Rule 33.1 - Summary Procedures on Appeal(a)Orders.(1) If all members not disqualified agree, the Court may order that any case be set for consideration before a panel of three justices.(2) If no party requests oral argument by the date set by the clerk, the matter will be considered on the briefs unless the Court directs otherwise.(b)Oral Argument.(1)Generally. Unless otherwise ordered by the Court, the allotted time for oral argument will be five minutes per side, including any time reserved by the appellant for rebuttal.(2)Remote Argument. Unless otherwise ordered under (b)(3), all arguments before a panel will be scheduled for remote audio or video participation by all parties.(3)In-Person Argument. In-person argument is not available when one party is incarcerated and self-represented. In all other cases, oral argument will be held in person if the Court grants a motion for an in-person argument for good cause. The motion must be filed as soon as possible and no later than 7 days prior to the scheduled argument date.(4)Technology Failure. In the event of a technology failure during a remote hearing, the Court may reschedule the oral argument, consider the case without oral argument, or take other appropriate action.(c)Disposition.(1) Any case considered by a three-justice panel must be decided by a unanimous opinion. (2) The panel may direct that the case be reargued before the full Court and must do so if the panel cannot reach a unanimous decision on the merits. (3) Before determining that it cannot reach a unanimous decision, the panel may retain the case and order additional briefing.(4) If the panel orders argument before the full Court, the Court may identify matters to be reargued or rebriefed.(d)Nonprecedential Status of Decisions.(1) An unpublished decision by a three-justice panel may be cited as persuasive authority but is not controlling precedent, except as provided below. (2) The decision may be controlling with respect to issues of:(C) the law of the case; and(D) similar issues involving the parties or facts of the case in which the decision was issued.Added Aug. 7, 1990, eff. 5/1/1991; amended Aug. 11, 1993, eff. 8/31/1993; 10/19/1999, eff. 12/31/1999; 7/15/2010, eff. 7/15/2010; 6/11/2013, eff. 9/1/2013; amended Sept. 20, 2017, eff. 1/1/2018; amended Sept. 20, 2017, eff. 1/1/2018; amended August 9, 2022, eff. 10/1/2022.Reporter's Notes-2018 Amendment
Rules 33.1(b)(2) and (3) are amended to conform their 3-day time periods to the simultaneous amendment of V.R.C.P. 6(a).
13. That Rule 39(d) of the Vermont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):