Vt. R. App. P. 45.1

As amended through May 6, 2024

Rule 45.1 - Appearance and Withdrawal of Attorneys

(a)Appearance: In General.

(1)Docketing Attorneys of Record. At the time the appeal is filed, the Supreme Court clerk must enter the names of the parties' attorneys as they appear in the superior court record.

(2)Changing Attorneys.

(A) If, while an appeal is pending, a party changes an attorney, the name of the new attorney will be substituted on the docket for that of the former attorney.

(B) All notice given to or by the first attorney will be construed as notice to or from the client until the notice of a change in attorney has been filed, except in cases where the law requires that the notice be given to the party personally.

(3)Self-Representation.

(A) These rules do not prevent a party from being self-represented.

(B) A self-represented party is subject to the same rules that are or may be provided for attorneys in like cases, so far as the same are applicable.

(C) A party choosing self-representation after the appeal has been docketed must file an appearance with the clerk. The appearance must:

(i) be in writing;

(ii) be signed;

(iii) state the party's resident address, telephone number, and any email address; and

(iv) be served in accordance with Rule 25.

(b)Form; Service.

(1) Appearances by new attorneys must be filed in writing with the clerk and served in accordance with Rule 25.

(2) The attorney must sign the appearance in the attorney's individual name and must state the attorney's office address, telephone number and email address.

(c)Multiple Parties.

(1) Appearances by new attorneys must specify the party for whom they appear.

(2) If there are several plaintiffs or defendants, the new attorney will be deemed to be appearing for all, unless stated otherwise.

(d)Attorneys Not Admitted in Vermont.

(1) An attorney not admitted to practice before the Supreme Court may only appear or be heard if he or she is associated with an attorney admitted in Vermont who has entered an appearance in the case.

(2) An attorney not admitted to practice before the Supreme Court must comply with - or previously have complied with in the superior court in the proceedings below - the requirements of § 16 of Administrative Order No. 41, Licensing of Attorneys.

(e)Withdrawal: In General.

(1) Once an attorney's name is entered on the docket, the attorney must remain as counsel until the Court grants leave to withdraw.

(2) After the appeal has been docketed, leave to withdraw will be granted only for good cause and on those terms as the Court may order.

(3) The Court will not consider a motion to withdraw until the clerk has given notice to the party of the motion with either the date and time of hearing thereon, or at least 14 days to file a written response to the motion.

(4) The only exception to the above subsection is when:

(A) an attorney includes with the motion an affidavit stating that after diligent search the attorney cannot determine the present address of the party; or

(B) another attorney has entered an appearance for the party.

(f)Notification of Party.

(1) When an attorney has been granted leave to withdraw, the clerk must:

(A) notify the party by mail of the withdrawal; and

(B) inform the party that unless the party files an intent to be self-represented or appears by an attorney within 30 days after receipt of the notification, the appeal will be dismissed or resolved, notwithstanding the party's lack of representation.

Vt. R. App. P. 45.1

Added Dec. 12, 1985, eff. 4/1/1986; amended March 15, 2006, eff. 6/30/2006; 2/6/2013, eff. 4/8/2013; 6/11/2013, eff. 9/3/2013; 8/12/2013, eff. 8/12/2013; amended Sept. 20, 2017, eff. 1/1/2018; amended Sept. 5, 2018, eff. 11/5/2018; amended Dec. 10, 2019, eff. 3/2/2020; amended July 13, 2021, eff. 8/17/2021.

Reporter's Notes-2021 Amendment

Rule 45.1(g), which required attorneys to provide an eCabinet registration number on initial filings, is deleted. Although registration in eCabinet is still required by Administrative Order 44, there is no need to provide the registration number on filings.

Reporter's Notes-2020 Amendment

Rule 45.1 is amended in anticipation of the new case management system, which will be rolled out in phases throughout the state, and the concurrent use of both electronic filing and electronic case files. See Reporter's Notes to Rule 3.

Rule 45.1(a) is amended to remove the term "docket entries" and refer more generally to the superior court record.

Rule 45.1(g) is amended to clarify that the reference is to the 2010 Vermont Rules for Electronic Filing.

Reporter's Notes-2018 Amendment

Rule 45.1(d) is amended to comport with general revisions of Administrative Order No. 41, governing Licensing of Attorneys, effective May 15, 2017. In the revision and restyling of A.O. 41, former § 13, Admission Pro Hac Vice, is now designated as § 16 of A.O. 41.

Rule 45.1(e)(3) is amended to conform its 7-day time period to the simultaneous amendment of V.R.C.P. 6(a).

15. That these rules and forms, as added or amended, are prescribed and promulgated effective January 1, 2018. The Reporter's Notes are advisory

16. That the Chief Justice is authorized to report these amendments to the General Assembly in accordance with the provisions of 12 V.S.A. § 1, as amended.

Dated in Chambers at Montpelier, Vermont, this day of September, 2017.