Vt. R. App. P. 11

As amended through April 1, 2024

Rule 11 - The Record

(a)Appellant's Duty.

(1) After filing the notice of appeal, the appellant must comply with Rule 3(e) and Rule 10(b).

(2) If there are multiple appeals from a judgment or order, each appellant must comply with the provisions of Rule 10(b) and this subdivision, and the clerk must transmit a single record within 14 days after the last notice of appeal is filed.

(b)Clerk's Duty To Transmit the Record; Transcript.

(1) Within 14 days after filing of the notice of appeal, the superior court clerk must transmit the appeal to the Supreme Court The superior court clerk must send any documents or audio or video exhibits not contained in the electronic case file but part of the record on appeal.

(2) In any criminal case where the defendant receives a sentence of life imprisonment and has not waived appeal, the superior court clerk must expeditiously perform all actions required under this rule without any notification or assistance from the appellant.

(3) Unless directed to do so by a party or the Supreme Court clerk, the superior court clerk will not send unusually bulky or heavy documents, and physical exhibits that are not in the electronic case file but are part of the record on appeal.

(4) The record is considered transmitted when the superior court clerk sends it to the Supreme Court clerk.

(5) When each transcript is complete, the transcriber will promptly notify the Supreme Court clerk and the parties, indicate the balance due, and, upon payment, deliver the transcript to the ordering party and the Supreme Court. If the transcript has not been filed electronically, the appellant must file the original with the Supreme Court clerk at or before the time of oral argument.

Vt. R. App. P. 11

Amended March 2, 1973, eff. 10/1/1973; Supreme Court order 4/9/1974; 8/7/1990, eff. 10/15/1990; 6/11/2013, eff. 9/3/2013; 3/9/2015, eff. 4/10/2015; amended Sept. 20, 2017, eff. 1/1/2018; amended Dec. 10, 2019, eff. 3/2/2020; amended July 13, 2021, eff. 8/17/2021.

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.