VERMONT SUPREME COURT

ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE

AGENDA FOR MEETING OF NOVEMBER 6, 2020

The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, November 6, 2020, to consider the following agenda:

1.  Approval of the draft minutes of the meeting of September 11, 2020, previously distributed.

2.  Action items

            A.  #20-7, #19-11.  Civil Division proposal to move credit card cases out of small claims court and provide form for credit card complaints.  Proposed amendments to V.R.C.P. 9.1, 55(c)(7), and V.R.S.C.P.  2(a), 3, and 8(c) sent out for comment on August 18, with comments due on October 19, 2020.  Chairman Keyes to report on comments received.

            B  #19-1.  Reconciliation of juror qualifications rules with V.R.C.P.  47(a) and V.R.Cr.P. 24(a).  See proposed order amending juror qualification and other rules, sent out for comment on September 16, public hearing on October 28, comments due on November 16, 2020, Chairman Keyes and Professor Wroth to report.

            C.  #20-2.  Proposed amendment to conform V.R.C.P. 80.5(e) to amended 23 V.S.A.§ 1203(k). Proposed amendment sent to Court on October 1, sent out for comment on October 7, with comments due on December 7, 2020.  Chairman Keyes to report on comments received.

            D.  #19-10. Proposed amendments to V.R.C.P. 26, 34, 78, conforming to recent amendments to the Federal Rules.  Sent out for comment on February 11, with comments due by April 13, 2020.  

            (1)  Amendments to V.R.C.P. 26, 34, recommended for promulgation, October 1, promulgated October 6, effective December 7, 2020. See https://www.vermontjudiciary.org/sites/default/files/documents/PROMULGATED%20VRCP26_34.pdf.

            (2) Proposed draft amendments abrogating V.R.C.P. 78 and amending V.R.C.P. 7.  Alternate revised drafts of proposed amendments to V.R.C. P. 7 and 56 to be presented by Mr. Dumont and Professor Wroth.

              E. #20-5.  Requirement for current attorney and litigant addresses.  Professor Wroth to present revised drafts of proposed amendments to V.R.C.P. 11(a), 79.1(b) and (i), and any other appropriate rules.

            F.  #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.  Judge Mello and Ms. McAndrew to present new draft.

            G.  #20-10.  V.R.C.P. 80.1(f).  Reference to V.R.C.P. 55(b)(2), amended and redesignated as V.R.C.P. 55(c)(2) by 2019 amendment.  Professor Wroth to report.

            H.  #2012.  Proposed amendment of V.R.C.P. 3 to require service of blank answer form.  Memorandum of Civil Division Oversight Committee to be distributed.

            I.  #2013.  Proposed amendments of V.R.C.P.  58, 62, 77 regarding service of defasult judgments.  Memorandum of Civil Division Oversight Committee and materials to be distributed.

3.  Items for discussion and possible action.

            A.  #20-9. Amendments made necessary to conform Civil Rules to the 2020 Vermont Rules on Electronic Filing, promulgated December 10, 2019, effective March 2, 2020,  Subcommittee (Chairman Keyes, Ms. Badgewick, and Ms. Spero)  to report.

            B.  #14-8.  V.R.C.P.  4.1, 4.2, 69, 69.1. Collection and Enforcement of Judgments.  Consideration of Judge Pearson’s  March 30, 2020, draft promulgation order.

            C.  #14-1.  Status of Appendix of Forms. Subcommittee (Mr. Avildsen, chair, Mr. Dumont, and Chief of Trial Court Operations Theresa Scott) to propose administrative order concerning cooperation regarding development and adoption of forms.

            D.  #20-11.  Methods of expediting civil trials.  Subcommittee (Mr. Dumont and Mr. Weimer) to report.

            E.  #20-14.  Possible amendment regarding treatment of competing dispositive motions filed by a party.  Chairman Keyes to report.

Information items.

            A.  #20-9. Amendments made necessary to conform Civil Rules to the 2020 Vermont Rules on Electronic Filing, promulgated December 10, 2019, effective March 2, 2020,  Subcommittee (Chairman Keyes, Ms. Badgewick, and Ms. Spero)  to report.

            B.  #19-3.  Vermont Rules for Public Access to Court Records.  Abrogated and replaced by order of May 1, effective July 1, 2019. Judge Mello to report on discussion with Judge Toor on her suggested amendments to those Rules.

            C. AO 49 as amended through October 5, 2020.  Professor Wroth to report.

            D. Effect of Court’s Long Term Planning Committee:  Ramp-up Report, My 13, 2020, https://www.vermontjudiciary.org/about-vermont-judiciary/blueprint-expansion-court-operations. Chairman Keyes and Professor Wroth to report.

5.   Other business.

6.  Next meetings. Dates for further meetings to be agreed upon.