Vt. R. App. P. 4
Reporter's Notes-2021 Amendment
Rule 4(a)(6) is amended to specify that subsequent notices of appeal must be filed in the superior court.
Reporter's Notes-2018 Amendment
Rule 4(a)(2) is amended to clarify that the State must file an appeal within 7 business days. This conforms to the concurrent amendment to.
Rule 4(b)(7) is amended for internal consistency with V.R.C.P.and .
Rules 4(c)(1) and 4(d)(3) are amended to conform their 7-day and 10-day time periods to the simultaneous amendment of V.R.C.P..
3. That Ruleof the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):
Reporter's Notes-2017 Amendment
Rule 4(f) is adopted in response to the Supreme Court's request in In re Bruyette, 2016 VT, § , _ Vt. _, 136 A.3d 575 (per curiam), that the Civil Rules Committee "propose appropriate amendments ... to facilitate application of' the prison mailbox rule in Vermont. The rule is similar, but not identical, to F.R.A.P. 4(c)(1) as most recently amended effective December 1,2016. The Vermont rule provides that deposit of a notice of appeal in the internal prison mailing system can constitute timely filing and requires use of a prison "legal mail" system if available. The rule also explicitly creates a rebuttable presumption that the filing is timely if accompanied by a notarized statement showing deposit in the institution's internal mailing system on or before the last day for filing. Paragraph (3) follows the federal rule in allowing evidence of timely filing other than the notarized statement. Unlike the federal rule, the rule does not require a statement that postage has been or "is being" prepaid, nor does it give the Court discretion to allow later filing of the notarized statement.