Vt. R. App. P. 12

As amended through November 4, 2024

Rule 12 - Docketing the Appeal; Completing the Record

(a) Docketing the Appeal. After the appeal is received, the Supreme Court clerk must docket the appeal under the title of the superior court action and must identify the appellant, adding the appellant's name if necessary. Within 14 days of opening an appeal, if there is an electronic case file, the Supreme Court clerk must create the Appeal Volume, as defined in Rule 1(c)(7).

(b) Completion of the Record.

(1) After receiving notice that each ordered transcript is complete, or that no transcript is necessary for the appeal, the Supreme Court clerk will promptly notify all parties to the appeal in the manner set forth in Rule 25(b) that the record is complete.

(2) The record is complete on the date that notification to the parties is docketed.

(c) Completion of the Record in Appeals where Audio-Recorded Proceedings are Part of the Record on Appeal. In a case that has been recorded by audio equipment:

(1)No Recording of the Proceedings Necessary. If the Supreme Court clerk receives notice that a copy of a recording of the proceedings is not necessary for the appeal, the clerk will notify all parties that the record is complete.

(2)Audio-Recorded Proceedings Less than 4 Hours. If the total elapsed time for all audio-recorded proceedings is less than 4 hours, and the Supreme Court has permitted a party to submit the audio-recorded proceedings as the official record in place of a written transcript under Rule 10(b)(8), the record will be deemed complete when the Supreme Court receives a copy of the audio-recorded proceedings.

(d) Dismissal for Appellant's Failure To Order Transcript or Pay Entry Fee.

(1) Any appellee may file a motion in the Supreme Court to dismiss the appeal if the appellant fails to:

(A) order the transcript and so notify the clerk; or

(B) pay any required entry fee.

(2) The appellant may respond within 14 days of service.

(3) The clerk must docket the appeal for the purpose of permitting the Court to entertain the motion without requiring payment of the entry fee, but the appellant will not be permitted to respond without payment of the fee, unless otherwise exempted.

Vt. R. App. P. 12

Amended Aug. 7, 1990, eff. 10/15/1990; 3/14/2012, eff. 5/14/2012; 6/11/2013, eff. 9/3/2013; amended Dec. 10, 2019, eff. 3/2/2020; amended July 13, 2021, eff. 8/17/2021.

Reporter's Notes-2021 Amendment

Rule 12 is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing.

Rule 12(a) indicates that once the Supreme Court receives the appeal, it is docketed. This means that the case is opened at the Supreme Court and assigned a case number. Within 14 days of opening the appeal, the docket clerk creates an appeal volume for appeals that are from cases in Odyssey and have electronic case files. As indicated in Rule 1(c)(7), the appeal volume contains the PDF documents that are part of the electronic case file. The parties to the appeal are required to cite to the appeal volume in their briefs so it is important for it to be created before the briefs are due. The appeal volume may not contain all of the records in the case. Some cases may have documents or media exhibits that are not part of the electronic case file. For cases opened prior to the transition to Odyssey, there may be paper records that were not scanned into electronic form. In addition, media exhibits will not be part of the electronic case file. As indicated in V.R.A.P. 11(b)(1), the superior court will transmit these exhibits to the Supreme Court. Parties may seek an extension of time to file briefs if all parts of the record are not accessible by the time that record is complete under Rule 12(b).

Rule 12(c) is amended and (c)(2) is deleted to remove reference to video-recorded proceedings as the superior courts no longer use video as a means of creating the record.

Rule 12(d)(1)(A), which allowed an appellee to move for dismissal if appellant failed to forward the record, is deleted. Under Rule 10(a), it is not appellant's responsibility to forward the record for appeal. Rule 12(d)(2), which specified the items to be included in a motion to dismiss, is deleted. With electronic case files, the Supreme Court will have access to the documents necessary for adjudicating the motion. Paragraphs (3) and (4) are renumbered (2) and (3).

Reporter's Notes-2020 Amendment

Rule 12(a) is amended to update language in anticipation of the new case management system, which will be rolled out in phases throughout the state. See Reporter's Notes to Rule 3. The term "docket entries" is replaced with the more general term "record of actions."