Rule 80.11 Procedure in Expedited Actions

(a) Applicability.

(1) Designation. A civil action will proceed as an expedited action under this rule when

(A) The complaint expressly designates the case as an expedited action and seeks only money damages not exceeding a total of $50,000, exclusive of interest, attorney’s fees, and costs; or

(B) All parties to the action file a joint stipulation that the action will be designated as an expedited action; or

(C) The court, on the motion of a party, finds that designation of the action as an expedited action will serve the interests of the parties and the court in its just, speedy, and inexpensive determination.

(2) Waiver. Unless the parties have stipulated otherwise:

(A) Any plaintiff bringing a claim pursuant to subparagraph (a)(1)(A) of this rule waives the right to recover any judgment exceeding a total of $50,000, exclusive of interest, attorney’s fees, and costs.

(B) Except as provided in (C), the filer of a counterclaim, cross-claim, or third-party claim in an action designated as expedited under paragraph (1) waives the right to recover any judgment exceeding a total of $50,000, exclusive of interest, attorney’s fees, and costs.

(C) Any party to an action designated as expedited under paragraph (1) who seeks to recover, by counterclaim, cross-claim or third-party claim, damages exceeding a total of $50,000, exclusive of interest, attorney’s fees, and costs, or nonmonetary relief, must file and serve with that party’s pleading a request that the action no longer be so designated. The judge shall then strike the “expedited” designation, and the action shall proceed as an ordinary civil action under the Vermont Rules of Civil Procedure.

(3) Identification in Filings. When an action is designated as an expedited action, it shall be clearly identified in the caption of all subsequent filings as an “EXPEDITED ACTION.”

(4) At any time on motion of a party in an action that has been designated as an expedited action under paragraph (1), the court, on a showing of good cause, may order that the action will no longer be so designated and will proceed as an ordinary civil action under the Vermont Rules of Civil Procedure.

(5) The Vermont Rules of Civil Procedure apply to actions under this rule except as otherwise provided in the rule or when inconsistent with its provisions.

(6) Any deadline or limitation stated in this rule may be eliminated or extended by the court on a showing of good cause. Any motion seeking to extend any deadline or limitation made after the expiration of the specified period must establish that the failure to act was the result of excusable neglect.

(b) Scheduling Conference. Unless the parties file a stipulation on a form to be provided by the Court Administrator as to the matters enumerated in V.R.C.P. 16.2(i)-(v) and a certificate and report or stipulation as to the scheduling of mediation under subdivision (d) of this rule, the court shall hold a scheduling conference within 21 days after the filing of the last answer to consider those matters and shall issue a scheduling order as provided in V.R.C.P. 16.2.

(c) Motions. Motions may be filed for all purposes, and in the manner, provided in the Rules of Civil Procedure, except that:

(1) A memorandum in support of or opposition to a motion may not exceed 3000 words, and a reply memorandum may not exceed 1500 words. The memorandum must include a statement by the attorney, or self-represented party, certifying that it complies with the word count limit. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the memorandum. The certificate must state the number of words in the memorandum and identify the word-processing system used.

(2) A party filing a nondispositive motion must certify that the party has made a good faith attempt to obtain the opposing party’s agreement to the requested relief. If obtained, the statement of agreement must be in the body of the motion, and the word “Stipulated” must be in the document caption.

(d) Mediation. Unless the parties have filed a certificate and report of voluntary mediation as provided in V.R.C.P. 16.3(a)(2)(B), they must undertake mediation in the manner provided in V.R.C.P. 16.3, except that:

(1) Scheduling of the mediation proceeding must take place within 21 days after the filing of the last answer.

(2) The mediation proceeding must be completed within 90 days after the filing of the last answer unless the court extends the date on motion of a party.

(3) The mediation proceeding shall not last more than 6 hours unless the parties agree to extend the time.

(4) The cost of mediation must be divided equally among the parties except as otherwise provided in V.R.C.P. 16.3(c)(1). If one or both parties are unable to pay, the court shall determine whether mediation is required.

