ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE AGENDA FOR MEETING OF MAY 21, 2021

ADVISORY COMMITTEE ON RULES OF CIVIL PROCEDURE

AGENDA FOR MEETING OF MAY 21, 2021

The Civil Rules Committee will meet virtually at 9:00 a.m., Friday, Mary 21, 2021, to consider the following agenda:

1. Approval of the draft minutes of the meeting of March 19, 2021, Previously distributed.

2. Action items

A. #20-9. Amendments made necessary to conform the Appellate Rules to the 2020 Vermont Rules on Electronic Filing, promulgated December 10, 2019, effective March 2, 2020

(1) Amendments to the Appellate Rules proposed by special subcommittee of the Electronic Filing Rules Committee. To be circulated. Chairman Keyes to present the proposed amendments for review and action by the Civil Rules Committee.

(2) Elimination of 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). Chairman Keyes to report.

B. #20-11. Methods of expediting civil trials.

(1) Recommended emergency amendment to V.R.C.P. 68 Sent to the Court on February 22, 2021. Promulgated March 8, effective March 15, 2021, as A.O. 49, ¶ 24. discussion of use of the procedure.

(2) Recommended amendments to A.O. 49, ¶¶ 3, 5, providing authorization and procedure for civil jury trials. Sent to the Court on March 7, 2021. Justice Eaton to report on status of Court’s virtual trial work group. Mr. Dumont to report on recent developments in other states.

C. #19-10. Revised proposed amendments to V.R.C. P. 7 and 56 and abrogation of V.R.C.P. 78. Sent out for comment on January 5, with comments due by March 8, 2021. Mr. Dumont and Professor Wroth to present new draft.

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D. #14-8. V.R.C.P. 4.1, 4.2, 69, 69.1. Collection and Enforcement of Judgments. Judge Pearson and Professor Wroth to present consolidated draft.

E. #20-7, #19-11. Civil Division proposal to move credit card cases out of small claims court and provide form for credit card complaints. Mr. Avildsen to report on relevant Legislative and Civil Division Oversight Committee action on effect of proposal to remove the upper small claims limit on credit card claims.

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. Ms. McAndrew to circulate revised draft.

G. #20-12. Proposed amendment of V.R.C.P. 4 to require service of blank answer form. Memorandum of Civil Division. Mr. Avildsen to report.

H. #20-13. Proposed amendments of V.R.C.P. 58, 62, 77 regarding service of default judgments. Mr. Dumont and Professor Wroth to present revised draft.

I. Amendment of V.R.C.P. 3.1 For consistency with current practice re application to waive filing fees and service costs.

(1) Ms. Damone to report on clerks’ concerns.

(2) Professor Wroth to report on issues raised by Justice Robinson.

3. Items for discussion and possible action.

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

B. #14-1. Status of Appendix of Forms. Mr. Avildsen to present draft administrative order, motion to abrogate the Appendix of Forms, and new draft of V.R.C.P. 84.

C. #21-1. Blondin v. Milton Town School District, 2021 VT 2, 13, n.10. Professor Wroth to present draft preserving the general requirement of a post-verdict motion and providing an exception for “a pure question of law”

4. Information items.

A. AO 49 as amended through April 8, 2021. Professor Wroth to report.

B. Status of Court’s Long Term Planning Committee: Ramp-up Report, May 13, 2020. Justice Eaton to report.

5. Other business.

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


Source: EIN Presswire