(a)Notice of appeal.(1) Any party to a small claims action may appeal the judgment to the civil division by filing a notice of appeal with the civil division clerk. The notice must be filed within 30 days from the entry of the judgment in cases in which the defendant appeared, and within 30 days from service of the judgment upon the defendant in cases in which the judgment was issued by default. The notice must be on a form obtained from the Judiciary website or at the clerk's office.(2) The notice of appeal may, but need not, contain a statement of the basis of the appeal.(3) The appealing party must pay the required filing fee, as specified in a current schedule published by the Court Administrator.(4) At the time of filing the notice of appeal, the appealing party must serve a copy of the notice upon all other parties to the small claims action, and must file a certificate of service with the court clerk.(b)Stay. The judgment appealed from is stayed and will not be enforced during the 30 days allowed by subdivision (a) for filing a notice of appeal and, if a notice of appeal is filed, until the decision of the appeal. (c)Record on appeal; transcript.(1) The appeal shall be heard on the record of the proceedings in the small claims action. consisting of the docket entries, the case file in the court clerk's office including exhibits that were admitted at the trial, and the electronic recording or transcript of the trial.(2) If a transcript is needed, the appealing party must order it from a Court-approved transcription service on a form obtained from the Judiciary website or at the clerk's office. with a deposit of the estimated cost within 14 days after filing the notice of appeal. The appealing party must file the completed original transcript with the superior court clerk when it has been completed.(d)Appellate hearing. The appeal is limited to questions of law and will be heard by a judge who has not participated in any way in the judgment being appealed.(e)Appeal to the Supreme Court by permission.(1) There is no absolute right to appeal to the Vermont Supreme Court from a decision rendered in an appeal to the civil division.(2) Permission to appeal to the Vermont Supreme Court may be requested as provided in Rule 6(b) of the Vermont Rules of Appellate Procedure. The request for permission must be filed with the clerk of the civil division within 14 days from the entry of the judgment to be appealed from and must be served on all other parties by the party seeking permission. The party seeking permission must file the applicable certificate of service, which is available on the Judiciary website and at the clerk's office, with the clerk. (3) If the request for permission to appeal is not filed with the clerk of the civil division within 14 days from the entry of judgment, or permission to appeal is denied by the Vermont Supreme Court, the clerk will notify all parties that the appellate decision of the civil division is final. (4) If permission to appeal is granted by the Vermont Supreme Court. further proceedings are governed by the Vermont Rules of Appellate Procedure. Vt. R. Small. Claims. P. 10
Adopted March 6, 2002, eff. 9/1/2002; March 25, 2003, eff. 7/1/2003; 2/25/2015, eff. 3/30/2015; 4/28/2015, eff. 5/4/2015; amended Sept. 20, 2017, eff. 1/1/2018; amended Feb. 10, 2020, eff. 4/13/2020.Reporter's Notes-2018 Amendment
Rule 10 is amended to change its 15- and 10-day time periods to 14 days, consistent with the simultaneous "day is a day" amendments to V.R.C.P. 6, which adopt from the Federal Rules the day-is-a-day counting system, a simplified method of computing time periods. The amendments serve the purposes of both achieving simplicity and maintaining uniformity with the federal practice.
As stated in the Reporter's Notes to the amendment of V.R.C.P. 6 (quoting the Federal Advisory Committee's Note), "all deadlines stated in days (no matter the length) are computed in the same way. The day of the event that triggers the deadline is not counted. All other days including intermediate Saturdays, Sundays, and legal holidays-are counted." Periods less than 30 days have been converted to multiples of 7 for convenience and to include Sundays and holidays. Thus, 7 days remains 7. Ten and 15 days become 14. Twenty days becomes 21.
Reporter's Notes-2020 Amendment
Rule 10(a)(1) is amended to conform appellate practice to the simultaneous amendment of Rule 3(f) requiring service of a default judgment on the defendant before enforcement proceedings are commenced. See Reporter's Notes to that amendment.