The Vermont Supreme Court’s Advisory Committee on the Rules of Civil Procedure convened on March 6, 2026, to discuss proposed and potential amendments to the state’s civil procedure rules. The meeting covered a range of topics, including updates on rule changes currently out for public comment, consideration of new amendments, and ongoing review of existing procedures.
Among the items discussed were proposed changes to V.R.E.C.P. 5, which would require a statement of questions to be filed with notices of appeal or cross-appeal. The comment period for this proposal closes April 13, with further discussion planned for May. Another item under review is V.R.C.P. 80.12 and 81(a), concerning post-conviction relief; this proposal also has an open comment period until April.
The committee considered amendments related to electronic filing rules and appellate procedures, specifically addressing the use of links and bookmarks in filed content. Judge Shafritz and Mr. Rose presented these potential amendments.
Discussion also focused on Rule 55 regarding citation of legal authority for out-of-state service. Judge Shafritz reported that most judges prefer a rule specifying requirements for motions relying on service outside Vermont. Proposed language states: “A motion that relies on service outside the state effected under the law of the place of service must specify the statute or rule of the place of service that authorizes the manner of service.”
Other topics included suggestions to revise requirements for electronic certificates of service and possible revisions to Vermont’s “service-first” method under Rule 3(a). Concerns raised about this method include processing challenges within court systems, confusion among defendants in certain types of cases, inconsistency with federal practice and other states’ rules, and issues related to public understanding and trust in official documents.
Additional agenda items addressed attorney contact information requirements for pro hac vice admissions, deposition oaths, records kept by clerks, withdrawal procedures upon entry of final judgment, notification practices for parties who have not appeared in court proceedings, clarification in leave-to-amend provisions for pleadings, protective orders in discovery processes, attachment process procedures, service rules involving incompetent persons or guardianships, and responsibilities regarding taxation of costs and preparation of judgment forms.
Updates from both the Efiling Committee and Civil Division Oversight Committee were provided during the meeting.
The Vermont Judiciary operates as a coequal branch under the state constitution overseeing judicial rules and attorney discipline (official website). It maintains operations through 14 Superior Court units across each county (official website), offering services such as specialized courts for family law, criminal matters, environmental issues, language interpreting services and mediation (official website). The judiciary promotes community safety through treatment-focused dockets addressing substance use and mental health concerns (official website), collaborates with programs like Guardian ad Litem to advocate for children in abuse or neglect cases (official website), and delivers impartial justice aimed at safeguarding Vermonters’ rights as well as public safety and business interests (official website).
Future meetings will continue discussion on pending proposals and address new business brought forward by committee members.
