Rule 77 Probate Courts and Registers

(a) Probate courts always open. The probate court shall be open at all times for the purpose of filing papers, of issuing and returning process and of making and directing all motions, orders and rules.

(b) Hearings. Except as provided hereinafter or by law, all hearings upon the merits of a contested matter shall be open. When a hearing involves the appointment of a guardian for a minor, the court, on motion of a party or its own motion, may exclude any person other than the parties, their counsel, or witnesses and other persons accompanying a party to assist that party. Any act or proceeding may be done without the attendance of the register or other court officials and at any place within the district where filed.

(c) Register’s office; orders by the register. The register’s office with a register or clerical assistant in attendance shall be open during business hours on all days except Saturdays, Sundays and legal holidays. The register may make out and sign process and other instruments as provided by law. The action of the register may be suspended or rescinded by the probate judge upon cause shown unless the judge is disqualified to act.

(d) Notice by the Register.

(1) Orders or Judgments. Immediately upon the entry of an order or judgment, the register shall give a notice of the entry, with a conformed copy of the judgment, to every party who was served with the paper or received notice of the hearing on which the order or judgment is based. The register shall make a note in the docket of the notice. Any party may in addition serve a notice of such entry in a manner provided in Rule 5 for service of papers. Lack of notice of the entry by the register does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 72 of the Vermont Rules of Civil Procedure.

(2) Method of Giving Notice. The register shall give notice under paragraph (1), and shall give any other notice that these rules require the register to give, by a method that the Supreme Court has provided by administrative order or directive. That notice shall be sufficient for all purposes for which notice by the clerk is required under these rules.

(e) Confidentiality of records. All records of the court are open to public inspection except as provided by the Vermont Rules for Public Access to Court Records or other provision of law.