Hearing on these motions shall be set expeditiously, and sufficiently in advance of the hearing on the merits so as to allow the guardian ad litem adequate time to prepare for the hearing on the mertits. Civil Rule 7(b)(6) shall not apply to these motions.
When served upon the respondent, the motion and affidavit must include or be accompanied by a clear explanation that the respondent need not consent to the motion, and that the respondent has a right to appear in person before the court to object, or may object by letter.
Vt. R. Fam. Proc. 6.1
Reporter's Notes-2022 Amendment
The Vermont Supreme Court promulgated V.R.P.P. 80.9 (Representation by Guardians ad Litem of Minors) and V.R.P.P. 80.10 (Representation by Attorneys and Guardians ad Litem of Adults in Specified Proceedings) on June 12, 2020, effective August 18, 2020. Prior to that time, the appointment of guardians ad litem and attorneys in these probate proceedings were governed by V.R.F.P. 6 and 6.1. In light of the promulgation of probate rules for the appointment of guardians in probate guardianship proceedings, it is no longer necessary for the family rules to apply to these proceedings.
In addition, the title of 18 V.S.A. Chapter 206 is amended to be consistent with legislation enacted in 2014. 2013, No. 96 (Adj. Sess.), § 114.
Rule 6.1(c)(1) is amended to replace the reference to V.R.C.P. 78(b) (Disposition of Written Motions With or Without Hearing), which was abrogated by order of June 7, effective August 9, 2021, with a reference to V.R.C.P. 7(b)(6) (Evidentiary Hearings) added by that order and embodying its relevant provisions in revised form. See Reporter's Notes to 2021 amendment of V.R.C.P. 7(b) and abrogation of V.R.C.P. 78.