Vermont Bar Association

Introduction to the New VT Judiciary Case

Management System & New E-filing Rules

WEBINAR: June 3, 2020

10am - 11:30am

Faculty:

Hon. Katherine Hayes

Andy Stone, Esq.

Vermont Electronic

Filing Rules 2020An Introduction

Katherine A. Hayes, Superior Judge

June 3, 2020 Vermont Bar Association Webinar

To whom do the rules apply?- Rule 1

• The rules apply to ALL users of the Vermont Odyssey File and Serve system

• Currently- File and Serve can be used in Windsor, Orange and Windham

Counties, in all dockets, and in the Judicial Bureau

• The Court Administrator will issue administrative orders, at least 30 days

before each new rollout of the system, to be effective on the date of that

rollout, making the rules effective in each new area.

Next rollouts:

• September 2020-- Odyssey Case Management System--– Bennington, Rutland, Addison, Chittenden and Environmental Court (BRACE)

• E-filing to begin mid October 2020

• February 2021-- Odyssey CMS– Caledonia, Essex, Franklin, Grand Isle, Lamoille, Orleans, Washington (CEF-GLOW) Attorney Licensing and Regulation will likely be included.

• E-filing to begin mid-March 2021

• Supreme Court, and Jury management systems will rollout after the trial court rollouts.

Mandatory e-filing– Rule 3

•All attorneys must e-file

•All self-represented litigants must e-file for

the duration of any case that they choose to

e-file in.

Exceptions: Any party may seek an exception to e-

filing when needed. Rule 3

• Grounds for exceptions to e-filing:

• A statute or rule REQUIRES paper filing (e.g. an original will in an estate case). Rule 3(c)

• The document can’t be efiled due to size, shape, or condition. Rule 3(b)(6).

• Due to confidentiality needs or “for other good cause.” Rule 3(b)(3) (court permission required)

• An e-filer has a technological or other “exceptional” temporary problem that prevents them from e-filing (e.g. computer breakdown, power outage, internet outage) (court permission should be sought by motion filed with the paper filing). Rule 3(b)(4).

• The e-filing system is not functioning, and you made reasonable efforts to e-file. Rule 3(b)(7).

• A self-represented litigant may seek permission to stop e-filing in a case in which they chose to e-file, for “good cause,” and after giving notice to all other parties. Rule 3(d)(2).

E-filing registration- Rule 4

• In order to e-file, you have to register. https://vermont.tylerhost.net/ofsweb

• In order to see your files, you have to register in the public portal, and you have to

apply for elevated access. Rule 4(c) https://publicportal.courts.vt.gov/Portal/

• By registering for e-filing you are consenting to be served with documents in all

of your cases at the email address you use to register. Rule 4(b)(1)

• You’re responsible for all documents that are efiled using your account, and for

keeping your registration updated with correct information about your e-mail

address. Rule 4(b)(2)-(3).

Basic E-filing requirements– Rule 5

• You must sign and include your mailing address and e-mail address on all documents e-filed. Rule 5(b)(2)-(3)

• You must make sure your filing complies with the Vermont Rules for Public Access to Court Records (VRPACR), and certify that compliance. Rule 5(b)5)-(6)– Most commonly this means redacting social security numbers and other confidential numbers (bank accounts, etc.).

• When you initially file a case you are required to add the “service contacts”– names and e-mail addresses for all parties. This ensures that they will be sent electronic copies of all documents filed, and all orders/notices issued by the court in the case. Rule 5(b)(7)

• A filing will be accepted as filed on a date if filed before midnight. Rule 5(c) (1)

Staff review of e-filings– Rule 5

• Staff will review each e-filed document, and you’ll receive notice when it has been accepted. Rule 5(d)(1)-(2)

• Delay in staff review does not change the date of filing – the date you filed is the filing date.

• If a filing is not accepted, you’ll be given up to 7 days (you can ask for more time) to correct and resubmit it– and if you do so, and it’s accepted, the date of filing will be the date of the first, unaccepted filing. Rule 5(d)(4)

• When a new case is filed and accepted by staff, it is assigned a case number through the system.

