April 13 Amendments to Judicial Emergency Order

On April 13 the Vermont Supreme Court amended Administrative Order 49, the order declaring a Judicial Emergency.  The amendments relate to service.  Per an Explanatory Note:

  • “Because many lawyers and parties are properly remaining in their homes during this time, many do not have regular access to their incoming paper mail and thus may fail to satisfy deadlines for responding to documents served by mail. Many also lack access to copiers, postal meters, and administrative support necessary for sending pleadings and other papers by mail.”

The April 13 amendments and full Explanatory Note are here.  Relying on this post without reading the actual order is not a reasonable or competent choice.

The Order and prior amendments:

A consolidated Order is available on the Judiciary’s COVID-19 information page.

Please note: updating your email address with the Attorney Licensing Office is NOT the same as registering or updating with eCabinet and will not accomplish that purpose.

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One thought on “April 13 Amendments to Judicial Emergency Order

  1. I think it is important to note the following about this latest A.O. update:

    This makes service by email on an attorney MANDATORY unless the attorneys mutually agree otherwise and requires service to ALL eCabinet registered email addresses. Your certificate of service needs to say how the document was served and the email addresses it went to. I’m going to use “served via email pursuant to A.O. 49 as amended April 13, 2020 to the following email addresses:” then list all the email addresses. If you don’t have the link to find registered email addresses it is: https://efiling.eservices.crt.state.vt.us/Common/UIPages/ViewFilers.aspx

    Filing with the Court by email is not mandatory, but is allowed.

    I want to emphasize the service to ALL eCabinet registered email addresses. This has been an ongoing issue since eCabinet began. I assisted the Chair of the Civil Rules Committee in giving guidance and suggestions to the Supreme Court before this update, and this is a huge part of the amendment. This is important in practice. Lawyers designate the assistant as one of the addresses. The assistant dockets, diarizes and maintains the file. If the assistant/secretary/paralegal does not get the served document, deadlines could be missed.

    Every email we get as “Memo to Bar” from the judiciary has the information about the obligation to register in eCabinet.

    Obligation under A.O. 41

    d. eCabinet Registration

    Administrative Order No. 44 requires attorneys in active status to register up to three email addresses in eCabinet for purposes of receiving notices of hearing and other documents. You may include staff email addresses in the three email addresses that you specify. eCabinet registration is required whether you practice in court or not.

    Liked by 1 person

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