Vt. R. Elec. Filing. 10

As amended through May 6, 2024

Rule 10 - Payment of Court Fees and Efiling Fees

(a)Paying Court Fee; Correcting Failure to Pay.

(1)Electronic Filing. If an electronic filing requires payment of a court fee, an efiling fee, or both, the efiler must either pay the fee(s) on filing or file an application to waive filing fees and service costs. Court staff will reject an efiling that does not comply with this rule as set out in Rule 5(d) and (e). The procedures in Rule 5(d) for correcting a noncompliant efiling and determining the filing date apply. No advance deposit on account of future fees will be accepted.

(2)Nonelectronic Filing. If a nonelectronic filing requires payment of a court fee, the filer must either pay the fee on filing or file an application to waive filing fees and service costs. The consequences for noncompliance are as specified in the applicable rule of procedure.

(b)Payment Manner. Court fees for electronically and nonelectronically filed documents must be paid in a manner approved by the Court Administrator.

(c)Applying to Waive Court Fees. A party who wishes to waive court filing fees and service costs must comply with the provisions of the applicable rules of procedure.

(d)Exemption from EFiling Fee. Efiling fees will not be applied in the following circumstances:

(1) Court staff and other persons who participate in court proceedings in an official judicial position are exempt from fees when they file pursuant to their judicial responsibilities.

(2) Whenever a statute exempts a particular filer from paying a court filing fee, that filer will also not be required to pay an efiling fee.

Vt. R. Elec. Filing. 10

Adopted Dec. 10, 2019, eff. 3/2/2020; amended July 13, 2021 eff. 7/15/2021.

Reporter's Notes-2020

This rule addresses payment of court fees and efiling fees. Court filing fees are as generally prescribed in 32 V.S.A. chapter 17. Pursuant to 32 V.S.A. § 1433, the state is not required to pay filing fees. Except as provided in 32 V.S.A. § 1431(e), there are no filing fees in criminal division proceedings. No filing fees are required in proceedings for relief from abuse, 15 V.S.A. § 1103(f), abuse prevention for a vulnerable adult, 33 V.S.A § 6933(b), or for orders against stalking or sexual assault, 12 V.S.A. § 5133(f). Waiver of court fees is for persons found to be unable to pay a filing fee under 32 V.S.A. §§ 1431(h) and 1434(b), and V.R.C.P. 3.1 and V.R.P.P. 3.1.

The failure to pay a required court fee at time of efiling or to seek an authorization to waive filing fees or service costs if such an authorization is not in place will result in rejection of the attempted filing. As specified in Rule 5(d)(3), the efiler then has 7 days to correct the deficiency. If the deficiency is corrected in time, the efiling will be accepted, and the filing date will be the date of the initial attempt.

Note that subdivision (a) applies only in the normal situation where the filer must pay the required fee to make the efiling effective. There is at least one situation where paying the required fee is not required to make the filing effective. Vermont Rule of Appellate Procedure 3 provides that "an appellant's failure to take any step other than the timely filing of a notice of appeal does not affect the appeal's validity but is ground for the Supreme Court to take any appropriate action, including dismissal."

Filing a request for a waiver crosses only the first hurdle of avoiding a dismissal. For proceedings governed by the Vermont Rules of Civil Procedure, if the request is denied by the clerk, the efiler has 7 days to appeal to the presiding judge. See V.R.C.P. 3.1(b)(5). If the judge denies the appeal, the efiler has 30 days to pay the fee or the action is dismissed. V.R.C.P. 3.1(d). In probate court, the initial decision is by the judge so rejection by the judge creates the obligation to pay within 30 days or face dismissal. See V.R.P.P. 3.1(d).

The authorized methods of paying costs and fees are not stated in the rule. They are determined by the Court Administrator and stated on the Vermont Judiciary website.

Subdivision (d) addresses the second type of fee-a fee to make an electronic filing or to effect service through the electronic filing system imposed by the electronic filing system vendor. Under Rule 10(d)(2) if an efiler would be obligated to pay a court fee for the efiling, but the efiler is exempt from payment of the fee or payment of the fee is waived, the efiler is not required to pay an efiling fee for filing or service. Further, court staff and persons acting in an official capacity on behalf of the court-for example, masters, parent coordinators, guardians ad litem, and court-ordered forensic evaluators-are exempt from paying an efiling fee.

Reporter's Notes-2021 Amendments

Paragraph (a)(1) is amended to modify the cross-reference to Rule 5(d) and (e) to refer to both review in the superior courts and the Supreme Court.