Docket Number v. Case number

• Old docket number system: number of filing in docket, month of filing, year of filing, unit and case type– e.g. 155-6-12 Wmcv

• New case number system:

• Statewide numbering – unit not included in number

• Month not included in number

• Instead: year, case type, number of case: E.g. – 20 cv 00155.

• The unit in which the case is filed, and the specific date of filing is included on the case summary which is the first page of every case file: e.g.

Labels for motions/petitions– Rule 5• Motions should not request independent forms of relief– i.e. motion for contempt

and motion for enforcement– this should be filed as 2 separate motions. Rule 5(f)(2)

• Motions and responses to motions should be filed as separate documents. Rule 5(f)(3)

• You may file one memo in support of motions and responses, but you must do it separately, and label it so that it is associated with all the filings it relates to. Rule 5(f)(4)(A).

• Pages in supporting documents for more than one filing should be numbered. Rule 5(f)(4)(D)(i).

• If many separate supporting documents are filed, there should be a table of contents, with page numbers referenced. Rule 5(f)(4)(D)(ii)

Non-Electronic Filings

• Will be scanned into the electronic file by staff. Rule 6(a)

• If a document is filed in non-electronic format without permission from the court,

and it is required to be filed electronically, it will not be accepted by staff. Rule 6(b)

• A corrected filing may be made within 7 days, if a non-electronic filing is rejected.

(It must state that it is a corrected filing). The official date of filing will be the date

of the initial, rejected filing. Rule 6(c).

• Nonelectronic filings in existing paper files will be scanned into the new electronic

filing as needed and as directed by the Court Administrator. Rule 6(d)

Format of documents- Rule 7

All e-filed documents:

• Must be in PDF format

• They should be 8 ½ by 11” format

• They must not contain viruses or malware

• They must not be password protected.

• Must have certification of VRPACR compliance. Rule 7(a)-(b)

All non-e-filed documents:

• Must be clearly legible and dark enough to be legible after scanning

• Must have certification of VRPACR compliance. Rule 7(c)

Exhibits—Rule 8

• Exhibits that are offered at a trial or hearing will be scanned into the case file.

• If they’re admitted, court staff will tag the exhibit to show that.

• If it can’t be scanned in, the court may require you to photograph an exhibit, and that may be scanned in. The original will be retained in a non-electronic filed for the case, and that will be noted in the court’s electronic file.

• If you’re ordered to pre-file exhibits for a hearing or trial, you’ll be expected to do so electronically.

Signatures – Rule 9

• You can sign e-filed documents in multiple ways- Rule 9(a)(2):

• /s/ typed name

• Picture of your signature

• True electronic signature: “an electronic sound, symbol, or process attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.” 9 V.S.A. Sec 271(9).

• All signatures should include the filer’s typed name, mailing address, and registration e-mail address in the signature block.

• Stipulations and documents with multiple signatures– may include ink signatures, but if they have ink signatures, the “original” must be retained for 2 years or until case is fully resolved, whichever is later, and a PDF copy should be filed with the court. Rules 9(a)(4), 9(b).

Notarization• During the pandemic emergency, under Act 95, whether a document is filed with the court

electronically or otherwise:

• The “emergency period” is from March 13, 2020 to 30 days after the state of emergency is terminated by the Governor

• During this period, the requirement of a notary’s attestation is waived for all filings, and:

• “a party may file any document that would otherwise require the approval or verification of a notary by filing the document with the following language above the signature and date:

“I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or other sanctions in the discretion of the court.”

• However, even after this provision expires, under 4 V.S.A. § 27b, the same provision applies to all E-FILED documents. The above declaration (without reference to other sanctions) is sufficient, without any notarization.

These exceptions do not apply to search warrant or NTO applications.

Actually notarized documents

• If you want to e-file a document that is in fact notarized, the original should

be scanned and e-filed, and the original must be retained for two years or

until the case if finally resolved, whichever is later.

• If a filer has permission to file non-electronically, they do not have to file the

original of a notarized document, but can file a copy of it. If they file a

copy, they still have to retain the original for two years or until the case is

resolved.

