Vt. R. Elec. Filing. 4
Vt. R. Elec. Filing. 4
Reporter's Notes-2020
Subdivision (a) requires that a person must register to file and serve documents through the electronic filing system.
Subdivision (b) establishes the obligations and responsibilities of persons who register to file and serve documents through the electronic filing system. Subdivision (b)(1) provides that registration constitutes consent to receive electronic service by notice that a filing has been made. Subdivisions (b)(2) and (3) establish that an efiler is responsible for all documents filed or served under the efiler's account, and that an efiler is responsible for updating registration information, including service contacts, to assure proper service upon the efiler by others. Finally, subdivision (b)(4), applicable to attorneys, permits an attorney to authorize an associate attorney or other person to file and view documents under the attorney's efiling account. However, the attorney is responsible for all such filings and for any misuse of documents that are viewed or downloaded.
Subdivisions (a) and (b) establish a requirement of registration to file and serve documents through the electronic filing system, and the obligations and responsibilities of efilers, but they do not address the issue of remote access for viewing of electronic case files that are not publicly accessible. Subject to certain statutory exceptions, a person need not be an electronic filer to access electronic records for viewing only. See, e.g., 12 V.S.A. § 5.
Subdivision (c) explains that persons seeking remote access to nonpublicly accessible electronic documents must separately register to use the public access portal. To view records that are not publicly accessible or are publicly accessible only at courthouse terminals, and for those persons with specific rights of access under Rule 5 of the Rules for Public Access to Court Records, the system will require specific registration requirements, including verification procedures, to authorize "elevated" access status to view such records. The prescribed registration to view in this rule has no connection to a person's ability to view existing paper case files maintained by clerks of court.
Reporter's Notes-2020 Amendments
Subdivision (a) is amended to conform the text of the rule to actual practice in the Odyssey efiling system. In Odyssey, in contrast to an Independent (self-represented) User, a "Firm" registers, which includes solo practitioners, as well as government agencies. The Firm Administrator authorizes access for all user accounts in that firm. More information on how to register is provided in judiciary and vendor manuals.
The amended language in paragraph (b)(4) addresses how others inside a firm may be authorized to file and view on an attorney's behalf.
Subdivision (c) is amended to further clarify the process to secure elevated access to case documents not publicly accessible via the internet. Registration in the efiling system provides access to documents filed by the efiler. To view other documents in the case, including those filed by another party, the filer must register with the public access portal, and receive authorization. This is a one-time process for each portal user, which provides ongoing access for all subsequent cases in which the user is involved. See also V.R.P.A.C.R. 5 (governing specific rights of access by attorneys, parties, and others, to case records that are not otherwise publicly accessible).
Reporter's Note-2021
Amendment Rule 4(b)(3) is amended to clarify that an efiler must enter a current service contact email address as a condition of registration, and to further require immediate updating of a changed service contact address. This assures effective service via the efiling system File and Serve function.