Certificate of Service

CERTIFICATE OF SERVICE

State of Vermont — Superior Court

VERMONT SERVICE RULES — QUICK REFERENCE

Primary Authority: Vermont Rules of Civil Procedure Rules 5 and 6, as amended, govern service of papers after the initial process in Vermont civil actions in Superior Court.

Who Must Be Served (V.R.C.P. 5(a)): Every pleading subsequent to the original complaint (unless the court orders otherwise because of numerous defendants); every paper relating to discovery required to be served; every written motion (except one which may be heard ex parte); and every written notice, appearance, demand, offer of judgment, and similar paper must be served on each party. Service on a represented party is made on their attorney.

Authorized Methods of Service (V.R.C.P. 5(b)):

• Hand delivery: Delivering a copy in person to the attorney or party
• Office delivery: Leaving a copy at the attorney's office with a clerk or other person in charge
• Dwelling delivery: If the office is closed or no office exists, leaving at the dwelling house or usual place of abode with a person of suitable age and discretion
• Mail: Enclosing in an envelope, properly addressed, with postage prepaid, and depositing in the U.S. mail; complete upon mailing
• Fax: To a fax number maintained by the recipient
• Email: When the recipient has consented in writing or has filed a notice of appearance with an email address; complete upon transmission
• Odyssey File & Serve (OFS): Vermont's e-filing platform for attorneys required to file electronically

Mail Service — Three-Day Extension (V.R.C.P. 6(e)): When any act or proceeding may or must be done within a prescribed period after service of a paper, and service is by mail, three (3) additional days are added to the prescribed period. No extension applies to electronic service through OFS or email.

Vermont E-Filing — Odyssey File & Serve (OFS): Vermont attorneys are generally required to use Odyssey File & Serve (OFS) for electronic filing in Superior Court. The OFS system serves registered participants automatically upon submission. Self-represented parties are not required to use OFS, but may do so voluntarily.

Email Filing and Service: Under amendments to Vermont Rules, individuals who choose not to use OFS may file by email. Self-represented parties may serve other parties by email and be served by email if they have filed a notice of appearance and consented to receive email service. Vermont Judiciary has specifically amended rules to clarify email filing and service procedures.

Certificate of Service Requirement (V.R.C.P. 5(h)): A certificate of service is required to inform the court of how service was accomplished. The certificate must be filed with the document it accompanies, or within a reasonable time after service.

Non-Sheriff/Non-Constable Service: If service is made by a person other than a sheriff, deputy sheriff, or authorized constable, proof must be made by affidavit.

Service on Self-Represented Parties: Self-represented parties who are not required to use OFS and who have not consented to email service must be served by traditional methods (mail, hand delivery). If they have filed a notice of appearance with an email address and consented to email service, email service is permitted.

PART I — CASE CAPTION

STATE OF VERMONT
SUPERIOR COURT
[________________________________] DIVISION
[________________________________] UNIT

[________________________________],
Plaintiff(s),

vs. Docket No.: [________________________________]

[________________________________],
Defendant(s).

Presiding Judge/Magistrate: [________________________________]

PART II — IDENTIFICATION OF DOCUMENT(S) SERVED

Title(s) of Document(s) Served:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Attach additional sheet if necessary)

Total Pages Served (including all exhibits and attachments): [____]

Date of Service: [__/__/____]

PART III — PARTIES AND COUNSEL SERVED

Party/Counsel No. 1:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], VT [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Vermont Bar No. (if attorney): [________________________________]
OFS Registered User: ☐ Yes ☐ No
Consented to Email Service: ☐ Yes (date: [__/__/____]) ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Petitioner ☐ Respondent ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

Party/Counsel No. 2:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], VT [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Vermont Bar No. (if attorney): [________________________________]
OFS Registered User: ☐ Yes ☐ No
Consented to Email Service: ☐ Yes (date: [__/__/____]) ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Petitioner ☐ Respondent ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

Party/Counsel No. 3:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], VT [________]
Email Address: [________________________________]
Fax Number: [________________________________]
Vermont Bar No. (if attorney): [________________________________]
OFS Registered User: ☐ Yes ☐ No
Consented to Email Service: ☐ Yes (date: [__/__/____]) ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Petitioner ☐ Respondent ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

(Attach additional sheets for additional parties)

PART IV — METHOD OF SERVICE

Select all methods used. If different parties were served by different methods, note which method applies to which party.

