The Vermont Supreme Court's Advisory Committee on the Rules of Civil Procedure is set to hold a virtual meeting on January 3, 2025, at 9:00 a.m. The agenda includes several items for discussion and potential action.
One of the key topics involves proposed amendments to Rule 11, which aims to update declarations by deleting V.R.C.P. 11(e) entirely and adding new provisions under V.R.C.P. 43(h). This would broaden authorization for declarations instead of affidavits or statements under oath.
Senator Hasim suggested amendments to Rule 4(c), emphasizing court approval for service by an "indifferent person" and introducing "good cause" as a reason for alternative service methods. Chair Keyes and Mr. Dumont are expected to report on comments from the Legislative Committee on Judicial Rules (LCJR).
Other proposed changes include technical amendments to Environmental Court Rules, removal of outdated references, and updates concerning Environmental Rule 5(b)(4)(A) regarding appeals from municipal panels. Atty LaRosa supports these changes, stating they are "clear and directive."
The committee will also discuss making permanent the rule implementing requirements of the CARES Act, which expires in September 2025. Additionally, there are suggested amendments to various rules related to injunctions, taxation of costs by courts, client contact information in motions to withdraw, and substitution of counsel without notice.
Judge Toor has proposed revisions requiring citation of legal authority for out-of-state service under Rule 4(e). Feedback is also sought on potential amendments concerning service on incompetent persons and post-conviction relief procedures.
Furthermore, Judge Spero has inquired about clarification needs regarding notification requirements for parties who have not appeared under Rules 5(a) and 77(d). There will be discussions on electronic certificates of service following suggestions from Judge Toor.
Updates will be provided on mediation panel regulations and modernizing landlord-tenant laws in Vermont. The committee will consider whether current court rules adequately address generative AI usage.
Finally, there is an open question about remote deposition oaths with consideration given to allowing qualified Vermont notaries to administer oaths remotely once a related rule becomes permanent.
The meeting concludes with discussions about committee vacancies focusing on subject-matter expertise or practice-area representation alongside goals for geographic and demographic diversity.