Notice of Appearance - Vermont

NOTICE OF APPEARANCE

State of Vermont — Superior Court

1. COURT HEADER AND CAPTION

STATE OF VERMONT
SUPERIOR COURT

[________________________________] DIVISION

Select the applicable division:
☐ Civil Division
☐ Family Division
☐ Criminal Division
☐ Environmental Division
☐ Probate Division

[________________________________] UNIT

Select the applicable county unit (Vermont has 14 counties, each with a Superior Court unit):

☐ Addison Unit
☐ Bennington Unit
☐ Caledonia Unit
☐ Chittenden Unit
☐ Essex Unit
☐ Franklin Unit
☐ Grand Isle Unit
☐ Lamoille Unit
☐ Orange Unit
☐ Orleans Unit
☐ Rutland Unit
☐ Washington Unit
☐ Windham Unit
☐ Windsor Unit

2. PARTY INFORMATION

The undersigned enters this appearance on behalf of the following party:

Party Name: [________________________________]

Party Role:
☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Claimant
☐ Counter-Claimant
☐ Intervenor
☐ Petitioner
☐ Respondent
☐ Other: [________________________________]

Case Type:
☐ General Civil
☐ Small Claims (Appeal)
☐ Landlord-Tenant
☐ Personal Injury / Tort
☐ Contract / Collections
☐ Real Property
☐ Family / Domestic Relations
☐ Probate
☐ Other: [________________________________]

3. ATTORNEY INFORMATION

Additional Counsel (if applicable)

4. APPEARANCE STATEMENT

Pursuant to V.R.C.P. Rule 79.1 and V.R.C.P. Rule 5, [________________________________], Esq. (Vermont Bar No. [________________________________]), of the firm [________________________________], hereby enters an appearance in the above-captioned matter on behalf of [________________________________], [________________________________] (party designation).

The undersigned requests that all pleadings, motions, discovery, notices, orders, and other papers required to be served under V.R.C.P. Rule 5 be served upon the undersigned at the address and email set forth above.

5. TYPE OF APPEARANCE

☐ General Appearance — The undersigned enters a general appearance for all purposes in this matter, submitting to the jurisdiction of this Court.

☐ Limited Appearance (V.R.C.P. Rule 79.1(f)) — The undersigned enters a limited appearance as described in Section 7 below, consistent with V.R.C.P. Rule 79.1(f) and Vermont Rule of Professional Conduct 1.2(c).

☐ Substitution of Counsel — The undersigned enters an appearance as substitute counsel, replacing [________________________________], Esq. (Vermont Bar No. [________________________________]). A Stipulation or Motion for Substitution of Counsel is filed concurrently.

☐ Additional Counsel — The undersigned enters an appearance as co-counsel alongside [________________________________], Esq. (Vermont Bar No. [________________________________]).

☐ Pro Hac Vice Appearance — The undersigned enters an appearance pursuant to pro hac vice admission. See Section 8 below.

6. CONSENT TO ELECTRONIC FILING AND SERVICE

Electronic Filing (Odyssey File & Serve)

Pursuant to V.R.E.F. Rule 3 and Rule 5, the undersigned:

☐ Is currently registered with Odyssey File & Serve (OFS) and will file all documents electronically in this matter.
☐ Will register with Odyssey File & Serve within [____] days of this filing.

Mandatory E-Filing: Attorneys and agency personnel are required to electronically file documents through Odyssey File & Serve in all Vermont Superior Court divisions, the Judicial Bureau, the Environmental Division, and the Supreme Court. Self-represented litigants may e-file but are not required to do so. See V.R.E.F. Rule 3.

Electronic Service

Pursuant to V.R.E.F. Rule 11:

☐ The undersigned consents to electronic service through Odyssey File & Serve at the following email address: [________________________________]

☐ The undersigned does not consent to electronic service. Service shall be made by other methods authorized under V.R.C.P. Rule 5(b).

Note: When a document is filed through Odyssey File & Serve, service is automatically made on all registered e-filing participants in the case. V.R.E.F. Rule 11(b) provides that service through the OFS system constitutes valid service under V.R.C.P. Rule 5(b).

Email Filing (Alternative)

☐ The undersigned requests to file by email pursuant to the Vermont Judiciary's email filing procedure, as an alternative to Odyssey File & Serve, where permitted by the court.

Email for filing: [________________________________]

Practice Note: Vermont courts may accept email filings in certain circumstances. Check with the specific unit clerk for current email filing procedures and any applicable restrictions.

7. LIMITED APPEARANCE (V.R.C.P. RULE 79.1(f))

Complete this section only if a limited appearance is being entered.

Pursuant to V.R.C.P. Rule 79.1(f) and Vermont Rule of Professional Conduct 1.2(c), the undersigned enters a limited appearance on behalf of [________________________________] for the following specific purposes only:

☐ Representing the client at the following hearing(s): [________________________________]
☐ Filing and arguing the following motion(s): [________________________________]
☐ Conducting or responding to discovery
☐ Attending mediation or alternative dispute resolution proceedings
☐ Trial representation for proceedings on [__/__/____]
☐ Negotiating settlement
☐ Drafting and filing specific pleading(s): [________________________________]
☐ Representing the client in connection with: [________________________________]
☐ Other specified purpose(s): [________________________________]

Scope and Duration

The limited appearance shall:

Begin on: [__/__/____]

Terminate upon the earliest of:
☐ Completion of the specified purpose(s) described above
☐ The date of: [__/__/____]
☐ Entry of the Court's order on the specified motion(s)
☐ Conclusion of the specified hearing(s) or trial
☐ Other: [________________________________]

Client Acknowledgment

The Client has been informed in writing that:

1. The undersigned's representation is limited to the purposes stated above;
2. The Client remains responsible for all other aspects of the case;
3. Upon termination of the limited appearance, the Client will be treated as self-represented unless other counsel enters an appearance;
4. The undersigned will file a Notice of Completion of Limited Appearance upon concluding the limited engagement.

