Vermont Judiciary

10/12/2018 | Press release | Distributed by Public on 10/12/2018 10:21

Committee on Rules of Civil Procedure Meeting October 19




The Civil Rules Committee will meet at 9:00 a.m., Friday, October 19, 2018, at Vermont Law School, South Royalton, Vermont, to consider the following agenda:

1. Approval of the draft minutes of the meeting of September 7, 2018, previously distributed.

2. Status of promulgated and pending amendments.

A (1). Amendments to V.R.C.P. 26(b)(4) and (5) to correct internal references to other provisions of the rule that were not amended when the rule was amended by order of July 14, effective September 18, 2017. Promulgated October 9, effective December 8, 2018. Professor Wroth to report.

(2) #s12-1/14-10-Event-witness amendment to V.R.C.P. 26(b)(4). Originally sent out for comment on January 11, with comments due on March 13, 2017. Proposed revised amendments to V.R.C.P. 16.2, 26(b), and 26(e), sent out for comment on January 24, with comments due on March 23, 2018. Chairman Keyes and Messrs. Dumont and Weimer to report on discussion at VBA meeting and present revised draft.

B (1). #15-8. Special ad hoc committee on video/audio appearances and cameras in the court. Professor Wroth to report on status of proposed amendments to V.R.C.P. 43(a) et al. and proposed A.O. 47, sent out for comment on January 24, with comments due on March 23, 2018.

(2). Committee to review Supreme Court's revised proposed draft of V.R.C.P. 79.2 et al., sent out for comment on September 6, with comments due on November 5, 2018,, See also revised proposed V.R.A.P. 35 and A.O. 46 at

C. # 17-1. Allocation of residual class action funds. Request of Chief Justice for Committee review of ABA request concerning adoption of procedures providing for allocation of residual class action funds. Amendment adding V.R.C.P. 23(g) to provide for the disbursement of residual funds remaining after satisfaction of all claims under a class action judgment or settlement recommended to the Court on April 11 for promulgation. Chairman Keyes and Mr. Avildsen to report.

D. #18.4-Supreme Court's amendment of V.R.C.P. 79.1(e) for consistency with Administrative Order No. 41, promulgated September 5, effective November 5, 2018, See # Professor Wroth to report.

3. #14-7. V.R.C.P. 41(b)(1)(iii). Conform to Rule 3's 60-day service requirement.. Consideration of Professor Wroth's draft proposed order dated May 17, 2018, and FNMA v. Johnson, 2018 VT 51. Judge Toor to report.

4. #14-8. V.R.C.P. 69. Executions. Subcommittee (Judge Pearson, Ms Badgewick, Professor Wroth) to report.

5. #17-5. Proposal for service of prisoners' mailbox complaints on Attorney General. Judge Toor to report on Oversight Committee's position on suggested amendment to simplify service on the Attorney General of prisoners' complaints raising confinement issues.

6. #17-4. Review status of amendments to V.R.A.P. 24 (IFP Proceedings), recommended for promulgation on December 3, 2014. Further consideration of Mr. Avildsen's memorandum of September 6, 2017, containing proposed amendments to V.R.C.P. 3.1(b) and V.R.A.P. 24(a)(1).

7. #10-8/13-1-Adoption of 2007 amendments to ABA Model Code of Judicial Conduct. Professor Wroth to present draft.

8. #14-1. Status of Appendix of Forms. Ms. Blackwood and Professor Wroth to provide a report and draft.

9. #17-7. V.R.C.P. 55-Amendments recommended by Civil Division Oversight Committee. Further consideration of Professor Wroth's draft proposed order dated May 17, 2018, and Mr. Dumont's memorandum to the Committee of September 6, 2018. Judge Toor to provide memorandum.

10. #18-2. V,R.A.P. 9-Statutory inconsistencies. Chairman Keyes and subcommittee (Rebecca Turner, Kate Gallagher, chair) to report.

11. Other business.

12. Next meetings. November 30, 2018. Further dates to be determined.