Vt. R. App. P. 11
Reporter's Notes-2021 Amendment
Rule 11 is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing.
The heading of Rule 11(a) referring to forwarding the record is deleted as is the second half of paragraph (a)(1) requiring the appellant to do whatever is necessary to enable the clerk to assemble and forward the record. The appellant is not responsible for providing the Supreme Court with the record on appeal. For appeals from superior court decisions, the Supreme Court will have access to the electronic case record. For appeals from executive-branch agencies and boards, the agency will send the record to the Supreme Court.
Rule 11(b)(1) is updated to provide that the superior court must transmit the appeal to the Supreme Court and send any items that are part of the record but not in the electronic case file. The superior courts have not converted all cases completely into the electronic case file. For cases with both paper and electronic records, the superior court must transmit the paper file to the Supreme Court. In addition, the superior court must send any media exhibits that are not contained in the electronic case file. Under (b)(3), the superior court is not required to send bulky or heavy exhibits that are not in the electronic case file. Rule 11(b)(4) is amended to remove the requirement of indicating on the record when it was forwarded. This step is not necessary with an electronic case file.
Subdivisions (c)-(g), which contained provisions on extending the time to send the record and retaining the record in the superior court are deleted. These provisions are no longer necessary because with electronic case files, the superior court and Supreme Court can access the same documents at the same time.
Reporter's Notes-2020 Amendment
Rule 11(b), (c), and (e) are amended to update 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 3. Rule 11(b)(4) is amended to allow the record to be transmitted rather than sent to allow for electronic or other types of transmission. The term "docket entries" formerly used in Rule 11(c)(1)(B) and (e)(1) and (3) is replaced with the more general term "record of actions."
Reporter's Notes-2018 Amendment
Rules 11(a)(2) and (b)(1) are amended to conform their 15-day time periods to the simultaneous amendment of V.R.C.P. 6(a).
8. That Rule 26 of the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):
Reporter's Notes-2017 Amendment
On March 9, 2015, Rule 11(b)(3) was amended in an emergency order as part of the Supreme Court's effort to obtain cost savings in the operations of the clerk's offices in all courts by saving clerk time. The emergency amendment became effective April 10, 2015. That amendment is now made permanent. 2. That this rule, as now made permanent, is effective December 18, 2017. The Reporter's Notes are Advisory. 3. That the Chief Justice is authorized to report this amendment to the General Assembly in accordance with the provisions of 12 V.S.A. § 1, as amended. Dated in Chambers at Montpelier, Vermont, this 17th day of October 2017.