Rule 13 Record in Direct Appeals From the Probate Division and Administrative Agencies
III. Probate and Administrative Appeals
Rule Text
(a) Record: Probate Appeals. In direct appeals from the Probate Division, the record consists of the items listed in Rule 10(a) and the questions of law to be determined on appeal.
(b) Record: Administrative Appeals. In appeals from administrative boards or agencies, the record consists of:
(1) the items listed in 3 V.S.A. § 809(e);
(2) any transcript of oral proceedings made in accordance with 3 V.S.A. § 809(f); and,
(3) where required by law, a statement of the questions of law to be reviewed.
(c) Transmitting the Record for Administrative Appeals. The administrative agency or board from which an appeal is taken must transmit the record to the Supreme Court within 14 days after a notice of appeal is filed.
(d) Protection of Restrictions on Public Access for Administrative Appeals. The transmittal by the administrative board or agency must comply with the Rules for Public Access to Court Records. If the decision-making body treats all or part of the record of the case as not publicly accessible, that status will be maintained in the Supreme Court in accordance with Vermont Rule for Public Access to Court Records 6(i).
Amendment history: Amended Dec. 11, 1980, eff. Feb. 2, 1981; Aug. 7, 1990, eff. Oct. 15, 1990; Sept. 5, 1990, eff. Sept. 5, 1990; Aug. 22, 1991, eff. Nov. 1, 1991; 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; Dec. 21, 2004, eff. Feb. 21, 2005; Jan. 25, 2005, eff. Jan. 31, 2005; Feb. 6, 2013, eff. April 8, 2013; June 11, 2013, eff. Sept. 3, 2013; Aug. 12, 2013, eff. Aug. 12, 2013; Dec. 10, 2019, eff. Mar. 2, 2020; July 13, 2021, eff. Aug. 17, 2021.