Fees- Rule 10

• Filing fees can be paid electronically, and should be paid when due. Rule 10(a),(b)

• Any filer who will be representing people who are eligible for waiver, or who is themselves a “waiver” filer (state agency, for example) needs to set up a waiver account through the e-filing system , and indicate payment is by waiver when filing on behalf of the eligible person or entity. Rule 10(c)

• The efiling user fees are set in the contract between the Vermont Judiciary and Tyler.

• Efiling user fees are not applicable to:

• criminal, juvenile, and mental health case related filings

• State agency filings

• filers who have applied for and been granted filing fee waivers or who are in the process of filing such an application (if denied, the fees must be paid).

Service- Rule 11

• Initial filings must be served as the Civil and other rules and statutes currently require. Rule 11(a).

• Proof of service must be filed for all initial filings. Rule 11(a)

• Subsequent documents among e-filers will be served electronically, by e-mail, and no certificate of service required. Rule 11(g)(1).

• However, the filer should certify in the filing that service wasn’t required or that all efilers were served through the system. Rule 11(g)(3)

• Service of documents not filed with the court:

• the “service only” function in the File and Serve system may be used for serving a party with discovery or discovery responses—this is optional, not required. if the parties agree to simply e-mail each other discovery requests and responses outside the e-filing system, they can do so. The agreement should be e-filed. Also, however they’re served on a party, a certificate of service of discovery requests and responses still needs to be e-filed with the court.

Official record and Certified copies– Rule 12

• Documents that are e-filed or that are scanned into the electronic case file

are the official record of the case.

• Non e-filed documents need not be retained by the court—there will be NO

PAPER COPIES in the court’s record of e-filed documents or non e-filed

documents that are scanned into the case, unless required by court rule or

statute.

• Court staff can still provide certified copies of the official documents in a

file as always—either on paper or electronically.

Electronic Filing with Odyssey File

and Serve and Electronic Case Access with the

Public Portal Presentation for Vermont Bar Association

June 3, 2020

Understanding the Odyssey System: Three Core Components

1. Odyssey Case Manager:

Internal case management

system used by court staff

Contains official case

records including official

electronic versions of

documents

Only accessible from JUD

computers & networks

1. Odyssey Case Manager

Understanding the New System: 3 Core Components

1. Odyssey Case Manager

2. Odyssey File and Serve

Web-based program for eFiling new cases and subsequent filings in existing cases.

Does NOT provide access to full case record. Party names are masked on non-public cases (requires knowing county + case # to file into existing case)

Accessible from most browsers and devices.

Will be used by attorneys, agencies and some self-represented litigants

Documents uploaded as PDFs by filer

Documents and data transfer into Odyssey Case Manager after clerk review and acceptance.

2. Odyssey File and Serve

Located at:

https://vermont.tylerhost.net/OfsWeb/

Or follow “E-FILING” link on

Judiciary website.

Understanding the New System: 3 Core Components

1. Odyssey Case Manager

2. Odyssey File and Serve

3. Public Portal

Web-based platform for accessing case information and documents, hearing calendars and for making payments on criminal and judicial bureau fines.

Displays case information in case summary (docket sheet/DDR) format as well as displaying case documents that exist in electronic format.

Variable access levels depending on registered role. Not all cases and information are available to all users.

3. Vermont Judiciary

Public Portal

Located at https://publicportal.courts.vt.gov/Portal/

Or follow “Public Portal” link

on Judiciary website.

Information Flows Between all 3

Components

Fines

$$$

Case

info &

Docs

Case

Filings

Limited case

data to allow

filing

A Note about Hearing Calendars : Registered Portal users will

have access to the “Search

Hearings” function. Like

everything else on the

Portal, this search function

is rights-based; only

hearings on cases to which

the user has a right of

access will appear in the

hearing search results.

Full hearing calendars will

continue to be posted on the

Judiciary website; those

calendars integrate hearings

in both Odyssey and non-

Odyssey courts.

