Vt. R. App. P. 27

As amended through November 4, 2024

Rule 27 - Motions

(a)In General.

(1)Application for Relief. An application for an order or other relief is made by motion filed with the Supreme Court clerk unless these rules prescribe another form. A motion must be in writing unless the Court permits otherwise.

(2)Contents of a Motion.

(A) A motion must state with particularity the grounds for the motion and the order or relief sought.

(B) Any brief, affidavit or other required document necessary to support a motion must be served and filed with the motion.

(3)Response and Reply. Except as provided in Rule 40 and Rule 27(b), any party may file a response to a motion within 14 days after service of the motion, unless the Court shortens or extends the time. The movant may reply to a response within 7 days after service of the response, unless the Court shortens or extends the time.

(b)Disposition of a Motion for a Procedural Order or Stay.

(1)Motion for Procedural Order. The Court may act on a motion for a procedural order--including a motion under Rule 26(b) --at any time, without notice to, or response from, other parties.

(2)Motion for Stay. The Court may act on a Rule 8 motion for a stay or other relief after reasonable notice.

(3)Reconsideration. A party adversely affected by the Court's action may file a motion to reconsider, vacate, or modify that action.

(c)Power of a Single Justice To Decide a Motion. A single justice may grant or deny any motion, but may not dismiss or otherwise determine an appeal or other proceeding. The full Court may review the action of a single justice.

(d)Form of Motions.

(1) The format of a motion is governed by Rule 32(b).

(2)Separating Motions and Responses.

(A) Motions Requesting Alternative Forms of Relief. An efiler may file motions, or responses, requesting alternative forms of relief as a single document.

(B) Motions Requesting Independent Forms of Relief. An efiler must file motions, or responses, requesting independent forms of relief as separate documents.

(C) An efiler may not respond to a motion and file a new motion in the same document.

Vt. R. App. P. 27

Amended Oct. 11, 2006, eff. 12/11/2006; 2/5/2008, eff. 4/7/2008; 6/11/2013, eff. 9/3/2013; amended Sept. 20, 2017, eff. 1/1/2018; amended July 13, 2021, eff. 8/17/2021; amended April 1, 2024, eff. 7/1/2024.

Reporter's Notes-2024 Amendment

Rule 27(b)(3) is amended to allow a reply in support of a motion. This is consistent with the federal appellate rule, as is the time allowed for the reply-7 days after service of the response unless otherwise ordered. The former rule, by which practitioners requested leave to file a reply or filed without leave, led to delay and uncertainty. The time to reply is kept short to avoid delay in resolution of motions but can be extended under V.R.A.P. 26(b). Leave to extend should be freely granted in cases of delay in mail service of the response. This amendment does not affect V.R.A.P. 27(b)(1), which allows the Court to act on a motion for a procedural order without notice to, or response from, other parties.

Reporter's Notes-2021 Amendment

Rule 27 is revised to update its requirements consistent with current practice and the implementation of an electronic case management system and electronic filing.

Rule 27(a) is amended to specify that a motion must be in writing unless the Court approves otherwise. This change is consistent with FRAP 27(a).

Subparagraph (a)(2)(B) is amended to refer to "document" instead of "paper."

Subdivision 27(d) specifies that motion format is controlled by Rule 32(b). New paragraph 27(d)(2) restates the requirements of 2020 V.R.E.F. 5(g)(1) regarding motion formatting. When documents are filed into Odyssey File and Serve they are given a title by the efiler. If the efiler combines several requests for different types of relief into one document, the different motions cannot be clearly separated in the electronic case management system and it can cause confusion for other parties responding to the motions and for the Court in resolving the motions. For example, a notice of appearance and a request to extend time should be filed as separate documents. For a further explanation, see the original Reporter's Notes to 2020 V.R.E.F. 5(f).

Reporter's Notes-2018 Amendment

Rule 27(a)(3) is amended to conform its 7-day time period to the simultaneous amendment of V.R.C.P. 6(a).

10. That Rule 28(i) of the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):