Vt. R. Elec. Filing. 12

As amended through August 12, 2024

Rule 12 - Official Record; Certified Copies

(a)Official Record. If an electronic version of a document exists in the electronic case management system, it is the official record regardless of whether the document was electronically filed or nonelectronically filed and converted to electronic form.

(b)Maintaining Nonelectronic Document. Unless otherwise provided by law, the court is not required to maintain a nonelectronically filed paper document after it has been converted to electronic form.

(c)Exception for Nonelectronic Documents Which Must be Retained by Law. Notwithstanding 12(b), where required by statute or other provision of law, the court must retain the paper document, even if the document has also been converted to electronic form.

(d)Certified Copies. Certified copies may be issued in the conventional manner or in any manner authorized by law.

Vt. R. Elec. Filing. 12

Adopted Dec. 10, 2019, eff. 3/2/2020; amended July 10, 2023 eff. 10/2/2023.

Reporter's Notes-2023 Amendment

New subdivision (c) expressly mandates retention of a paper document by the court when required by statute or other provision of law. Contemporaneous amendment of V.R.P.P 5(e) and addition of V.R.P.P 78 delineate testamentary documents and vital records as those that must be provided on paper subject to retention and ultimate disposition in the Probate Division. When paper documents are submitted under V.R.P.P. 78, the filer should notify the court that the paper version must be retained for the duration of the case as provided in V.R.P.P. 8(c)(2). Former subdivision (c), regarding certified copies is relabeled as (d).

Reporter's Notes-2020

Under Rule 12(a), irrespective of whether a paper version of a document exists, the electronic version, whether efiled or scanned from a paper version, is the official record. This enables the court to destroy the paper version of records. While some documents are created and filed solely for purposes of the pending case, filers- particularly those who are filing on paper-should not file the original version of an important document that is of extrinsic use or value apart from the case in which filed, for any reason, including as an attachment or exhibit. For example, the original paper rental lease that is the subject of litigation should not be filed. Similar documents would be a will, trust document, power of attorney, deeds of conveyance of interests in realty, sworn financial statements prepared for commercial use, and the like. The paper document may be scanned and destroyed and, thus, become unavailable to the filer in the future. Paper filers may file a copy of the document or present the original in person at a court facility for scanning and return.