Odyssey File and Serve (eFiling):

The Basics

Replacing eCabinet region by region as

Odyssey rolls out to each court.

Will Be Available to all Court users in all

dockets (mandatory only for attorneys)

Optional eService on subsequent filings

Filings accepted in PDF format

Fees paid as part of filing process

3 Types of Registration:

Firm AdminFirm User

Individual User

Self-registration through website: neither court staff nor Judiciary Helpdesk

can complete registrations for users.

Any group or organization can register as a “firm”, whether or not any

attorneys are part of the organization.

A firm must have a “firm administrator” who should be the first person to

register: the firm administrator will create the firm in the efiling system and

then send a link for others to register as firm users.

Both attorneys and non-attorneys may all register in a “firm” and submit

filings. Admin staff can submit filings on behalf of an attorney.

Resources Available in Self Help

Tyler User Guides

-Firm Admin

-Firm User

-Individual User

VT User Guides

FAQs

Training Videos

Web Trainings

Support Contact Info

Live Chat

Additional Resources available onwww.vermontjudiciary.org

The Filer Dashboard

The Filer Dashboard

My Filing Activity: everything that YOU (just

you, not your whole firm) have filed, or are

working on filing

The Filer Dashboard

“Actions” Dropdown: allows

you to jump between various

functions and to return

quickly to Dashboard

Note

additional

options only

for Firm

Admins

The Filer Dashboard

2 Options for

Filing: Start a New

Case or File into

Existing Case

What is a “Template”?Filers can create templates for

common types of filings, where

all standard (non-case specific)

info can be pre-configured to

minimize repetitive manual

entry with each filing.

Filing a New Case: 4 Steps

1. Case Information

2. Party Information

3. Filings

4. Fees

Step 1: Case Information

Choose County, Case Category

and Case Type

Need to save

changes after

each section

Step 2: Party Information

Must add

required default

party types for

the case type.

Can also add

additional

parties of any

type.

Step 3:

Filings

Select filing code:

see division-specific

filer guides on court

website for correct

codes to use.

Optional fields,

used for various

purposes

Document upload

from computer or

network drive,

must be in PDF

format

Step 3: Filings (cont.)

Docs

uploaded in

PDF format,

filer selects

security

Every filing

needs a Lead

Doc,

attachments

are optional

“Optional Services” include certified

and first class mail service by the Court

as well as photocopies and other

services, and may be selected here.

Step 4: Fees

Filer selects

payment

account: e-

check and/or

credit card (set

up by firm

admin), or

Waiver for

qualifying

filings.

Step 4: Fees (cont.)

When “Waiver”

is selected, all

fees, including

system use fees

are $0.

Waiver of fees

is granted to

all

government

agency filers,

most criminal

filers and any

filer who

qualifies for a

Waiver of

Filing Fees

(IFP – the

application

must be

submitted

along with the

filing)

Step 4: Fees (cont.)

When

Waiver is

not used,

system will

charge the

standard

filing fee

+$5.25 per

envelope

system fee +

a credit card

processing

fee of 2.98%

of the filing

fee.

2. Submission Agreement

Mandatory for all filings: Certifying compliance with VT Rules of Public Access to

Court Records (with particular emphasis on segregation of non-public information

as required by VRPACR 7(a).

After Submission:Immediate email

confirmation/receipt

of successful

submission

• Will include

Envelope #

to track

filing until

reviewed

and accepted

After Submission (cont):Court staff review incoming

envelopes during normal business

hours

• Filer receives email

notification when clerk has

reviewed the envelope

• If accepted,

notification will

include system-

assigned Case # (docket

#)

• If rejected,

notification will

include message from

clerk regarding

corrective actions

needed.

• Filer may correct

and re-submit

same envelope

Subsequent Filings in Existing

CasesFiler must know

correct county

Public cases can be

found by party

name or case #.

Confidential cases

have party names

masked and can

only be found by

Case #.

eService in Odyssey File & Serve

• An integrated process for simultaneously filing documents with the

court and serving on opposing parties/counsel.

• Also offers a standalone eService option for documents served on

other parties but not filed with the court (e.g discovery

documents)

• Status of eServed documents is tracked in the system, including when

sent and if/when opened.

