VERMONT SUPREME COURT

ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE

AGENDA FOR MEETING OF APRIL 22, 2022

The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, April 22, 2022, to consider the following agenda:

1.  Approval of the draft minutes of the meeting of February 25, 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, 2002.  Three comments received. To be further considered. 

            (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.  #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.AP/26(d)(1) and 31(a) .  Recommended for promulgation at meeting of November 19, 2021.To be reconsidered in light of Court action on parallel amendment to V.R.Cr.P. 45, pending comments due on February 14, 2022.

            C. #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.

            D. . #22.3.  V.R.C.P. 80.11.  Should it be made permanent? Chairman Keyes and Mr. Weimer to report

            E. Committee consideration of AO 49 provisions that should be made permanent. Request of Supreme Court.  Chairman Keyes to report.

• • • Special Eviction and Foreclosure procedures and forms
    • Remote oral argument in supreme court.
    • Remote judicial bureau proceedings, Rule 80.6 .
    • Remote deposition oaths (Dumont to report)
    • Remote trials and hearings
    • Other

3.  Status of recommended amendments.

            A. Proposed order amending V.R.C.P 5, 6(a)(4), 29, and 79.1.  Electronic Service and Filing.  Sent out for comment on December 13, 2021, with comments due February 14, 2022. Revised order sent to the Court by Committee on March 3, 2022, and recommended on March 4.2022, for promulgation, with changes made by subcommittee and by the full Committee on February 25, 2022.  March 3 draft order further revised by subcommittee and considered by the Court on April 11, 2022. Original December 13 comment draft reviewed by Legislative Committee on Judicial Rules (LCJR), April 14, 2022.  Chairman Keyes and Professor Wroth to report.

            B. Proposed order amending V.R.A.P.  25, and deleting V.R.A.P. 25(a)(2). Sent out for comment on January 10, with comments due on February 14, 2022.  No comments received. Recommended on February 25, 2022, for promulgation as circulated. Reviewed by LCJR, April 14, 2022.Chairman Keyes and Professor Wroth to report.

            C. #21-1. Proposed amendment to V.R.C.P. 50(b) (See Blondin v. Milton Town School District, 2021 VT 2, 13, n.10).  Sent out for comment on October 15, with comments due on December 15, 2021. One comment received. Recommended on February 25, 2022, for promulgation with one revision. Reviewed by LCJR, April 14, 2022. Promulgated April 18, effective June 20, 2022. Chairman Keyes and Professor Wroth to report.

            E.  Amendments of V.R.S.C.P. 7 and 8 proposed by Civil Division Oversight Committee. Sent out for comment on December 13, 2021, with comments due February 14, 2002. Two comments received. Recommended on February 25, 2022, for promulgation with revisions. Promulgated April 18, effective June 20, 2022. Chairman Keyes and Professor Wroth to report.

            F. #20-11.  Methods of expediting civil trials. Proposed amendment of V.R.C.P.  68 allowing either party to serve an offer of judgment.  Sent out for comment on December 13, 2021, with comments due February 14, 2002. One comment received. Recommended on February 25, 2022, for promulgation as circulated. Reviewed by LCJR, April 14, 2022. Promulgated April 18, effective June 20, 2022. Chairman Keyes and 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. . #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. Reviewed by LCJR on April 14,2022. Chairman Keyes to report on comments received.   

            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 receivedand possible further correction.

            D. V.R.A.P. 33.1 and 33.4.  Updating provisions for remote oral argument. Proposed amendments sent out for comment April 18, comments due on 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 February 25 meeting. Chairman Keyes and Mr. Avildsen.to report.

6.   Other business.

7.  Date of next meeting. To be determined.