VERMONT SUPREME COURT ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE AGENDA FOR MEETING OF MAY 20, 2022

The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, May 20, 2022, to consider the following agenda: 1. Approval of the draft minutes of the meeting of April 22, 2022. 2. Action Items. A. #20-13. Proposed amendments of V.R.C.P. 55, 62, regarding service of default judgments. Sent out for comment on December 13, 2021, with comments due February 14, 2022. Three comments received. Deferred at April 22 meeting. (1) Mr. Dumont to present related amendment of V.R.C.P. 54. (2) V.R.C.P. 55. Post-judgment service costs. Judge Mello and Messrs. Avildsen and Dumont to report. B. #22-1. Proposed amendment of V.R.C.P. 26(e). Consider further revision of proposed amendment sent out for comment on March 8, with comments due on May 9. 2022. Chairman Keyes to report. Deferred at April 22 meeting. C. #22-2. V.R.C.P. 80.6. Correction of cross-references. Proposed amendment sent out for comment on March 8, with comments due on May 9. 2022. Reviewed by LCJR on April 14, 2022. Chairman Keyes to report on comments received. Further correction to be considered. D. Committee consideration of AO 49 provisions that should be made permanent. Request of Supreme Court. Chairman Keyes to report. (1) Special Eviction and Foreclosure procedures and forms. Supreme Court request to make permanent in the rules the provisions of AO 49, ¶¶ 21 and 22 [and the forms], relating to eviction, foreclosure, and mobile home repossession. Subcommittee (Mr. Avildsen, Judge Mello, Chairman Keyes, chair) to present proposed order. (2) Remote oral argument in Supreme Court. See item 4.B. below. (3) Remote judicial bureau proceedings under Rule 80.6. Chairman Keyes to report on discussions with Judicial Bureau Presiding Judge Romeo (4) Remote deposition oaths: (a) AO 49, § 17a, allowing remote administration (including possible influence on witness not apparent on camera); (b) remote notarization, including out-of-state; (c) pending legislation concerning oaths in interstate real estate transactions. Chairman Keyes, Mr. Dumont, and Ms. Spero to report on suggestions received from Committee members and discussions with Legislative Counsel regarding possible legislation. (5) Remote trials and hearings. Mr. Dumont to report on proceedings of the Remote Trials and Hearings Committee. (6) Other. Consideration for provisions for use of “devices” as defined in Rule 79.2(b)(4) by jurors as regulated in Rule 79.2(c)(3) and prohibited in Rule 79.2(d)(5). 3. Status of recommended amendments. A. Amendment of V.R.C.P. 5, 6(a)(4), 29, and 79.1. Electronic Service and Filing. Promulgated May 9, effective September 6, 2022. Professor Wroth to report. B. Proposed order amending V.R.A.P. 25 and deleting V.R.A.P. 25(a)(2). Promulgated May 9, effective September 6, 2022. Professor Wroth to report. C. #20-9A. Order eliminating 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) and amending V.R.A.P. 26(d)(1) and 31(a). Recommended for promulgation at meeting of November 19, 2021. Promulgated May 9, effective September 6, 2022. Professor Wroth to report. D. #22.3. V.R.C.P. 80.11. Order to make permanent recommended for promulgation at April 22 meeting. Order promulgated May 9, effective July 10, 2022. Professor Wroth to report. 4. Status of proposed amendments. A. V.R.C.P. 79.1. Civil Division Oversight Committee amendment proposal regarding out-of-state lawyers. Proposed amendment sent out for comment on March 8, with comments due on May 9. 2022. Reviewed by LCJR on April 14, 2022. Chairman Keyes to report on comments received. B. V.R.A.P. 33.1 and 33.4. Updating provisions for remote oral argument. Proposed amendments sent out for comment April 18, comments to be sent to Emily Wetherell, Deputy Clerk, by June 20, 2022. 5. Reports. 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, as amended, Subcommittee (Ms. Badgewick, Chairman Keyes, and Ms. Spero) to report. B. #14-8. V.R.C.P. 4.1, 4.2, 69, 69.1. Collection and Enforcement of Judgments. Deferred at April 22 meeting. Chairman Keyes and Mr. Avildsen to report. 6. Other business. Discussion of process for replacing member whose term expires. 7. Date of next meeting. To be determined.