• eFilers have the responsibility to add themselves (or a designee) as service

contacts on all their cases (VREF). Firms may share service contacts.

• Because a case must first exist in order for an opposing party to add

themselves as a service contact, eService will largely be used for

subsequent filings on existing cases. Initial service on new cases

should generally continue to occur through other methods as allowed

by rules.

• Filers must select “eFile & Serve” or “Serve” as the Filing Type and select

the appropriate service contacts.

What is it?

How does it

work?“Serve” may be used for

documents going only to

the other party, but not to

the court.

Public Portal

Access to limited case information for anonymous public users

Elevated access for case parties, attorneys and others with a right of access

Searchable statewide hearing calendars

Online payment of fines

What’s

Available on

the Public

Portal?

For Anonymous Public Users (non-registered,

no elevated access)

• Over the internet: Civil Division and Judicial

Bureau case records, excluding document

images

• At courthouse public access terminals: All

public case information for all cases in all

divisions. Includes access to document

images

For Attorneys and Case Parties:

• Elevated access registration available to one’s

own cases in all dockets and divisions, includes

ability to view, print & download all document

images

For Public Agencies/Justice Partners:

• Variable access based on Memoranda of

Understanding with the Judiciary.

Smart Search

Advanced filtering

options include

search by location,

division, status,

attorney, file date

and other

parameters

Basic search by

Case # or name

in last, first

format.

Smart Search (cont.): Portal will return

all search results

for a name (based

on what is

viewable with the

user’s rights of

access). Multiple

system entities

are listed

separately with

each entity’s

cases listed under

their name. Case

numbers are

hyperlinked and

can be clicked to

open up the case

record.

Smart Search (cont.):

Search by case number will pull

up just the correct case

Smart Search (cont.): Clicking on hyperlinked case # in search result will open the online case summary (similar

to a docket sheet/DDR). Information displayed depends on case security and user’s rights.

Smart Search (cont.): Anonymous public users will see only the case summary. Users with elevated access will

see case summary as well as attached document images, which can be opened by clicking

on the PDF icon.

Anonymous

public user-

no

documents

Elevated Access-

document

images available

Online Payment

Features For Criminal and Judicial

Bureau Fines

Accepts all major credit cards

Payments are processed and

entered in the case record

immediately

Remote payment of criminal

fines requires elevated access

(party or attorney) to case

Converted Cases from the Legacy

System: What to Expect

• All cases in all dockets from the legacy system have been converted into Odyssey in

a limited way.

• They will return on searches in Odyssey File & Serve and subsequent filings may

be submitted.

• They will return on searches on the Public Portal (depending on user’s rights),

BUT case documents that currently exist in paper files have not been scanned

in (with limited exceptions for matters still pending before the court) and may

not be available. Existing paper documents must generally still be viewed at

courthouses.

• Every converted case will have an official final docket sheet/DDR from the

legacy system attached to it in Odyssey and viewable for users with

elevated Portal access.

Training and Support

For Odyssey File & Serve (eFiling):

• Many resources (user guides, FAQs, support contact info) in “Self-Help” section on

eFilng website.

• Tyler Technologies provides primary user support for system-related questions.

For VT-specific procedural questions please contact court staff.

• Additional information, manuals and user guides available on eFiling page at

www.vermontjudicary.org

For the Public Portal (case and hearing access)

• Judiciary Helpdesk (JUD.Helpdesk@Vermont.gov ) provides primary customer

service. Court staff do not have the ability to grant or modify portal access.

• Public Portal User Guide is available on the Judiciary website and on the Portal

home page: contains information about registering and requesting elevated

access, and accessing information.

Final Thoughts, Questions and

Comments?

