Rule 1 - Scope of Rules, Title and Effective Date(a) Scope of rules. These rules govern procedure in all appeals to the Supreme Court from the Superior Court or an administrative board or agency and in matters of original jurisdiction unless expressly modified by rule or statute. (b) Rules Not To Affect Jurisdiction. These rules do not extend or limit the Supreme Court's jurisdiction. (c) Terminology. For the purpose of appeals under these rules: (1) the term "superior court" includes the Civil, Criminal, Family, and Environmental Divisions of the Superior Court, and also includes the Probate Division or any administrative board or agency when an appeal is taken from a decision in which an appeal is permitted by law; (2) the terms "presiding judge," "judge," or "court" include the superior court judge, environmental judge, probate judge, or the administrative board or agency from which appeal is sought, as appropriate; (3) the term "clerk" includes the superior court clerk, the clerk of the Environmental Division, the register of probate, or clerk, register, commissioner, or presiding officer of the administrative board or agency appealed from, as appropriate. (4) the terms and variations of them set forth in 2020 V.R.E.F. 2, V.R.C.P. 83, V.R.Cr.P. 54(c) and (d), V.R.F.P. 13(c), V.R.E.C.P. 6, and V.R.S.C.P. 1(b), so far as applicable in appeals to the Supreme Court from actions and proceedings governed by those rules, have the meaning indicated in those rules unless the context clearly dictates a different meaning. (5) the term "entry fee" refers to the fee required to initiate a cause in the Supreme Court under 32 V.S.A. § 1431; the term "efiling fee" or "electronic filing fee" refers to the fee required to transmit a document into the efiling system; the term "filing fee" refers to any other court fee. (6) the term "record of actions" refers to the docket entries or case summary that records the actions and orders in a particular case. (7) the term "Appeal Volume" is a court-generated PDF containing a table of contents and all the documents filed and created in the trial court proceeding that are contained in the electronic case file.(d) Title. These rules may be cited as the Vermont Rules of Appellate Procedure or V.R.A.P. (e) Effective Date of Rules. These rules take effect on July 1, 1971, and govern all proceedings in actions where the notice of appeal is filed after that date. (f) Effective Date of Amendments. Amendments to these rules take effect on the day specified in the order adopting them. The amendments govern all proceedings after they take effect, and all further proceedings in appeals then pending. The Court may conclude, however, that the application of the amendments in a particular pending appeal would not be feasible or would work injustice, and in those cases, it will apply the former procedure. Amended Aug. 7, 1990, eff. 10/15/1990; 12/21/2004, eff. 2/21/2005; 1/25/2005, eff. 1/31/2005; 7/1/2010, eff. 7/1/2010; 6/11/2013, eff. 9/3/2013; amended July 13, 2021, eff. 8/17/2021.Reporter's Notes-2021 Amendment
The Vermont Judiciary is transferring to a new electronic case management system (CMS) entitled Odyssey, and electronic filing through Odyssey File and Serve (OFS). The new CMS and OFS are being used in all the superior courts and the systems will roll out to the Supreme Court. These rule changes are a necessary part of that transition.
Subdivisions 1(a) and (f) are amended to clarify that the appellate rules apply to both cases on appeal and matters of original jurisdiction, unless expressly modified by another rule. For example, proceedings on petitions for extraordinary relief have different procedures under Rule 21. Further, original jurisdiction matters concerning attorney discipline, attorney licensing, or judicial conduct have sets of rules that provide additional procedures for those proceedings.
Rule 1(c)(4) is amended to indicate that the definitions in the Vermont Rules for Electronic Filing apply. Definitions are added in new paragraphs (c)(5)-(7). Rule (c)(5) defines entry fee, efiling fee, and filing fee. Rule 1(c)(6) provides a definition for the general term record of actions, which is created by the docket clerk pursuant to Rule 45, which requires the clerk to maintain a docket of the actions taken in the appeal and to record documents filed and orders issued. This was referred to as the docket entries in the legacy filing system. The CMS refers to these as the case summary. Record of actions is used a more general term to encompass both. Rule (c)(7) provides a definition for appeal volume, which is a PDF document created by the court using the information in the CMS. The appeal volume contains documents that are in the electronic case file, as defined in 2020 V.R.E.F. 2(c). As the courts transition to the CMS, some trial court cases have paper as well as electronic files. The appeal volume contains only the PDF documents and does not include media files. A photograph included in a PDF document may be part of the appeal volume.