Vt. Admin. Ord. of. Sup. Ct. Administrative Order No. 48

As amended through May 6, 2024
Rule Administrative Order No. 48 - Declaration Of Judicial Emergency

Pursuant to the Supreme Court's constitutional authority to provide for the administration of all the courts of the state, Vt. Const. ch. II, § 30, the Supreme Court may by order declare a judicial emergency in the event of any natural or human-caused disaster, civil disorder, widespread disease outbreak, or other extraordinary circumstance that interferes or threatens to interfere with the orderly operation of the courts or the ability of court employees, litigants, or others to access the courts or to meet deadlines, schedules, and timeframes imposed by law or court order.

Pursuant to the Supreme Court's constitutional authority to provide for the administration of all the courts of the state, Vt. Const. ch. II, § 30, the Supreme Court may by order declare a judicial emergency in the event of any natural or human-caused disaster, civil disorder, widespread disease outbreak, or other extraordinary circumstance that interferes or threatens to interfere with the orderly operation of the courts or the ability of court employees, litigants, or others to access the courts or to meet deadlines, schedules, and timeframes imposed by law or court order.

If circumstances underlying the emergency impede access to court facilities or render them unsafe, the Court may designate another facility for the conduct of court business. In addition, the Court may, as necessary, reassign judges and court personnel to locations outside of their normal rotation or workplace. The Court may also, as necessary, authorize the use of video, audio, and other communication technologies to conduct court proceedings notwithstanding the provisions of V.R.C.P. 43.1, V.R.P.P. 43.1, and other rules related to appearance by video or audio.

Vt. Admin. Ord. of. Sup. Ct. Administrative Order No. 48

Adopted March 9, 2020, eff. 3/9/2020.

Reporter's Notes

Consistent with the Court's administrative responsibilities under the Vermont Constitution, Administrative Order 48 is enacted to effectuate the Court's ongoing emergency planning. When there is an emergency, the judiciary may be required to implement measures to ensure that litigants, staff, and judiciary personnel can access and participate in judicial proceedings. This may include modifying or suspending existing rules regarding time deadlines or the use of appearance by video or audio.