Vt. R. Fam. Proc. 4.2
Reporter's Notes-2024 Amendment
V.R.F.P. 4.2(e) which determines the venue for post-judgment motions is amended to accommodate changes in process due to the advent of electronic filing using eFile and Serve. Under the prior rule, if one or both parties lived in Vermont but neither resided in the county where the most-recent final judgment was entered, the filing party could file a post-judgment motion in the county of current residence, and the court would move the paper file from the prior county to the county where the motion was filed. Efile and Serve will not accept electronic filings into a county different from that indicated on the case. Therefore, regardless of current residence, a post-judgment motion must initially be filed in the county where the most-recent judgment was entered.
The amendment to paragraph (e)(1) seeks to maintain the simplicity of the paper system. If either party still resides in the county where the most-recent judgment was entered, venue remains in that county regardless of whether the filer continues to reside in that county. If neither party resides in that county and the filer affirms in writing that the filer is still a resident of Vermont, venue shifts to the filer's county of current residence. The filer does not have to file a motion to change venue. The court on its own motion automatically changes the venue for the case to the county where the filer resides. The goal is to eliminate a bottle neck that has resulted in significant delays and confusion with respect to service.
The amended rule essentially preserves the current rule related to simultaneously filed motions filed by opposing parties, but places that provision in a separate paragraph for this rule so that it is easier to find. Current subdivision (e)(2), related to additional documents that need to be filed by the moving party, is deleted because these documents are already part of the court's electronic case record.
Reporter's Notes-2018 Amendments
Rule 4.2 is amended to extend its 20-day time periods to 21 days, consistent with the simultaneous "day is a day" amendments to V.R.C.P. 6, which adopts the day-is-a-day counting system from the Federal Rules. See Reporter's Notes to simultaneous amendments of V.R.F.P. 1.
Reporter's Notes
Rule 4.2 is adopted as part of the replacement of former Rule 4 by Rules 4.0-4.3 to make the provisions of the former rule more accessible by reorganizing them in a functional order and by "restyling" them. See Reporter's Notes to simultaneous adoption of Rule 4.0. Rule 4.2 incorporates the provisions of former Rule 4(j) concerning post-judgment motions.
Rule 4.2(a) carries forward the provisions of former Rule 4(j)(1) in restyled format.
Rule 4.2(b) carries forward the provisions of former Rule 4(j)(2) in restyled format. Subparagraph (b)(1 )(A) incorporates the provisions of Rule 4.0(b)(2)(B).
Rule 4.2(c) carries forward the provisions of former Rule 4(j)(3) and (g)(2)(D) (iii) and (F), and (3) in restyled format.
Rule 4.2(d) carries forward the provisions of former Rule 4(j)(4) in restyled format.
Rule 4.2(e) carries forward the provisions of former Rule 4(j)(5) in restyled format.
Rule 4.2(f) carries forward the provisions of former Rule 4(j)(6) in restyled format. Its language was incorporated in 15 V.S.A. § 668(b), enacted by Act 119 of2011 (Adj. Sess.), § 7.