Advisory Committee on Rules for Family Proceedings Meeting - July 19, 2024

VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES FOR FAMILY PROCEEDINGS
AGENDA FOR MEETING OF
July 19, 2024
The Family Rules Committee will meet virtually on TEAMS on July 19, 2024, from 1:30 - 3:00 pm to consider the following agenda:
1. Approval of draft minutes of the meeting of January 26, 2024.
2. Status of proposed amendments:
a. Proposed Amendment to V.R.F.P. 1(i)(2)(B) and (7) related to respectful language: reviewed favorably by the Legislative Committee on Judicial Rules (LCJR) on June 19, 2024. Promulgation by the Supreme Court is pending.
b. Proposed Amendment to Remove V.R.F.P. 15(i) related to eCabinet registration number requirement: The proposed amendment is out for comment. Comment period ends April 26, 2024. Judge McDonald Kerry to report on any comments. Possible vote on whether to propose promulgation to the Supreme Court.
3. Rules related to Special Immigration Status for Vulnerable Non-Citizen Children (SJIS): See 4 V.S.A. § 33(18), 4 V.S.A. § 35, 14 V.S.A. § 3098. S.163/Act 98 substantially amends 14 V.S.A. § 3098 and adds a new section related to children in juvenile proceedings. Committee to review draft of amendments to Rule 4.1 and 4.3 related to case manager conferences and waiver of service.
4. Report from Subcommittee on Family Rules for Proceedings related to Extreme Risk Protection Orders (ERPO): A subcommittee consisting of Judge McDonald-Cady, Rachel Streker, Laura Bierly, Susan Buckholz and Kristin Gozzi is currently working on new rule to govern these proceedings. Judge McDonald-Cady to report on progress.
5. Amendment to Rule 4.2(e) Related to Venue for Post-Judgment Motions: The current rule allows a litigant to file a motion in a county other than the county where the original judgment was issued unless the opposing party still resides in the original county or neither party is a resident of the state. The framework of the new e-filing system requires a change of venue to be filed in the original county where the divorce was obtained before the case can be moved to another county. Subcommittee (Magistrate Peterson, Maggie Villeneuve and Judge Davenport) to report on progress.
6. Applicability of V.R.Cr.P. 41.1 (Non-Testimonial Orders) to Juvenile Proceedings. Committee to discuss referral from Criminal Rules Committee. See Minutes of April meeting.
7. On Hold
a. Proposal to review Family Rules for respectful language: Continued committee discussion re process for review. This project is currently on hold due to other priorities for the Committee.
b. Amendment to Rule 4.2(f) to require an automatic scheduling of a child support hearing when the extent of parent-child contact is modified: At our last meeting a subcommittee was formed to work on this (Mag. Peterson, Jessica Semen, Rachel Streker and Judge Davenport). The Subcommittee has not yet met due to work on other issues.
8. New Business
9. 2024 Meeting Schedule: Schedule for meetings in 2024: October 25. Possible meeting dates in 2025: January 24, April 25, July 18, October 24.
10. Adjourn