introduction to the new vt judiciary case management system & new e ... e-filing... ·...
TRANSCRIPT
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 ([email protected] ) 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.