Vt. R. App. P. 6
Reporter's Notes-2021 Amendment
Rule 6 is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing.
Paragraph (a)(2) is revised to clarify its provisions regarding what happens when the superior court grants permission to appeal. Paragraphs (a)(4) and (5) list the contents of the motion for permission to appeal that must be filed in the Supreme Court when the superior court denies permission to appeal, and what must be served. Paragraph (a)(6) is amended to clarify that any party can file a response to a motion for interlocutory appeal. Paragraph (b)(7) provides that the entry is fee must be paid within 14 days of when the Supreme Court accepts the appeal.
Rule 6(b)(7) provides that the Supreme Court may request items that are part of the record but not in the electronic case file. This may include media exhibits, such as audio or video recordings, or paper filings that were not converted into the electronic case management system. Under 6(b)(10), if the Supreme Court accepts the appeal, the entry fee is due within 14 days. Paragraph (b)(11) clarifies that the date of filing the notice of appeal is considered the date that the Supreme Court's decision is entered in the Supreme Court docket, not the superior court docket. Supreme Court to appeal, the fee is due once the Supreme Court accepts the appeal. Electronic filers can pay the fee through the electronic filing system. Efilers and nonelectronic filers may also mail or deliver a check to the Supreme Court. If the Supreme Court does not accept the appeal, no fee is required. If accepted, a case follows the rules for other appeals. For example, the docketing statement and transcript order will be filed after the appeal is accepted.
Reporter's Notes-2020 Amendment
Rule 6(a)(2)(B) and 6(b)(10)(C) are amended to update the language in two ways 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 6(a)(2)(B) is amended to allow an order to be "transmitted" instead of "mailed" to allow electronic or other types of transmission. The term "docket entries" formerly used in both 6(a)(2)(B) and 6(b)(10)(C) is replaced with the more general term "record of actions."
Reporter's Notes-2018 Amendment
Rules 6(a)(1), (4) and (6), and Rules 6(b)(2) and (10)(B) are amended to conform their 5-day and 10-day time periods to the simultaneous amendment of V.R.C.P. 6(a) and for internal consistency with appellate motion practice.
6. That Rules 10(b)(1), (3), and (5) and 10(d) of the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):