Vt. R. Elec. Filing. 6
Vt. R. Elec. Filing. 6
Reporter's Notes-2020
Rule 6 sets forth the way nonelectronic documents will be received by the Court generally and treated in relation to the electronic filing system. Subdivision 6(a) establishes that if a nonelectronic filing is either permitted or required by the rules for electronic filing, it will be scanned in PDF or other format designated by the Court Administrator and included in the electronic case file.
Rule 6(b) is addressed to circumstances in which a filer seeks to file a nonelectronic document which is required to be filed electronically. For example, a self-represented person, who has already electronically filed in a case, may appear at the court seeking to have nonelectronic documents received and filed, either as a matter of convenience, or perceived necessity. Subdivision 6(b) generally provides that a nonelectronic filing that is required to be electronically filed will not be scanned or accepted. Rule 3(b)(3) and (4) allow nonelectronic filing of particular documents or for particular cases for good cause or exceptional circumstances. Of course, an electronic filer's routine disregard of the requirements for electronic filing may result in appropriate court orders or sanctions, including but not limited to, a requirement that the person must engage exclusively in nonelectronic filing, in a manner consistent with the provisions of Rule 3(c).
Rule 6(c) outlines the procedures for court staff processing of nonelectronic filings. Under paragraph 6(c)(1), court staff scan and then review filings for compliance with the electronic filing rules and V.R.P.A.C.R. 7(a)(1). Under paragraph 6(c)(2), if the filing does not comply, the court will provide the filer with notice and the reasons for the rejection. For nonelectronic filers, this notice will necessarily be sent by nonelectronic means. The scanned filing will be retained electronically pending correction.
Under paragraph 6(c)(3), the filer may submit a corrected filing within 7 days of receiving notice of the rejection. The filer must indicate that it is a corrected filing. The court may extend the time for good cause. Because the filer's time to correct is triggered by service of the notice of rejection, under V.R.C.P. 6(e), V.R.P.P. 6(d), and V.R.Cr.P. 45(e), an additional 3 days are added to the time a party must act if service is made by specified means, including by mail. The civil rule is incorporated by reference in V.R.F.P. 4.0(a)(2)(A) and V.R.E.C.P. 3, 4(a)(2), and 5(a)(2). If service is made by mailing, then it is complete upon filing under V.R.C.P. 5(b)(2) and V.R.P.P. 5(b). The civil rule is incorporated by reference in V.R.Cr.P. 49(b), V.R.F.P. 4.0(a)(2)(A), and V.R.E.C.P. 3, 4(a)(2), and 5(a)(2). Note that as to corrections for noncompliance with V.R.P.A.C.R. 7(a)(1), the provisions of V.R.P.A.C.R. 7(a)(3) and (4) control (the Court
Administrator/reviewer determines date for correction as to public access compliance). The acceptance-and-correction provision relates solely to the electronic filing requirements. A filing that does not comply with other rule requirements may be subject to different time provisions. For example, the allowance of thirty days to submit an entry fee when a motion to proceed in forma pauperis is denied under V.R.C.P. 3.1(d).
Paragraph (c)(4) provides that when a filing has been accepted, the date and time of filing for all purposes under the applicable rules of procedure are the date and time that the initial filing was submitted and scanned into the electronic system as long as the correction was made within the allotted time. Finally, paragraph 6(c)(5) establishes that court staff will assign a case number for a new filing that has been accepted, and that the assigned case number must appear on all subsequent filings pertaining to the case. Where an action may be commenced either by filing, or by service, such as is provided by V.R.C.P. 3, a responsive pleading may be filed prior to filing of the summons and complaint. In this and in like cases, the pleading will be scanned and retained electronically until the corresponding summons and complaint are filed, and the clerk will then open the case and assign a case number.
Rule 6(d) clarifies the status of existing nonelectronic filings when electronic filing begins. The rule contemplates that while conversion of all existing nonelectronic case files to electronic format is not required, the Court Administrator may direct that court staff scan all or part of existing paper filings into the electronic case file. It is anticipated that the decision as to such scanning would consider such factors as the age, volume, and complexities of a given existing paper case file.
Reporter's Notes-2021 Amendment
This rule is amended in connection with the introduction of efiling in the Supreme Court.
New subdivision (d) addresses staff review of filings in the Supreme Court. In all relevant aspects the new subdivision (d) is identical to Rule 5(e) as added at the same time as the addition to this rule. See Reporter's Notes to 2021 Amendment to Rule 5.
Subdivision (d) is amended to authorize the Court Administrator to direct scanning into the electronic case file, or not, of preexisting paper filings in cases active in the Supreme Court on the date efiling is implemented. This authorization is identical to that for preexisting trial court records.