Rule 79.1 - Appearance and Withdrawal of Attorneys and Self-Represented Parties(a)Appearance: in general. Upon the filing of a proceeding, or the entry of a general appearance pursuant to subdivision (b) or of a limited appearance pursuant to subdivision (h), the name of the attorney shall be entered on the docket. If any party changes attorneys during the proceeding, the name of the new attorney shall be substituted on the docket for that of the former attorney. Until notice of the change of an attorney, any notice given to or by the attorney first appearing shall be considered in all respects as notice to or from the attorney's client, except in cases in which by law the notice is required to be given to the party personally. Nothing in these rules shall be construed to prevent any party in a suit from appearing pro se, in which case the party so appearing shall be subject to the same rules that are or may be provided for attorneys in like cases, so far as the same are applicable. (b)Appearance of an Attorney. Except as provided in a limited appearance under subdivision (h), an attorney's signature to pleading shall constitute an appearance. Otherwise an attorney who wishes to participate in any action must file notice in writing with the register. An appearance, whether by pleading or by formal written appearance, shall be signed by the individual in the individual's name and shall state the individual's postal and email address. For attorneys, the address shall be their office address. (c) Appearance by Self-Represented Parties. When a party who is not an attorney is self-represented, the party must complete and sign a notice of appearance form for self-represented parties, providing a telephone number, street address, and mailing address if different. The party must provide an email address if the party has one and indicate if the party consents to receive service by email at that address. Even if a self-represented party has not consented or agreed 8 to service by email, if the self-represented party has no valid physical or postal address, the self-represented party may be served by email at any email address that the party has provided in a court filing. When a party is self-represented, the party is governed by Rule 11 as if the party were an attorney.(d)Attorneys not admitted to practice in Vermont. Any member in good standing of the bar of any other state or of the District of Columbia who has filed a pro hac vice licensing statement form with the Court Administrator and who has paid the required fee, in accordance with Administrative Order No. 41, § 16, shall, on motion by a member of the bar of this state who is actively associated with that attorney in a particular action, be admitted to practice in that action. The motion shall designate which attorney will serve as lead counsel and be accompanied by the pro hac vice licensing card as required by Administrative Order No. 41, § 16. The court may at any time for good cause revoke such admission. An attorney so admitted to practice in a particular action shall at all times be associated in such action with a member of the bar of this state, upon whom all process, notices and other documents shall be served and who shall sign all documents filed with the court and whose attendance may be required by the court.(e) Withdrawal: in general. Except as may be otherwise agreed or ordered pursuant to a limited appearance under subdivision (h), an attorney who has entered an appearance shall remain as counsel until granted leave to withdraw by the court or until the judgment in the proceeding becomes final. Leave to withdraw after a case has been set for a hearing will be granted only for good cause shown and on such terms as the court may order. No motion to withdraw shall be considered by the court until the party who the attorney represents has been given notice of the motion and the date and time of hearing thereon by the register. The only exceptions to this shall be (1) when the attorney includes in the motion an affidavit that after diligent search the attorney cannot determine the present address of the party, and (2) when other counsel has entered an appearance for the party. (f) Same: notification of party. When an attorney has been granted leave to withdraw an appearance, the register shall notify the party forthwith, by mail, of such withdrawal, and inform said party that unless the party enters a notice of appearance to be self-represented or appears by attorney within thirty days after receipt of such notification, the action may be dismissed.(g) Sanctions against attorneys. If an attorney fails to file an inventory, accounting or other paper as required by law, without fault of the party represented by the attorney and after a direction to file by the court, or if an attorney signs a paper in violation of Rule 11, the court may, on its own motion or on motion of a party to the proceeding and a proper showing by that party, impose an appropriate sanction which may include an order to pay to other parties the amount of reasonable expenses or losses incurred because of the filing or failure to file, including a reasonable attorney's fee. A copy of the sanction order shall be sent to the party represented by the attorney. (h) Limited Appearance. (1) An attorney acting pursuant to an agreement with a client for limited representation that complies with the Vermont Rules of Professional Conduct may enter an appearance limited to one or more of the following purposes on behalf of a client who is self-represented and who has entered, or will enter, an initial appearance in accordance with subdivision (a): (A) Filing a petition or other pleading; (B) Conducting one or more specific discovery procedures; (C) Acting as counsel for a particular hearing or court event; (D) Taking and perfecting an appeal; (E) With leave of court, for a specific issue or a specific portion of a hearing. (2) An attorney who wishes to enter a limited appearance shall do so by filing with the register and serving pursuant to Rule 5 a written notice of limited appearance as soon as practicable prior to commencement of the appearance. The purpose and scope of the appearance shall be specifically described in the notice, which shall represent that the client is self-represented and has entered, or will forthwith enter, an initial appearance. The attorney's name and a brief statement of the purpose of the limited appearance shall be entered upon the docket. The notice and all actions taken pursuant to it shall be subject to the obligations of Rule 11. (3) An attorney who has entered a limited appearance shall be granted leave to withdraw as a matter of course when the purpose for which the appearance was entered has been accomplished. An attorney who seeks to withdraw before that purpose has been accomplished may do so only on motion and notice, for good cause and on terms, as provided in subdivision (e). (4) Every document required by Rule 5 to be served upon a party's attorney that is to be served after entry of a limited appearance shall be served upon the party and upon the attorney entering that appearance unless the attorney has been granted leave to withdraw pursuant to paragraph (3) of this subdivision. Amended Nov. 5, 1987, eff. 3/1/1988; 5/5/2006, eff. 6/30/2006; 7/10/2012, eff. 9/10/2012; 2/6/2013, eff. 4/8/2013; amended Sept. 5, 2018, eff. 11/5/2018; amended Dec. 10, 2019, eff. 3/2/2020; amended Aug. 9, 2022, eff. 9/6/2022; amended December 12, 2022, eff. 2/13/2023.Reporter's Notes-2023 Amendment
Rule 79.1(d) is amended to make clear that admission pro hac vice is a matter of course on motion supported by the pro hac vice licensing card issued by the Court Administrator pursuant to A.O. 41, § 16. The card is issued on payment of fee and on the basis of the applicant's certification that the applicant is not suspended or disbarred in any jurisdiction and is in good standing and admitted to practice in the licensing state. The licensing card is sufficient to show the court where the case is pending that the applicant is in good standing and not subject to any discipline. The court retains control over the conduct of the out-of-state attorney and of the sponsoring attorney, whose signature is on the motion, and the court may revoke the admission for good cause. This amendment is made with contemporaneous amendment of identical provisions of V.R.C.P. 79.1(e), V.R.Cr.P. 44.2(b) and V.R.F.P. 15(e).
Rule 79.1(d) is amended to comport with general revisions of Administrative Order No. 41, governing Licensing of Attorneys, effective May 15, 2017. In the revision and restyling of A.O. 41, former § 13, Admission Pro Hac Vice, is now designated as § 16 of A.O. 41.
Reporter's Notes-2020 Amendment
Rule 79.1(i) is amended to clarify that it cross references the 2010 Vermont Rules for Electronic filing.