Vt. R. App. P. 3
Reporter's Notes-2021 Amendment
Rule 3(b)(1)(A) is amended to clarify that in appeals from executive-branch administrative boards and agencies any required entry fee must be paid within 14 days of when the appeal is opened. Executive-branch appeals have always been filed with the board or agency where the decision on appeal was made. Traditionally, appellants provided a check to the board or agency to be forwarded to the Supreme Court. With the implementation of electronic filing and electronic case management, most agencies will transmit the appeal to the Supreme Court electronically, making it difficult to send a paper check. Once the clerk opens the appeal in the Supreme Court, efilers can pay the fee through the electronic filing system. Efilers and nonelectronic filers may also mail or deliver a check to the Supreme Court.
Rule 3(b)(1)(B) is amended to indicate that although the notice of appeal must be served on counsel of record and any self-represented parties, a copy must be sent to the Supreme Court clerk. For electronic filers, the copy can be sent to the Court by using the courtesy copy function in File and Serve and using the general Supreme Court email address, firstname.lastname@example.org.
Rule 3(d)(2) is deleted. It previously required attorneys and self-represented litigants to include an eCabinet registration number. Although registration remains a requirement under Administrative Order 44, it is not necessary to put the number on filings. The remaining paragraphs are renumbered.
Minor wording changes are made to reflect more common word usage. In Rule 3(b)(1)(A), the word "permitted" is deleted so the rule refers to simply "an appeal as of right" to avoid any confusion with appeals by permission under separate rules. In Rule 3(b)(1)(D), the article "a" is added before the word ground. In Rule 3(b)(2)(B)(iii), the final sentence is amended to "had" instead of "has."
Reporter's Notes-2020 Amendment
Rule 3(b)(2)(B)(ii) is amended to update its language in two ways in anticipation of the new case management system, which will be rolled out in phases throughout the state. With the new case management system, there will be both electronic filing and electronic case files. The rollout will initially be in divisions of the superior court, and the Supreme Court will be at the end of the rollout period. The amendments to the appellate rules are made to accommodate appeals from cases that were filed under the new case management system and have electronic case files. When the case management system is implemented in the Supreme Court, further amendments to the appellate rules will be required.
The rule is amended to use "transmit" instead of "mail" to allow electronic or other types of transmission of the notice of entry of judgment. The term "docket entries" is replaced with the more general term "record of actions" in anticipation of the new case management system.
Rule 3(d)(2) is amended to clarify that the reference in that rule is to the 2010 Vermont Rules for Electronic Filing.
Reporter's Notes-2018 Amendment
Rule 3(e) is amended to conform its 10-day time periods to the simultaneous amendment of V.R.C.P.. See Reporter's Notes to that amendment.
2. That Ruleof the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):