A. Electronic Service via Odyssey File & Serve — OFS (Vermont Administrative Order 49)

☐ Electronic Service via Odyssey File & Serve (OFS)

The document(s) was electronically filed and served through Vermont's Odyssey File & Serve platform. Upon submission, OFS automatically transmitted service notification to all registered participants in this case.

Date of Electronic Filing: [__/__/____]
Time of Submission: [____] ☐ a.m. ☐ p.m.
OFS Transaction/Confirmation Number: [________________________________]

Parties/counsel served via OFS (registered participants):
Name: [________________________________] Email: [________________________________]
Name: [________________________________] Email: [________________________________]

Parties/counsel NOT registered with OFS (served by alternative method — complete below):
Name: [________________________________] Alternative Method: [________________________________]
Name: [________________________________] Alternative Method: [________________________________]

Electronic service through OFS is complete upon transmission. No mail extension days are added.

B. Service by United States Mail (V.R.C.P. 5(b)(2))

☐ First-Class U.S. Mail — Postage Prepaid

I placed the document(s) in sealed, properly addressed envelopes with first-class postage fully prepaid and deposited them in the United States mail.

IMPORTANT — MAIL SERVICE EXTENSION: Pursuant to V.R.C.P. 6(e), when service is made by mail, three (3) additional days are added to any response or action period that begins upon service of this document.

Date of Mailing: [__/__/____]
Post Office/Mailing Location: [________________________________], Vermont
City and State: [________________________________]

☐ Certified Mail — Return Receipt Requested
Certified Mail Article Number(s): [________________________________]
Return Receipt Received: ☐ Yes Date: [__/__/____] ☐ No/Pending

Parties/counsel served by mail:
Name: [________________________________] Address: [________________________________]
Name: [________________________________] Address: [________________________________]

C. Hand Delivery / Personal Service (V.R.C.P. 5(b)(1))

☐ Hand Delivery — Directly to Attorney or Party

A copy was personally delivered to the attorney or party.

Delivered to: [________________________________]
Capacity: ☐ Attorney of Record ☐ Party ☐ Authorized Representative
Address of Delivery: [________________________________]
Date of Delivery: [__/__/____]
Time of Delivery: [____] ☐ a.m. ☐ p.m.
Delivered by: [________________________________]

☐ Left at Office — Clerk or Person in Charge

The document(s) was left at the attorney's office with a clerk or other person in charge.

Name of Person with Whom Left: [________________________________]
Title/Capacity: [________________________________]
Office Address: [________________________________]
Date and Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ Left at Dwelling — Person of Suitable Age and Discretion

The office was closed; the document(s) was left at the dwelling with a person of suitable age and discretion.

Name of Person with Whom Left: [________________________________]
Address: [________________________________]
Date and Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

D. Electronic Mail Service (V.R.C.P. 5(b) — Consent or Filed Notice with Email Address)

☐ Service by Electronic Mail (Email)

Email service is permitted when the recipient has consented in writing or has filed a notice of appearance containing an email address (and, for self-represented parties, consented to receive email service).

Basis for email service:
☐ Written consent on file (date: [__/__/____])
☐ Recipient filed notice of appearance containing email address, and has consented to email service
☐ Filing with OFS where all parties are registered users (email auto-served)

Email Address Used: [________________________________]
Date and Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
No failed/undeliverable notification received: ☐ Confirmed

Email service is complete upon transmission. No mail extension days are added. This method is specifically authorized for self-represented parties who have filed a notice of appearance with email address and consented to email service.

E. Facsimile Service (V.R.C.P. 5(b))

☐ Service by Facsimile

Fax service is made to a fax number maintained by the recipient.

Fax Number Used: [________________________________]
Date and Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Number of Pages (including cover page): [____]
Fax Transmission Confirmed: ☐ Yes ☐ No

F. Email Filing (Non-OFS) — For Self-Represented Parties or Non-OFS Users

☐ Filing and Service by Email (Non-OFS)

This filing was submitted to the court by email, pursuant to Vermont Judiciary authorization for parties who are not required to use OFS. A filing submitted prior to midnight is considered filed on that date even if processed by court staff the following business day.

