Vt. R. App. P. 26

As amended through April 1, 2024

Rule 26 - Computing and Extending Time

(a)Computing Time. V.R.C.P. 6(a) governs the computation of any period of time prescribed by these rules, by any applicable statute, or by court order.

(b)Extending Time. For good cause, the Supreme Court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires. But the Court may not extend the time for filing:

(1) a notice of appeal or a motion for permission to appeal, unless specifically authorized by law or by these rules; or

(2) materials in appeals under Chapters 51 and 53 of Title 33, absent extraordinary circumstances.

(c)Stipulation To Extend Time to File Appellate Briefs.

(1)Stipulations to Extend Time to File Briefs. The parties may stipulate one time to extend the time to file each type of brief. The stipulated extension of time may not exceed:

(A) Appellant's principal brief-40 days;

(B) Appellee's principal brief-30 days;

(C) Appellant's reply brief and appellee's reply brief in a case with a cross appeal-21 days.

(2)Exception. The parties may not by stipulation extend the period to file briefs in appeals in proceedings under Chapters 51 and 53 of Title 33.

(3)Form of Stipulation. The stipulation must be signed by all counsel of record and must set forth in clear and specific terms:

(A) the period being extended;

(B) the date to which the period is extended; and

(C) the reason for the extension.

Vt. R. App. P. 26

Amended Oct. 30, 1979, eff. 12/3/1979; 12/11/1980, eff. 2/2/1981; 1/9/1985, eff. 3/15/1985; 12/9/1988, eff. 3/1/1989; 4/30/1999, eff. 7/1/1999; 10/11/2006, eff. 12/11/2006; 6/17/2009, eff. 5/28/2009; 2/24/2010, eff. 4/26/2010; 6/11/2013, eff. 9/3/2013; amended Sept. 20, 2017, eff. 1/1/2018; amended July 13, 2021, eff. 8/17/2021; amended May 9, 2022, eff. 9/6/2022.

Reporter's Notes-2022 Amendment

V.R.C.P. 6(e) and V.R.A.P. 26(c), which are virtually identical, are simultaneously deleted. As most recently amended in 2018, V.R.A.P. 26(c) provided:

(c) Additional Time After Certain Kinds of Service. When a party may or must act within a prescribed period after service and service is made under V.R.C.P. 5(b)(2), (3), or (4), 3 days are added to the prescribed period after the period would otherwise expire under V.R.C.P. 6(a).

Deleting this provision is overdue, given the general simplification of counting time that occurred when the "day is a day" method of counting was adopted in 2018 and the prevalence of service using the electronic filing system or email. See Reporter's Notes to simultaneous deletion of V.R.C.P. 6(e).

Rule 26(d) is renumbered 26(c). New Rule 26(c)(1) is amended to extend the maximum time limits to which filing times for briefs may be extended by stipulation. Under subparagraph (1)(A), the extension for the appellant's principal brief is increased from 30 to 40 days. The extension for appellee's principal brief is increased by subparagraph (1)(B) from 21 to 30 days, and that for reply briefs is increased by subparagraph (1)(C) from 14 to 21 days. These time limits are identical to those in the Federal Rules of Appellate Procedure, which were put in place when the federal three-day rule was eliminated for electronic filing. Now that electronic filing has been adopted for appeals to the Vermont Supreme Court, and the three-day rule is being eliminated by deleting of V.R.C.P. 6(e) and V.R.A.P. 26(c), the longer time periods are appropriate for Vermont.

Reporter's Notes-2021 Amendment

Rule 26(d) regarding stipulations to extend time to file appellate briefs is amended. Under the amended rule, the parties may stipulate one time to extend the time to file each type of brief. This means that the parties can stipulate once for the appellant's principal brief, once for the appellee's principal brief, and once for a reply brief. The extensions may not exceed 30, 21, or 14 days, respectively. Rule 26(d)(2) retains the exception that the parties cannot stipulate to extend time to file briefs in juvenile cases. Former paragraph (d)(2) is renumbered (d)(3) and has a new heading. Former paragraph (d)(3), allowing some stipulations to be filed in the superior court, is deleted as unnecessary.

Reporter's Notes-2018 Amendment

Rule 26 is amended to incorporate a specific reference to the simultaneous amendment of V.R.C.P. 6(a). Rule 26(c) is amended to conform with the simultaneous amendment to V.R.C.P. 6(e).

9. That Rule 27(a)(3) of the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):