Vt. R. App. P. 13

As amended through April 1, 2024

Rule 13 - Record in Direct Appeals From the Probate Division and Administrative Agencies

(a) Record: Probate Appeals. In direct appeals from the Probate Division, the record consists of the items listed in Rule 10(a), and the questions of law to be determined on appeal.

(b) Record: Administrative Appeals. In appeals from administrative boards or agencies, the record consists of:

(1) the items listed in 3 V.S.A. § 809(e);

(2) any transcript of oral proceedings made in accordance with 3 V.S.A. § 809(f); and,

(3) where required by law, a statement of the questions of law to be reviewed.

(c)Transmitting the Record for Administrative Appeals. The administrative agency or board from which an appeal is taken must transmit the record to the Supreme Court within 14 days after a notice of appeal is filed.

(d)Protection of Restrictions on Public Access for Administrative Appeals. The transmittal by the administrative board or agency must comply with the Rules for Public Access to Court Records. If the decision-making body treats all or part of the record of the case as not publicly accessible, that status will be maintained in the Supreme Court in accordance with Vermont Rule for Public Access to Court Records 6(i).

Vt. R. App. P. 13

Amended Dec. 11, 1980, eff.2/2/1981 ; 8/7/1990, eff.10/15/1990 ; 9/5/1990, eff. 9/5/1990;8/22/1991, eff. 11/1/1991 ; 1993, No. 232 (Adj. Sess.), § 38, eff. 3/15/1995;12/21/2004, eff. 2/21/2005; 1/25/2005,1/31/2005;2/6/2013, effective 4/8/2013;6/11/2013, eff.9/3/2013;8/12/2013, eff.8/12/2013; amended Dec. 10, 2019, eff. 3/2/2020; ; amended July 13, 2021, eff. 8/17/2021.

Reporter's Notes-2021 Amendment

Rule 13 is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing.

Rule 13(a) is amended to delete reference to a certified copy of the record because with access to the electronic case file, there is no need for the case file to be certified. The subdivision is also amended to specify that the record in appeals from the probate division should contain the items listed in Rule 10(a) as with appeals from other superior courts. The second sentence requiring that the eCabinet registration number be included is removed. Although attorneys are required to register in eCabinet under Administrative Order 44, it is not necessary to provide the registration number.

New subdivision (c) clarifies that the administrative agency or board must transmit the record to the Supreme Court within 14 days after the notice of appeal is received. The record may be transmitted in electronic or paper form. The Supreme Court will make the entire record from the agency available to the parties, either by converting it to electronic form, or by making the paper record available for the parties to access.

New subdivision (d) is added to address the scope of privacy protections in records received from an administrative agency or board with respect to an appeal to the Supreme Court from a case decision and how protections are implemented. Rule 13(c) provides that the board or agency must transmit the record of the proceeding from which the appeal is taken. Whether the transmittal occurs electronically or in paper form, the agency or board producing the record is the most knowledgeable entity to take the steps to ensure that privacy protections in the Vermont Rules for Public Access to Court Records are implemented. Thus, the board or agency in transmitting the administrative adjudication record must comply with Rule 7(a)(1) of those rules.

There is an additional reason to place this responsibility on the board or agency. Rule 13(d) provides that the administrative records are also subject to any restrictions on public access to the records imposed in the administrative proceedings. These may be imposed by statute or rule or a sealing order in the administrative proceedings. The agency or board that imposed or administered these restrictions is in the best position to describe how they should be implemented in the appeal process.

Reporter's Notes-2020 Amendment

Rule 13(a) is amended in anticipation of the new case management system, which will be rolled out in phases throughout the state and will have both electronic filing and electronic case files. See Reporter's Notes to Rule 3. Rule 13(a) is amended to clarify that the reference in that rule is to the 2010 Vermont Rules for Electronic Filing.