Vt. R. Prob. P. 39

As amended through November 4, 2024

Rule 39 - Expedited Hearings

In any matter that may be heard on appeal de novo in the civil division at any subsequent time, the court in the probate division may receive exhibits and make a determination on the merits based on the unsworn representations of the parties on the record, provided that:

(a) the parties' factual representations are not in conflict with one another;

(b) no party objects to proceeding without sworn testimony; and

(c) all parties to the proceeding have been given proper notice and have appeared or have waived appearance by default or otherwise.

Vt. R. Prob. P. 39

Amended June 13, 2019, effective 8/15/2019.

Reporter's Notes

Rule 39 is added to expedite proceedings in cases that potentially may be appealed de novo to the civil division. Under the new rule, if both parties have appeared, the judge may make a determination on the merits without swearing-in the parties if the facts as represented by them on the record are undisputed and no party objects.

The new rule recognizes and defines situations in which the probate division may apply an expedited approach to conflict resolution because the conflict does not center on disputed facts. In these conflicts, traditional adversarial process, which focuses on disputed fact resolution, becomes unnecessarily time-consuming. The procedure is not mandatory so the judge has discretion to take sworn testimony even in cases where the rule would not require it. In addition, the parties may elect out of the expedited procedure, either at the hearing or subsequently by right of de novo appeal.