2020 Electronic filing rules—VBA spring meeting presentation

Resources:

Vermont eFiling General Policy and Procedure Guide:

https://www.vermontjudiciary.org/sites/default/files/documents/VERMONT%20E

LECTRONIC%20FILING%20POLICY%20AND%20PROCEDURE%20GUIDE%20v2.pdf

Summary of Rules

Applicable date /scope: Rule 1

• The 2020 rules are a replacement for 2010 E filing rules (except in units/case types

where e-cabinet is still in use)

• Effective March 2, 2020, but implemented on 4/20 for Windsor Orange and Windsor

Units (WOW) and 4/27 for JB.

• the 2010 rules continue to apply in a unit or case type (i.e. Rutland, Environmental

Court, and juvenile cases except in WOW), until the CA directs that electronic filing be

implemented – at least 30 days e-mail notice to attorneys required before the rules go

into effect in a new unit/case type.

• The Rules for Public Access to Court Records have also been substantially rewritten.

Strongly recommend that you review them.

Definitions—Rule 2

Definitions of the terms: court generated document, document, electronic case file, electronic

filer/filing, filing system, guide and file, judicial officer, nonelectronic filing, personal service,

and service contact.

Mandatory (for attorneys)— Rule 3.

• E-filing will be mandatory for all attorneys and court filers, except self represented

litigants and GALs, in the units/divisions as to which the CA has issued an

administrative order activating the e-filing system.

• Self represented litigants are NOT required to e-file, but may choose to do so. They

may choose to efile in one case, and not in another. Once they have e-filed in a case,

they have to get court permission to stop e-filing and file on paper.

• Guardians ad litem are not required to e-file either, but once they e-file in a particular

case, like self-represented litigants, they need to continue to do so in that case unless

the court give them permission not to.

Exceptions to Mandatory E-filing:

• Documents that are required to be filed Nonelectronically by statute or rule (Rule 3(c))

• Documents that are not required to be filed electronically by statute or rule (rule

3(b)(5))

• Documents are approved in advance by court to be filed non-electronically to protect

confidentiality or “for other good cause” Rule 3(b)(3)

• An item or document cannot be effectively e-filed due to “size, shape or condition.”

Rule 3(b)(6)

• Court grants excuse due to “exceptional circumstances mak[ing] electronic filing not

feasible,” for example a temporary power outage or computer breakdown. Rule

3(b((4).

• The e-filing system is down (and you made reasonable efforts to e-file). Rule 3(b)(7)

Registration required. – Rule 4

In order to e-file, you have to register for Odyssey File and Serve.

https://vermont.tylerhost.net/ofsweb (Rule 4(a)). This registration is separate and apart from

the registration that everyone (e-filing or not) has to make in order to have access to case

records in the court system through the Vermont Judiciary Public Portal.

https://publicportal.courts.vt.gov/Portal/

By registering to e-file, you are consenting to be served for open cases in which you are a party

by e-mail at the address you register with. Rule 4(b)(1)

You’re responsible for all the documents filed under your account, and for updating the system

if your registration information changes. Rule 4(b)(2)-(3).

You may authorize your associates and staff to use your account to e-file. Rule 4(b)(4)

Viewing Non-Public Documents-- Rule 4(c)

Nearly every case will have some “non-public” documents (documents that contain confidential

information). If you want to be able to see them, you need to request a “specific right of

access” to do so through your registration in the public access portal. You can do that NOW, if

you haven’t already done it, and are strongly encouraged to do so.

The most common basis for a specific (elevated) right of access:

• you are a party to the case

• you are representing a party to the case

• you have special status connected to a case or case type, e.g. – GAL in a case, DCF

worker in a case, probation officer for a party.

Electronic Filing – details -- Rule 5

Initial filing – the documents to initiate a case should be e-filed—however, initial service must

be accomplished by the traditional methods required by other court rules.

Every e-filed document must comply with the following basic requirements - Rule 5(a)-(b):

• signature of filer (more on that later)

• mailing address and e-mail address of filer

• filing fees paid

• non-public information redacted (more on that later)

• certification that non-public information has been redacted

• if it’s the first filing – include email contact information for all parties including the e-

filer for any later filings by others and notices/orders from the court. Your “service

contacts” should include the e-mail addresses for anyone you want to receive copies of

all filings and orders in the case.

Time of filing - Rule 5(c)

• the date of filing will be the date up to midnight.

