Rule 1 Scope of Rules, Title and Effective Date

(a) Scope of Rules. These rules govern procedure in all appeals to the Supreme Court from the Superior Court or an administrative board or agency and in matters of original jurisdiction unless expressly modified by rule or statute.

(b) Rules Do Not Affect Jurisdiction. These rules do not extend or limit the Supreme Court’s jurisdiction.

(c) Terminology. For the purpose of appeals under these rules:

(1) the term “superior court” includes the Civil, Criminal, Family, and Environmental Divisions of the Superior Court, and also includes the Probate Division or any administrative board or agency when an appeal is taken from a decision in which an appeal is permitted by law;

(2) the terms “presiding judge,” “judge,” or “court” include the superior court judge, environmental judge, probate judge, or the administrative board or agency from which appeal is sought, as appropriate;

(3) the term “clerk” includes the superior court clerk, the clerk of the Environmental Division, the register of probate, or clerk, register, commissioner, or presiding officer of the administrative board or agency appealed from, as appropriate.

(4) the terms and variations of them set forth in 2020 V.R.E.F. 2, V.R.C.P. 83, V.R.Cr.P. 54(c) and (d), V.R.F.P. 13(c), V.R.E.C.P. 6, and V.R.S.C.P. 1(b), so far as applicable in appeals to the Supreme Court from actions and proceedings governed by those rules, have the meaning indicated in those rules unless the context clearly dictates a different meaning.

(5) the term “entry fee” refers to the fee required to initiate a cause in the Supreme Court under 32 V.S.A. § 1431; the term “efiling fee “ or “electronic filing fee “ refers to the fee required to transmit a document into the efiling system; the term “filing fee “ refers to any other court fee.

(6) the term “record of actions” refers to the docket entries or case summary that records the actions and orders in a particular case.

(7) the term “Appeal Volume” is a court-generated PDF containing a table of contents and all the documents filed and created in the trial court proceeding that are contained in the electronic case file.

(d) Title. These rules may be cited as the Vermont Rules of Appellate Procedure or V.R.A.P.

(e) Effective Date of Rules. These rules take effect on July 1, 1971, and govern all proceedings in actions where the notice of appeal is filed after that date.

(f) Effective Date of Amendments. Amendments to these rules take effect on the day specified in the order adopting them. The amendments govern all proceedings after they take effect, and all further proceedings in appeals then pending. The Court may conclude, however, that the application of the amendments in a particular pending appeal would not be feasible or would work injustice, and in those cases, it will apply the former procedure.