Vt. R. App. P. 6

As amended through April 1, 2024

Rule 6 - Discretionary Appeals

(a)Appeals from Final Judgment Based on Superior Court Permission.

(1) When an appeal from a final judgment may be taken only with the superior court's permission, the party seeking the appeal must file a motion for permission to appeal with the clerk within 10 days of the date of the entry of the judgment or order to be appealed from. The running of the time for filing a motion for permission is tolled to the extent provided, and for the grounds stated, in Rule 4(b).

(2) If permission to appeal is granted by the trial court:

(A) the court must issue and sign an order permitting the appeal and stating whether the proceedings will be stayed and, if so, whether the stay will be on conditions necessary to protect the rights of the adverse party; and

(B) the party appealing must pay any required entry fee; and

(C) the superior court clerk must transmit the appeal to the Supreme Court clerk.

(3) The action will be entered, considered, and determined in the Supreme Court, as provided by these rules for other appeals.

(4) If the superior court denies permission to appeal, the party seeking permission may, within 14 days after entry of the order of denial, file a motion for permission to appeal in the Supreme Court. The motion and supporting documents must include:

(A) the questions to be raised on appeal;

(B) the facts necessary to understand the questions;

(C) the reasons why an appeal should be permitted;

(D) the order from which an appeal is sought; and

(E) the order denying permission to appeal.

(5) The moving party must serve the motion and supporting documents on all other parties.

(6) Within 14 days after service of the motion, any party may file and serve a response to the motion.

(7) The matter will be determined on the motion response answer without oral argument unless the Supreme Court orders otherwise. If the motion for permission to appeal is granted, the moving party must pay any required entry fee to the Supreme Court clerk within 14 days after entry of the order accepting the appeal.

(b)Appeals from Final Judgment Based on Supreme Court Permission.

(1) When an appeal may be taken only with the Supreme Court's approval, the party seeking to appeal must file a request for permission to appeal with the superior court clerk.

(2) The request for permission must be filed within 14 days of the date of the entry of the judgment or order to be appealed from, except that the running of the time for filing a request for permission is terminated to the extent provided, and for the grounds stated, in Rule 4.

(3) The request must contain a statement of the question or questions of law to be raised on appeal, and may contain argument and documents or exhibits.

(4) The request cannot exceed 3000 words, and must include a certificate of compliance with this limit by the attorney, or self-represented party. The person preparing the certificate may rely on the word or line count of the word-processing system used to prepare the brief. The certificate must state the number of words in the brief and identify the word-processing system used.

(5) The appellant must serve copies of the request on all parties.

(6) The superior court clerk must send the request to the Supreme Court clerk.

(7) The Supreme Court clerk may request documents or exhibits that are part of the record and not in the electronic case file to facilitate consideration of the request.

(8) No oral argument will be heard on a request for permission to appeal.

(9) The Supreme Court will issue a written decision on the request and transmit it to the superior court clerk for entry.

(10) If the Supreme Court grants permission:

(A) The order permitting the appeal must state whether the proceedings will be stayed and, if so, whether the stay will be on conditions necessary to protect the rights of the adverse party;

(B) the appellant must pay to the Supreme Court clerk the entry fee required under 32 V.S.A. § 1431 within 14 days after the Supreme Court's entry of the order accepting the appeal; and

(C) the appeal will be considered, and determined in the Supreme Court as provided by these rules for other appeals.

(11) Where time limits under these rules depend on the date of filing the notice of appeal, the date of the entry of the Supreme Court's order in the Supreme Court will constitute the date that the notice of appeal was filed.

Vt. R. App. P. 6

Added Jan. 9, 1985, eff. 3/15/1985; 10/19/1999, eff. 12/31/1999; 6/11/2013, eff. 9/3/2013; 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 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):