• Tech issues on your end may be a basis for extensions of filing deadlines, but court’s

permission is needed.

• If the court’s e-filing system is down, a deadline will be extended until the time when it’s

available again.

Court staff review—Rule 5(d)

• Staff will review each filing to ensure compliance with the rules, and for other basic

compliance

• Notice will be given to the filer of whether it has been accepted or not.

• If not accepted, filer will be given up to 7 days to file a corrected document for review.

• the case number will be assigned in the “acceptance” sent from the court—and you

must use that number in future filings. (You can also use it to search for the file in the

portal). Format of case numbers is: Year number case type and number of filing of

that type that year—(e.g. 20 DM 0543, the 543rd domestic case filed in the efiling

system in 2020).

Format of motions—Rule 5(f)

• A motion requesting alternative forms of relief is fine, however;

• If a filer is requesting independent forms of relief—e.g. – a motion for enforcement, a

motion for contempt and a motion for attorney’s fees—they should be filed as separate

motions not one. PLEASE!

• Responses to a motions may not be combined with a new motion or motions in one

document. Please file them separately (e.g. do NOT file a response to a motion to

modify and your client’s motion to modify in ONE document—they should be two

filings).

• Nonetheless, you may file one memorandum or argument in support of several

motions—if you do so it should be filed as a separate document from the motions it

supports, and should clearly state that it is in support of all motions that it’s intended to

support, in the heading/title. The motions that the memorandum or supporting

document is supporting should also refer specifically to the supporting document.

(Unless it is filed later).

• If you file voluminous supporting documents (multiple “exhibits”), you should include a

table of contents. and number the pages.

• Criminal history information is to be filed in separate parts—

o Vermont convictions and sentences

o Out of state convictions and sentences

o other criminal history information.

o All filings of criminal history information must also comply with the Rules for

Public Access to Court Records, meaning, confidential information must be filed

as such.

Non-Electronic Filings—Rule 6

Some things may still be filed on paper, and some things still MUST be filed on paper, by

statute. (For example – wills deposited with the Probate Division for safekeeping, or original

wills filed in probate cases).

If a document is filed nonelectronically and it can be scanned, it will be, and will be entered into

the electronic file that way.

Court staff will review all filings, electronic or non-electronic, to make sure they comply with

these rules and with RPACR. If the filing is not accepted, staff may give the filer 7 days to file a

corrected/compliant filing. If it’s corrected within that time, the filing date will be deemed to

be the original date of filing.

Existing court files, paper files, will be scanned into the new system as needed.

Filing format—Rule 7

• Filings must be in PDF format.

• Must comply with filing size limitations (5 mb per document and no more than 25 mb

per “envelope”), and page size of 8 ½ by 11 inches.

• Must not have viruses or malware embedded in them.

Exhibits—Rule 8

If offered into evidence and not later withdrawn, all documentary exhibits will be scanned into

the case file.

If admitted into evidence at a hearing, the exhibits will be tagged by court staff to reflect that.

If an exhibit is an object that can’t be scanned in, the court may direct that it be photographed,

and a copy of the image can be scanned in, as well as the original staying in the non-electronic

file for the case.

If you’re ordered by a judge/magistrate to pre-file exhibits for a trial or hearing, you will be

expected to do so electronically.

Signatures—Rule 9

(a) efiling equals signature for purposes of VRCP 11(b)—i.e. the efiling of a document is

itself the filer’s representation that the filing is to the best of the filer’s knowledge

information and belief, not being presented for an improper purpose, that the claims

defenses and contentions it includes are warranted, or supported by nonfrivolous

arguments, that the allegations as to facts have evidentiary support, or are likely to after

investigation or discovery, and denials of facts are also warranted, or based on lack of

information and belief.

Signature options:

if e-filed:

• /s/

• Electronic facsimile of filer’s signature

• scanned copy of filer’s signature

• any other form of e-signature as defined in 9 VSA. § 271(9)

plus!:

typed name, mailing address, and e-mail address used to register in the

system.

