Vt. R. Elec. Filing. 2
Reporter's Notes-2020
Rule 2 provides definitions for terms used throughout the rules. The definitions in Rule 2(a), (b), (c), and (e) and are taken in whole or in part from Rule 2 of the Vermont Rules for Public Access to Court Records and are intended to be consistent with the meaning in those rules. See Vermont Rules for Public Access to Court Records 2(f), (g), (h), and (l). Rule 2(h) defines "judicial officer" for purposes of Rule 2(b) and is intended to be broad. The derivation of the definition in Rule 2(j) for "personal service" is explained in the Reporter's Notes to Rule 11. The remaining definitions are taken from instructions for the new case management system.
Reporter's Notes-2021
Amendment The definition of "service contact" is amended to clarify, and provide a better understanding of, the types of service contacts that are used to make electronic service, and the source of the "public list," which is the primary reference for securing and using another party's email address for service and other case-related communications. The "public list" consists of a directory housed within the electronic filing system, of attorneys and other users who are registered efilers, and their email addresses created and made publicly available by the user as a service contact, and updated, in accordance with Rule 4(b)(3) and 5(b)(7).
A definition of "submission agreement" is added. A submission agreement is how efilers certify compliance with the electronic filing rules when a document is filed. These certifications include, but are not limited to, those of Rule 5(b)(5) and (6) (to certify compliance with V.R.P.A.C.R. 7(a)(1) as to protection of nonpublic records) and amended Rule 11(g)(3) (certifying compliance with service requirements). The submission agreement appears on the system page for each efiling, employing certification "boxes" that must be checked by the efiler to comply with certification. The submission agreement certification does not supplant the efiler's obligation to complete additional actions, if any, that are prescribed by the applicable rules. See, e.g., Rule 5(b)(5) and (6) (incorporating obligation to take, and describe, specific actions to protect against disclosure of nonpublic information in the filing per V.R.P.A.C.R. 7(a)(1)), and Rule 11(g)(2) (circumstances requiring additional filing of a certificate of service complying with V.R.C.P. 5(h) or V.R.P.P. 5(e)).
Reporter's Notes-2025 Amendment
Rule 2(c) is amended to clarify that the electronic case file contains the items in the Judiciary's case management system.