2021. Reviewed by Legislative Counsel on Judicial Rules (LCJR) on October 21, 2021. Revised draft to be considered for promulgation. C. #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. Sent out for comment on August 3, with comments due on October 3, 2021.Reviewed by LCJR on October 21, 2021. To be considered for promulgation. D. #21-3. Conforming V.R.C.P. 3.1 and court forms concerning waiver of filing and service fees. Proposed amendments of V.R.C.P. 3.1, 4, 84, and the proposed abrogation of the Appendix of Forms sent out for comment on August 3, with comments due October 3, 2021. Reviewed by LCJR on October 21, 2021. To be considered for promulgation. E. #20-11. Methods of expediting civil trials. Recommended emergency amendment of V.R.C.P. 68 allowing either party to serve an offer of judgment. To be considered for permanent promulgation. F. #20-9A. 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). Proposed promulgation order abrogating V.R.C.P. 6(e) and V.R.A.P. 26(c) and containing amendments to V.R.A.P. 26(d) and 31(a) sent out for comment on September 16, with comments due on November 15, 2021. Reviewed by LCJR on October 21, 2021. To be considered for promulgation G. Remote Administration of Oaths. Proposed amendments to V.R.C.P. 11 sent out for comment on September 1 with comments due on October 1, 2021. Reviewed by LCJR on October 21, 2021. To be considered for promulgation. Comment on Reporter’s Notes to be considered. H. #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, 2021. Proposed order correcting references to former V.R.C.P. 78 in V.R.C.P. 43 and V.R.C.P. 54 sent out for comment on September 16, with comments due on October 13, 2021. Reviewed by LCJR. on October 21, 2021. To be considered for promulgation. 3. Proposed amendments to be considered for sending out to comment. A. #21-3. V.R.A.P 25(a)(2)(B). Clarification of inconsistent filing deadlines and related procedures. Draft of proposed order abrogating the rule to be reviewed B. #20-13. Proposed amendments of V.R.C.P. 55, 62, regarding service of default judgments. Revised draft to be reviewed. C. V.R.S.C.P. 7 and 8. Civil Division Oversight Committee amendment proposal. Draft Reporter’s Notes to be reviewed. 4. Reports. A. V.R.C.P. 79.1. Civil Division Oversight Committee amendment proposal regarding out-of-state lawyers. Mr. Avildsen and Mr. Weimer to review and report. B. Electronic Service and Filing and Remote Administration of Oaths. Proposed amendments to V.R.C.P. 5 sent out for comment on September 1 with comments due on October 1, 2031. Reviewed by Legislative Counsel on Judicial Rules (LCJR) on October 21, 2021. Comparable amendments to Vermont Rules of Appellate Procedure to be considered. Subcommittee (Ms. Badgewick, chair, Mr. Dumont, Chair Keyes) to report. . C. #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, Subcommittee (Ms. Badgewick, Chairman Keyes, and Ms. Spero) to report. D. Remote Jury Trials. Special Advisory Committee on Remote Hearings. Mr. Dumont to report. E. October 14 and November 4 amendments of AO 49. Professor Wroth to report. F. #14-8. V.R.C.P. 4.1, 4.2, 69, 69.1. Collection and Enforcement of Judgments. Professor Wroth to report. G. Committee consideration of other AO 49 provisions that might be made permanent. Request of Supreme Court. 5. Other business. 6. Date of next meeting. To be determined.