Rule 25 Filing and Service

(a) Filing.

(1) Filing in General. All documents must be filed with the Supreme Court in the manner provided by V.R.C.P. 5(e) and the 2020 Vermont Rules for Electronic Filing, where applicable.

(2) Public Access Compliance. All new filings in the Supreme Court, including filings of briefs and printed cases, must comply with Rule 7(a)(1) of the Rules for Public Access to Court Records. An efiler must certify compliance as part of the electronic filing process. A nonelectronic filer must certify compliance in a separate certification. Any preexisting document that is part of the record on appeal, and for which public access was restricted in whole or in part in the trial court or in the administrative body from which an appeal is taken, must continue to be so restricted in the Supreme Court.

(b) Manner of Service. Unless a rule requires service by the clerk, a party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal in the manner provided by V.R.C.P. 5(b) and 2020 V.R.E.F. 11, if applicable, but documents filed after the deadline for filing an appellee's docketing statement do not need to be served on a party who has neither filed a docketing statement nor entered an appearance in the Supreme Court.

(c) Proof of Service.

(1) Certifying Service When Electronically Filing. When a document is filed electronically, the efiler must certify compliance with service requirements as set out in 2020 V.R.E.F. 11(g).

(2) Certifying Service When Nonelectronically Filing. When a document is filed nonelectronically, the filer must certify compliance with service requirements as set out in V.R.C.P. 5(h).

(d) Signing of Documents; Representations; Sanctions.

(1) Signing of Documents. If a party is represented by counsel, at least one attorney of record must sign every document filed and provide his or her address. If a party is not represented, the party must sign the document and provide the party’s address. The Court will strike any unsigned document unless the document is signed promptly after the omission is brought to the attention of the person who filed it.

(2) Representations. By presenting a document to the Court—whether by signing, filing, submitting, or later advocating it—an attorney or self-represented party is making the certification provided by V.R.C.P. 11(b) as to that paper.

(3) Sanctions. If after notice and a reasonable opportunity to respond, the Court determines that V.R.C.P. 11(b) has been violated, the Court may, subject to V.R.C.P. 11(c), impose an appropriate sanction on those violating the rule or responsible for the violation.