Signatures in stipulations:

original stipulations relevant to merits with multiple signatures should be

scanned and filed.

OR

they can be nonelectronically filed if allowed under Rule 3(b) “for good cause” or

to protect confidentiality. Court’s permission required!

(b) Documents with multiple signatures

If you file a document on behalf of others, you are representing that all the signers

consented to the filing.

If you’re filing a document on behalf of multiple parties, and have a paper “original”

document with ink signatures, you need to retain the original for two years, or until the case is

fully resolved, whichever is longer.

(c) Documents requiring a notary

During the pandemic emergency, under Act 95 whether a document is filed with the

court electronically or otherwise:

• The “emergency period” is from March 13, 2020 to 30 days after the state of emergency

is terminated by the Governor

• During this period, the requirement of a notary’s attestation is waived for all filings, and:

• “a party may file any document that would otherwise require the approval or

verification of a notary by filing the document with the following language above the

signature and date:

“I declare that the above statement is true and accurate to the best of my knowledge

and belief. I understand that if the above statement is false, I will be subject to the

penalty of perjury or other sanctions in the discretion of the court.”

However, even after this provision expires, under 4 V.S.A. § 27b, the same provision applies to

all E-FILED documents. The above declaration (without reference to other sanctions) is

sufficient, without any notarization.

(These exceptions do not apply to search warrant or NTO applications).

Actually notarized documents

If you want to e-file a document that is in fact notarized, the original should be scanned and e-

filed, and the original has to be retained for two years or until the case if finally resolved,

whichever is later.

If a filer has permission to file non-electronically, they do not have to file the original, but can

file a copy of it. If they file a copy, they still have to retain the original for two years or until the

case is resolved.

(d) Judges and court staff signatures

Judges are to keep ‘electronic facsimiles’ of their signatures on file, and can use them to

sign documents with name and title.

Judges can delegate permission to use their signatures to staff.

Documents sent from official state/government e-mail addresses or e-filed through file and

serve are deemed validly signed if they have the signer’s typed name and title on them.

Court Fees and eFiling User Fees—Rule 10

Fees that are due should be paid at the time of the e-filing.

Any filer who will be representing people who are eligible for waiver, or who is themselves a

“waiver” filer (state agency, for example) needs to set up a waiver account through the e-filing

system , and indicate payment is by waiver when filing on behalf of the eligible person or entity.

The efiling user fees are set in the contract between the Vermont Judiciary and Tyler.

Efiling user fees are not applicable to:

• criminal, juvenile, and mental health case related filings

• State agency filings

• filers who have applied for and been granted filing fee waivers or who are in the process

of filing such an application (if denied, the fees must be paid).

Service—Rule 11

(a) Initial filings—summons, complaints, petitions, etc. – are to be served as usual, under

the applicable court rules.

The return of service showing that service was made should be efiled.

(c) – (d) The “service only” function in File and Serve may be used for serving a party with

discovery or discovery responses—this is optional, not required. if the parties agree to

simply e-mail each other discovery requests and responses outside the e-filing system,

they can do so. The agreement should be e-filed. Also, however they’re served, on a

party, a certificate of service of discovery requests and responses still needs to be e-filed

with the court.

(e) Service of permitted non-electronic filings or of e-filed documents on non electronic

filers—should be done as provided in other applicable court rules. A certificate of

service of documents on non efilers is generally required.

(f) Court orders – notice of the court’s orders and other documents is provided

electronically to e-filers, and as court rules provide for non-e-filers.

(g)- (h) For documents e-filed with the court, NO CERTIFICATE OF SERVICE IS REQUIRED as

to all e-filing parties and “service contacts” listed by the filer in the case. However, the

filer should certify in the filing that service wasn’t required or that all efilers were served

through the system.

Official record—certified copies—Rule 12

Documents that are e-filed or that are scanned into the electronic case file are the official

record of the case.

Non e-filed documents need not be retained by the court—there will be NO PAPER COPIES in

the court’s record of e-filed documents or non e-filed documents that are scanned into the

case.

Court staff can still provide certified copies of the official documents in a file as always—either

on paper or electronically.