Vt. R. App. P. 10
Reporter's Notes-2021 Amendment
Rule 10 is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing.
Rule 10(a)(1) is amended to delete the word "original." With electronic case files and records, there is no original document as the term was understood with paper records. Under V.R.E.F. 12, the official record is the electronic record.
Rule 10(b)(2) is amended to provide that the transcript order must be served on all parties. The rule previously required the transcript order to be emailed to represented parties. Service is controlled by Ruleand incorporates the efiling rules concerning service by and on electronic filers.
Paragraphs 10(b)(8) and (9) are amended to remove reference to the outdated language "in forma pauperis" and instead refer to parties who have received permission to waive the filing fees. For similar reasons, the language "pro bono" is deleted and the rule is amended to refer to production of the transcript without payment by the party.
Rule 10(c), regarding video-recorded proceedings, is removed from the rule because the superior courts no longer use video recording as the official record. In all superior courts, the record is made with an audio recording. Other amendments in Rule 10 remove reference to video-recorded proceedings. Subdivisions (d), (e), and (f) are renumbered (c), (d), and (e).
Newly renumbered Rule 10(c) is amended to specify that where there is a statement in lieu of a transcript, the superior court clerk enters it on the superior court docket and then transmits it to the Supreme Court.
Newly renumbered Rule 10(d) is amended to require the superior court clerk to transmit any approved statement to the Supreme Court.
Reporter's Notes-2020 Amendment
Rule 10(a)(3) is amended to update its language in anticipation of the new case management system, which will be rolled out in phases throughout the state. See Reporter's Notes to Rule. The term "docket entries" is replaced with the term "record of actions," which, as the rule describes, is a general term for the docket entries or case summary. The prior obligation to include the eCabinet registration number for assigned attorneys is removed because attorneys and self-represented litigants using the efiling system must include the number on filings under Rule .
Reporter's Notes-2018 Amendment
Rules 10(b)(1), (3), and (5) and 10(d) are amended to conform their 10-day time periods to the simultaneous amendment of V.R.C.P..
7. That Rulesof the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):