Rule 5 Procedure for electronic filing [Effective July 1, 2026]

(a) In General. An electronic filer may initiate a new action or proceeding, or efile documents in an action or proceeding that is in the electronic filing system, when required or permitted under Rule 3, by logging in, and complying with the instructions in the electronic filing system.

(b) Electronic Filing Requirements. The efiler must submit each electronic filing in accordance with the instructions in the electronic filing system and must:

(1) prepare and format the efiling in accordance with Rule 5(g) and (h), and Rule 7;

(2) sign the efiling as provided in Rule 9;

(3) provide a mailing address and email address on the documents electronically filed;

(4) satisfying payment requirements of Rule 10; except that failure to pay a Supreme Court entry fee to the Vermont Judiciary in connection with the filing of a notice of appeal, or to seek a waiver of that fee, is not grounds for rejecting a filing;

(5) take any actions required under Rule 7(a)(1) of the Rules for Public Access to Court Records;

(6) certify that each document filed complies with the Rules for Public Access to Court Records; and

(7) for initial filings, provide service contacts that will enable post-commencement service on the efiler and maintain updated contacts.

(c) Electronic Filing Time. An electronic filing may be submitted on any day, including holidays and weekends, and at any time.

(1) Filing Date. An efiling is considered submitted on a date if it is submitted prior to midnight on that date;

(2) Technology Failure of Filer. Failure of the efiler’s system or internet unavailability will not excuse a failure to comply with a filing deadline, unless the court specifically authorizes an extension of the deadline;

(3) System Unavailability. A deadline will be extended for unavailability of the electronic filing system, if the efiler could not reasonably file nonelectronically pursuant to Rule 3(b)(8).

(d) Court Staff Processing in the Superior Court and in Proceedings Before Hearing Panels of the Professional Responsibility Board.

(1) Court Staff Review. Court staff will review all electronic filings for compliance with these rules and Rule 7(a)(1) of the Rules for Public Access to Court Records, in the manner prescribed by Rule 7(a)(3) and (4).

(A) Except as designated in (B), court staff review will occur prior to entry into the electronic case management system.

(B) Initial civil complaints made in commencement of an action pursuant to Vermont Rule of Civil Procedure 3 will be reviewed to ensure the absence of confidential information prior to entry into the case management system, and for compliance with all other rules after entry into the electronic case management system, subject to the corrective and remedial actions of Rule 7(a)(3) and (4) of the Rules for Public Access to Court Records. Electronic filers remain obligated under Rule 5(b) to comply with filing requirements. Complaints initiating the following civil actions will continue to be reviewed prior to entry:

(i) Actions for Orders Against Stalking or Sexual Assault (12 V.S.A. Ch. 178),

(ii) Small Claims Actions (12 V.S.A. Ch. 187), and

(iii) Any civil action that is within the original jurisdiction of the Supreme Court, or within the jurisdiction of criminal division, family division, environmental division, probate division, or the judicial bureau.

(2) Accepting or Rejecting a Filing. Court staff will electronically notify the efiler either that the efiling has been accepted or rejected. A rejection will provide the reason for the rejection. Court staff may reject a filing that does not comply with these rules or Rule 7(a)(1) of the Rules for Public Access to Court Records. Court staff may also reject a filing that contains an error that cannot be corrected by court staff. The Court Administrator will delineate the permissible reasons for rejecting a filing and provide the list in a prominent place on the Judiciary website.

(3) Failed Submission. A filing that does not comply with the instructions in the efiling system or the formatting requirements in Rule 7 may not be processed by the electronic filing system and may result in a failed submission. A failed submission does not reach the clerk queue and may not be appealed.

(4) Correcting an eFiling. An efiler may submit a corrected efiling within 7 days after receiving the notification that a filing resulted in a failed submission or was rejected if the efiler follows the instructions for efiling a correction on the electronic filing system. It is the efiler’s responsibility to demonstrate the date of rejection or failed submission. The court may extend the time for correction for good cause. Court staff will accept a corrected efiling if all requirements of those rules and the instructions for correction have been met.

(5) Filing Date. When an efiling has been accepted, the date and time of efiling for all purposes under the applicable rules of procedure are the date and time that the initial efiling was submitted if the corrected filing complied with the time limits in (d)(4).

