The Vermont Supreme Court's Advisory Committee on the Rules of Civil Procedure has planned an agenda for its meeting on May 2, 2025. Among the topics under consideration are discussions of various rules and proposals regarding civil procedure in the state.
The committee will review whether to make Rule 9.2 permanent, as it is set to expire on September 30, 2025. Members will deliberate on whether to abrogate the rule, let it expire, or extend, modify, or make it permanent. The subcommittee will report on this issue, leading to discussion and action.
Also on the agenda is Rule 65(b)(1), concerning the application for a preliminary injunction. The proposed amendment suggests eliminating the option to apply for a preliminary injunction in the complaint, instead requiring a motion. This proposal closed for public comment on April 10, 2025, without receiving any input.
Rule 4(c) is another subject for discussion. It involves amendments related to special appointments versus service by any adult not a party. Senator Hasim suggested these changes, and comments on the proposed amendments closed on December 9, 2024. The revised proposal broadens the reasons for special appointment, aiming to be more economical or efficient than service by an officer. Professor Vesilind will report on this matter.
The meeting will also consider updates to VRAP cross-references, automatic withdrawal provisions under Rule 79.1, taxation of costs under Rule 54, and several other procedural topics relevant to civil action within the Vermont courts.
Scheduled for discussion are numerous additional items including the potential requirement for service of default motions, the abandonment of electronic certificates of service, and updates on mediation panels, e-filing, remote hearings, and scheduling orders.
Chair Keyes, Professor Vesilind, and various judges and members of related committees are expected to contribute their expertise and reports during these discussions. The committee aims for a detailed evaluation of the suggested amendments and other agenda items, working towards any necessary action or further review.
The meeting is part of regular planning, with future dates set for May 16, September 5, and November 7, 2025, and January 9 and March 6, 2026.