September 25, 2017

Advisory Committee on Rules of Civil Procedure





The Civil Rules Committee will meet at 9:00 a.m., Friday, September 29, 2017, in the Hoff Lounge, Debevoise Hall, Vermont Law School, South Royalton, Vermont, to consider the following agenda:

1. Approval of the draft minutes of the meeting of June 16, 2017, previously distributed.

2. Status of recommended, proposed, and pending amendments.

A. #15-7. Recommended emergency amendments to certificate of service provisions of new V.R.C.P. 5(h). Promulgated July 14, effective September 18, 2017.

B. #10- 5. Recommended amendments to conform discovery and other rules to Federal Rules amendments. Promulgated July 14, effective September 18, 2017.

C. #16-4. Request from Chief Justice for consideration of new ABA Model Rule 8.4. Promulgated July 14, effective September 18, 2017.

D. #s12-1/14-10—Event-witness amendment to V.R.C.P. 26(b)(4). Sent out for comment on January 11, with comments due on March 13, 2017. Professor Wroth to present new draft of Mr. Dumont’s June 25 draft with revisions agreed on at June 16 meeting. Committee to consider questions regarding proposed (e) concerning supplemental disclosures and Chairman Keyes’ summary of comments from the bar.

E. #15-8. Special ad hoc committee on video/audio appearances and cameras in the court. Review Special Committee’s proposed new V.R.C.P. 79.2 sent out for comment on July 18, with comments due on September 18, 2017. Professor Wroth to report on status of Special Committee’s draft of proposed V.R.C.P. 43.1.

F. Recommended amendments to conform V.R.C.P. 6 and other time provisions of the Civil and other Rules to federal rules amendments (“day is a day” rules), promulgated September 20, 2017, effective January 1, 2018. Panel discussion at October 3 VBA Meeting. Committee to consider issues raised by Chief Hearing Officer of Judicial Bureau concerning time limits in V.R.C.P. 80.6.

G. Emergency order continuing the emergency amendments to V.R.S.C.P. 3, 7, 10, 12.Amended January 11, effective April 15, 2016, and further amended March 7, 2016, effective April 15, 2016, with the Committee to report on the future status of amendments by July 15, 2017. Chairman Keyes to report on Court consideration of Committee recommendation that amendments be abrogated and rules restored to original form.

H. V.R.C.P. 80.11,promulgated June 15, effective August 15, 2016; amended July 11, effective September 12, 2016, with Committee to review and report no later than August 15, 2018, whether the rule should be revised or made permanent. Committee to review survey data provided by VBA and Court Administrator.


Items deferred at June 16 meeting:

3. #15-5/16-3. V.R.C.P. 45. Oversight Committee proposal. Professor Wroth’s April 6 draft order, approved to be sent out for comment at May 12 meeting but not yet sent. Chairman Keyes to report on proposed amendment to V.R.Cr.P. 17(a) on signing of subpoena. 

4. #14-7. V.R.C.P. 41(b)(1)(iii). Conform to Rule 3’s 60-day service requirement. Deferred at May 12 meeting. Judge Toor to present final draft.

5. #14-8. V.R.C.P. 69. Executions. Deferred at March 24 and May 12 meetings. Consider Professor Wroth’s draft dated 3/22/17.

6. #16-7. Addition of “prisoners’ mailbox” provision to Civil Rules. Deferred at March 24 and May 12 meetings. Chairman Keyes to report on June 8 review of new V.R.A.P. 4(f) by LCJR. Consider Professor Wroth’s draft dated 3/22/17, and see item 13, #17-5, below.

7. #10-8/13-1—Adoption of 2007 amendments to ABA Model Code of Judicial Conduct. Deferred at March 24 and May 12 meetings. Professor Wroth to report.

8. #14-1. Status of Appendix of Forms. Deferred at March 24 and May 12 meetings. Ms. Blackwood and Professor Wroth to report.

9. # 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. Deferred at May 12 meeting. Mr. Weimer and Mr. Avildsen to present draft.

10. #17-2. Incorporation of V.R.E.F. 4(g) in V.R.C.P. 7(b) or 78(b). Judge Gerety’s proposal of April 17, 2017. Ms. McAndrew to review and report.


New items:

11. #17-3. Review emergency amendment of V.R.A.P. 11(b)(3), promulgated March 9, effective April 10, 2015.

12. #17-4. Review status of amendments to V.R.A.P. 24 (IFP Proceedings), recommended for promulgation on December 3, 2014.

13. #17-5. Proposal for service of prisoners’ mailbox complaints on Attorney General.

14. Other business.

15. Date of next meeting: November 17, 2017.