(e) Discovery. Discovery may be had as provided in V.R.C.P. 26-37, except as provided in this subdivision.

(1) Timing of Discovery. All discovery other than expert disclosures under paragraph (3) must be completed within 180 days after the filing of the last answer.

(2) Initial Disclosures. A party shall, within 30 days after the filing of the last answer, and without waiting for a discovery request, provide to the other parties:

(A) The name and, if known, address, telephone number, and email address, of each individual likely to have discoverable information regarding the claims and defenses asserted, and a statement identifying the subjects of information, unless the use of the information would be solely for impeachment;

(B) A copy of each document, data compilation, and tangible thing and all electronically stored information in the possession or control of the disclosing party which may be used in the party’s case in chief, unless the use of the information would be solely for impeachment;

(C) A copy of each document referenced in the party’s pleadings;

(D) A computation of any damages claimed by the party and a copy of all discoverable documents or evidentiary material on which such computation is based, including materials about the nature and extent of the injuries suffered; and

(E) A copy of any agreement under which any other person or entity may be liable to satisfy part or all of a judgment or to indemnify or reimburse for payments made to satisfy the judgment.

(3) Disclosure of Retained Expert Testimony.

(A) Disclosures. A party shall, without waiting for a discovery request, disclose the identity of any retained expert witness it may use at trial to present evidence under V.R.E. 702. This disclosure must be accompanied by a written report including: (i) the expert’s name and qualifications, including a list of all publications authored within the preceding ten years, and a list of any other cases in which the expert has testified as an expert within the preceding four years; (ii) a brief summary of the opinions to which the expert is expected to testify; (iii) all data and other information that will be relied upon by the witness in forming those opinions; and (iv) the compensation to be paid to the witness.

(B) Timing. The party who bears the burden of proof on the issue for which expert testimony is offered shall provide the information required in subparagraph (3)(A) within 14 days after the close of fact discovery. If expert testimony is intended solely to rebut or contradict an expert disclosed by another party, the rebuttal expert shall be disclosed within 14 days after the deposition of the other party’s expert.

(4) Limits on Discovery.

(A) Interrogatories under V.RC.P. 33. Each party may serve on any other party no more than 15 written interrogatories, including all discrete subparts.

(B) Requests to Produce. The parties shall be limited to 15 Requests for Production under V.R.C.P. 34, including all discrete subparts.

(C) Requests for Admission. The parties shall be limited to 15 Requests for Admission under V.R.C.P. 36, including all discrete subparts.

(D) Depositions. The parties shall be limited to a total of 15 hours each for oral depositions of parties and fact witnesses under V.R.C.P. 30.

(E) Depositions of Experts. An expert may be deposed under V.R.C.P. 26(b)(4) within thirty days after being disclosed. A deposition of an expert shall last no more than three hours.

(5) Additional Discovery.

(A) Stipulation. The parties may stipulate to additional discovery within the deadlines established by this rule or by the court.

(B) Motion. The court may grant additional discovery pursuant to paragraph (a)(6).

(f) Trial Readiness; Pretrial Conference.

(1) Timeframe. Every action under this rule shall be ready for trial within 270 days after the filing of the last answer unless the court grants an extension for good cause on motion filed before the deadline.

(2) Pretrial Conference. When the action is ready for trial, the court will hold a pretrial conference to set or confirm the trial date, specify the issues to be tried, determine the number of days required for trial, and address any other matters pertaining to trial raised by the parties or the court.

(3) Pretrial Disclosures. Not later than 14 days prior to trial, the parties shall exchange witness and exhibit lists, including a marked copy of each exhibit that may be used at trial. Unless good cause is shown, failure to adhere to this requirement shall result in preclusion of the witness or exhibit. Objections to the proffered witnesses and exhibits, including the grounds therefor, shall be filed seven days prior to trial.

(g) Effective Date. This rule applies to cases filed after its effective date. Parties to a case pending at the time this rule becomes effective may opt in to its provisions by stipulation.