Court Email Address Used: [________________________________]
Date and Time of Email Transmission to Court: [__/__/____] at [____] ☐ a.m. ☐ p.m.

Service on other parties was made simultaneously by:
☐ Email to opposing party (consent on file)
☐ U.S. Mail
☐ Hand delivery

PART V — SELF-REPRESENTED PARTY SERVICE

(Complete if any party is self-represented/pro se)

☐ One or more parties in this action are self-represented (pro se).

Self-Represented Party Name: [________________________________]
OFS Registered User: ☐ Yes ☐ No
Filed Notice of Appearance with Email Address: ☐ Yes ☐ No
Consented to Email Service: ☐ Yes (date: [__/__/____]) ☐ No

Method of service on self-represented party:
☐ OFS (registered account confirmed)
☐ Email (filed notice of appearance with email; consented — date: [__/__/____])
☐ U.S. Mail — Address: [________________________________]
☐ Hand delivery

Per Vermont Judiciary rules, self-represented parties are not required to use OFS. They may use email filing and service if they have filed a notice of appearance with an email address and consented to receive service by email. If neither condition is met, serve by mail or hand delivery.

PART VI — CERTIFICATE OF SERVICE (V.R.C.P. 5(h))

I, [________________________________], certify:

1. I am ☐ an attorney admitted to practice in Vermont (Bar No.: [________________]) ☐ a self-represented party ☐ other: [____________] in the above-captioned action.

2. On [__/__/____], I served or caused to be served a true and correct copy of the document(s) identified in Part II upon all parties and/or counsel identified in Part III, by the method(s) specified in Part IV.

3. This certificate is filed pursuant to V.R.C.P. 5(h) to inform the court of how service was accomplished.

I declare under penalty of perjury under the laws of the State of Vermont that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], Vermont.

Signature: [________________________________]

Printed Name: [________________________________]

Vermont Bar No. (if applicable): [________________________________]

Law Firm/Organization: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________], VT [________]

Phone: [________________________________]

Email: [________________________________]

PART VII — AFFIDAVIT OF SERVICE BY NON-SHERIFF/NON-CONSTABLE (V.R.C.P. 5)

(Required when service is made by a person other than a sheriff, deputy sheriff, or constable authorized by law)

I, [________________________________], declare under penalty of perjury:

1. I am not a party to this action and am over the age of 18 years.

2. I am not a sheriff, deputy sheriff, or constable.

3. My address is: [________________________________], [________________________________], Vermont [________].

4. On [__/__/____], I served the following documents:
   [________________________________]
   [________________________________]

5. Service was made upon:
   Name: [________________________________]
   By the following method: [________________________________]
   At the following address: [________________________________]
   At the following time: [____] ☐ a.m. ☐ p.m.

I declare under penalty of perjury under the laws of the State of Vermont that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], Vermont.

Signature: [________________________________]

Printed Name: [________________________________]

PART VIII — VERMONT SERVICE SUMMARY TABLE

Vermont Odyssey File & Serve: verfmt.tylertech.cloud (or the current OFS portal address)

• Vermont attorneys are generally required to use OFS for electronic filing in Superior Court.
• Self-represented parties are not required to use OFS but may do so voluntarily.
• OFS automatically serves all registered participants upon submission.
• Retain OFS transaction confirmation numbers as proof of service.

Vermont Privacy Rules: Comply with V.R.P.A. 7 (Vermont Rules for Public Access to Court Records) regarding redaction of personal identifiers (Social Security numbers, dates of birth, financial account numbers) in filed documents.

Courtesy Copies: Some Vermont Superior Court judges or hearing officers require courtesy copies. Check judge-specific requirements or divisional practices before filing.

Email Filing Deadline: A filing submitted by email prior to midnight is considered filed on that date, even if processed by court staff the following business day.

SOURCES AND REFERENCES

• Vermont Judiciary — Changes in Vermont Rules (Email Filing & Service): Vermont Judiciary
• V.R.C.P. Rule 5 (Promulgated Amendment): Vermont Judiciary — VRCP 5 PDF
• Vermont Judiciary Filing Procedures: Vermont Judiciary
• Vermont Statutes — Title 12 (Court Procedure): Vermont Legislature
• Vermont Law Help — Service Information: VT Law Help