Rule 19 Extreme Risk Protection Orders

(a) Application of Civil Rules.

(1) In General. Except as provided in this rule or by statute, the Rules of Civil Procedure apply to actions for extreme risk protection.

(2) Rules Not Applicable. Rules 16.3 (Alternative Dispute Resolution), 55 (Default) and 79.1 (Appearance and Withdrawal of Attorneys) of the Vermont Rules of Civil Procedure do not apply to actions under this rule.

(3) Rules Modified. Rule 4 of the Vermont Rules of Civil Procedure applies to actions under this rule only to the extent consistent with 13 V.S.A. § 4056. Rule 30 of the Vermont Rules of Civil Procedure applies to actions under this rule except that a deposition may be taken only by order for good cause shown. Rule 58 of the Vermont Rules of Civil Procedure applies to actions under this rule except that a judgment need not be set forth on a separate document and is effective only when it is in writing, signed by the judge, and entered as provided in Rule 79(a) of those rules.

(b) Parties. A state’s attorney, the Office of the Attorney General, or a family or household member may file a petition requesting that the court issue an extreme risk protection order. When a petition is filed by a family or household member, the state’s attorney of the county where the petition was filed will be substituted as the plaintiff in the action upon the issuance of an ex parte order or at least seven days prior to the hearing on the petition. Upon substitution of the state’s attorney as the plaintiff, the family or household member will no longer be a party. Following substitution of the state’s attorney, the court will provide the family or household member with copies of the notices of hearing, filings, and orders subsequently issued in the case.

(c) Content of Petition. A petition seeking an extreme risk protection order must allege that the respondent poses an extreme risk of causing harm to the respondent or to another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control. An affidavit in support of the petition must state the specific facts supporting the allegations; any dangerous weapons the petitioner believes to be in the respondent’s possession, custody or control and whether any abuse prevention proceedings or petitions against stalking have been filed with respect to the respondent and whether any orders from such proceedings are in effect. If the petitioner is a family or household member, the petitioner must also provide an address, telephone number, and email address if available for notification purposes which must not be provided to any person other than the state’s attorney without the written consent of the petitioner.

(d) Emergency Relief. Temporary orders may be issued ex parte, without written or oral notice to the respondent or respondent’s attorney, upon motion, affidavit, and findings by the court as required by 13 V.S.A. § 4054. If a temporary ex parte order is issued, the court will hold a hearing on the petition within 14 days unless the petition is voluntarily dismissed.

(e) Denial of Ex Parte Temporary Orders. When a judge denies an application for temporary order under this rule, the judge must state the particular reasons for the denial in its decision.

(f) Transmittal to State’s Attorney. If the petition and/or motion for an ex parte temporary order is filed by a family or household member, the court must transmit a copy of all documents to the state’s attorney of the county where the petition was filed, along with all supporting documents as follows:

(1) If the request for an ex parte temporary order is granted, the clerk must transmit the documents to the state’s attorney forthwith together with the temporary order and notice of hearing.

(2) If the request for an ex parte temporary order is denied, the clerk must transmit the documents to the state’s attorney together with the court’s statement of reasons for the denial.

(3) If there is no request for an ex parte temporary order, the clerk must transmit the documents to the state’s attorney together with a notice of hearing no later than 7 days prior to date of the hearing.

(g) Voluntary Dismissal of Motion for Temporary Order. The prosecutor may voluntarily dismiss a motion for a temporary order prior to hearing. If the prosecutor voluntarily dismisses a motion for an ex parte temporary order, the court will vacate the temporary ex parte order and direct the person in possession of the dangerous weapon to return it to the respondent consistent with 13 V.S.A. § 4059. If the petition was filed by a family or household member, the court will provide notice of the dismissal to the family or household member.

(h) Grant of Order.

(1) All orders. An order issued under this rule must contain the name and address of the court, the names of the parties, the date of the petition, a statement of the grounds for issuance of the order, the findings that support the order, the date and time of the order, the date and time that the order expires, a description of the requirements for relinquishment of the weapons and a statement to the respondent in substantially the same form as set forth in 13 V.S.A. § 4053(e)(2)(G). In addition, all orders must bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”

(2) Ex Parte Orders. If the order is issued ex parte, it must also state upon its face the date and time of the hearing when the respondent may appear to contest the order. The opportunity to contest will be scheduled as soon as reasonably possible, but in no event more than 14 days after the date of the issuance of the order.

(3) Final Orders. All final orders must contain a description of how to appeal the order; a description of how to request termination of the order; and a statement directing the entity or person in possession of the firearm to release it to the owner upon expiration of the order.

(i) Electronic Issuance of Temporary Ex Parte Orders. The court may issue an ex parte extreme risk protection order by telephone or by reliable electronic means pursuant to 13 V.S.A. § 4054(d)(2).

(j) Termination Motion. A motion to terminate an extreme risk protection order may be filed by a respondent no more than once during the effective period of the order. The court will schedule a hearing within 14 days of the filing of the motion. Notice of the hearing will be served by a law enforcement officer pursuant to 13 V.S.A. § 4056. If the court denies the motion, the court must state the particular reasons for the denial in its decision.

(k) Renewal Motion. A state’s attorney or the Office of the Attorney General may file a motion to renew a final order for an additional period of six months. The motion must be accompanied by an affidavit and filed not more than 30 days and not less than 14 days before the expiration date of the order. The motion and affidavit must comply with 13 V.S.A. § 4053(c). The court will schedule a hearing within 14 days of the filing of the motion. Notice of the hearing together with the motion must be served by a law enforcement officer pursuant to 13 V.S.A. § 4056. If the court grants the motion to renew, the court must issue an order that complies with the requirements for final orders for extreme risk protection. If the court denies the motion, the court must state the particular reasons for the denial in its decision.