(6) Assigning Case Number. The electronic filing system will provide a case number for a new case filing that has been accepted in the acceptance notification. The assigned case number must appear on all subsequent efilings pertaining to the case.

(7) Appeal of Rejected Filing. In the event an efiler and court staff are unable to resolve a dispute regarding an electronic filing, the efiler may appeal the basis for a rejected filing to the Court Administrator. The appeal must be filed within 7 days from the date of the rejection. The time period in (d)(4) for correcting an efiling is tolled until the appeal is decided.

(e) Court Staff Processing in the Supreme Court.

(1) Court Staff Review. Court staff will review all electronic filings for compliance with these rules, the Vermont Rules of Appellate Procedure, and Rule 7(a)(1) of the Rules for Public Access to Court Records.

(2) Accepting or Rejecting a Filing. Court staff will electronically notify the efiler that the efiling has been accepted or rejected. A rejection will provide the reason for the rejection.Court staff may reject an efiling for noncompliance with Rule 7(a)(1) of the Vermont Rules for Public Access to Court Records, the applicable limit on the number of words in the brief as contained in V.R.A.P. 32(a)(4), the failure to include a word count in a brief as required by V.R.A.P. 32(a)(4)(D), or the failure to sign a document as required by these rules or the Vermont Rules of Appellate Procedure. Court staff may also reject a filing that contains an error that cannot be corrected by court staff.

(3) Failed Submission. A filing that does not comply with the instructions in the efiling system or the formatting requirements in Rule 7 may not be processed by the electronic filing system and may result in a failed submission. A failed submission does not reach the clerk queue and may not be appealed.

(4) Correcting an eFiling. If court staff rejects an efiling pursuant to this subdivision, the efiler may correct the efiling as set forth in (d)(4), and (d)(5) will apply to determine the filing date.

(5) Limit of Review. This rule does not limit the actions the Supreme Court may take for violation of these rules, the Vermont Rules of Appellate Procedure, or the Vermont Rules for Public Access to Court Records.

(6) Assigning Case Number. The electronic filing system will provide a case number for a new case filing that has been accepted in the acceptance notification. The assigned case number must appear on all subsequent efilings pertaining to the case.

(7) Appeal of Rejected Filing. In the event an efiler and court staff are unable to resolve a dispute regarding an electronic filing, the efiler may appeal the basis for a rejected filing to the Court Administrator. The appeal must be filed within 7 days from the date of the rejection. The time period in (e)(4) for correcting an efiling is tolled until the appeal is decided.

(f) Serving Notice of Electronic Filing. The efiler must complete service as required in Rule 11.

(g) Motions. Efilers must submit motions, responses, and supporting materials in a manner consistent with any other applicable rules of procedure and the following:

(1) Separating Individual Motions and Responses to Motions.

(A) Motions; Separate Filing. All motions must be filed as separate lead documents.

(B) Separating Motions and Responses. An efiler may not respond to a motion and file a new motion in the same document.

(2) Memoranda and Supporting Material.

(A) Memoranda of Law. A memorandum of law may be included as part of a motion or response or may be filed as a separate document. The same memorandum may be filed in support of multiple motions or responses but must identify the motions or responses to which it relates and be referenced in the motions or responses.

(B) Supporting Material. Any supporting material, including affidavits, exhibits, or other supporting or required attachments, must be separated from the motion. The supporting material may be filed either as individual documents or compiled into a single document. Supporting material must identify the motions or responses to which it relates.

(C) Format of Compiled Supporting Material Filed as a Single Document. If all supporting material for a motion or response is filed as a single, compiled document, it must:

(i) be numbered sequentially with numbers that match the electronic page counter; and

(ii) contain a table of contents listing the separate parts of the supporting material included, with electronic page references for each item.

(h) Criminal History Information. Criminal history information, filed in connection with a criminal case, must be separately efiled in the superior court in the following parts for which there is information:

(1) Misdemeanor or felony convictions in Vermont courts and resulting sentences;

(2) Misdemeanor or felony convictions in courts of other jurisdictions, including in federal court and resulting sentences;

(3) Any other criminal history information.