Withdrawal from Limited Appearance

Under V.R.C.P. Rule 79.1(f)(4), upon completion of the limited purpose, counsel shall file a Notice of Completion of Limited Appearance. The court may schedule a hearing if there is a question as to whether the limited purpose has been completed.

Important: If the limited appearance attorney seeks to withdraw before completing the limited purpose, a Motion to Withdraw must be filed and approved by the court under V.R.C.P. Rule 79.1(b)-(d).

8. PRO HAC VICE ADMISSION

Complete this section only if counsel is not admitted to the Vermont Bar.

☐ The undersigned has been admitted pro hac vice by Order dated [__/__/____].
☐ A Motion for Pro Hac Vice Admission is being filed concurrently with this Notice.

Pro Hac Vice Attorney Information

Vermont Sponsoring Attorney

A pro hac vice attorney must associate with a Vermont-licensed attorney who will serve as local counsel.

Requirements: The pro hac vice applicant must: (1) be a member in good standing of the bar of another U.S. jurisdiction; (2) associate with a Vermont-admitted attorney; (3) pay the required fee to the Vermont Bar; (4) comply with the Vermont Rules of Admission to the Bar of the Vermont Supreme Court.

9. SIGNATURE BLOCK

DATED: [__/__/____]

[________________________________]
(Firm / Organization Name)

By: ______________________________________

[________________________________], Esq.
Vermont Bar No. [________________________________]
Attorney for [________________________________]

[________________________________]
[________________________________]
[________________________________], Vermont [__________]
Telephone: [________________________________]
Email: [________________________________]

10. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing NOTICE OF APPEARANCE upon each of the following parties or their counsel of record by the method indicated below, in accordance with V.R.C.P. Rule 5(b):

Service Recipients

Recipient 1:
| | |
|---|---|
| Name | [________________________________] |
| Address / Email | [________________________________] |
| Method | ☐ Odyssey File & Serve ☐ Email ☐ U.S. First-Class Mail, postage prepaid ☐ Hand Delivery ☐ Facsimile: [________________________________] |

Recipient 2:
| | |
|---|---|
| Name | [________________________________] |
| Address / Email | [________________________________] |
| Method | ☐ Odyssey File & Serve ☐ Email ☐ U.S. First-Class Mail, postage prepaid ☐ Hand Delivery ☐ Facsimile: [________________________________] |

Recipient 3:
| | |
|---|---|
| Name | [________________________________] |
| Address / Email | [________________________________] |
| Method | ☐ Odyssey File & Serve ☐ Email ☐ U.S. First-Class Mail, postage prepaid ☐ Hand Delivery ☐ Facsimile: [________________________________] |

(Attach additional pages if needed.)

______________________________________
[________________________________], Esq.

11. E-FILING INSTRUCTIONS FOR VERMONT COURTS

Odyssey File & Serve (OFS) Procedure

1. Access the System: Navigate to the Vermont Judiciary Odyssey File & Serve portal at https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing.
2. Log In: Use your registered attorney credentials.
3. Select the Court: Choose the appropriate Superior Court unit and division.
4. Search for the Case: Enter the docket number or search by party name.
5. Select Filing Type: Choose "Notice of Appearance" from the document category.
6. Upload Document: Upload the completed Notice of Appearance as a PDF.
7. Service: OFS will automatically serve all registered e-filing participants upon acceptance by the clerk.
8. Payment: Pay any applicable filing fee electronically.
9. Confirmation: Retain the OFS filing confirmation receipt as proof of filing and service.

Important E-Filing Notes for Vermont

• Mandatory for Attorneys: All attorneys and authorized agency personnel must e-file through OFS. Failure to e-file may result in rejection of the filing.
• Self-Represented Litigants: May e-file but are not required to do so.
• Document Format: Documents must be in PDF format. Scanned documents should be legible and no larger than 25 MB per document.
• Filing Time: The e-filing system is available 24 hours a day. Documents filed after 11:59 PM Eastern Time are deemed filed on the next business day.
• Rejected Filings: If a filing is rejected by the clerk, the filer receives an electronic notification with the reason for rejection. The filer must correct and resubmit.
• Technical Difficulties: If OFS is unavailable due to technical issues, attorneys should contact the court clerk for alternative filing instructions.

12. PRACTITIONER NOTES AND VERMONT-SPECIFIC GUIDANCE

Vermont Unified Court System

Vermont operates a unified court system. In 2010, Vermont consolidated its trial courts into a single Superior Court with five divisions: Civil, Criminal, Family, Environmental, and Probate. Each of Vermont's 14 counties has a Superior Court "unit." This structure means that the same Superior Court handles matters across all divisions within each county.

Key Vermont Practice Points

1. V.R.C.P. Rule 79.1 — Appearances: Rule 79.1 governs appearances, withdrawals, and substitutions. An attorney must file a written notice of appearance to become attorney of record. The notice must include the attorney's name, bar number, address, telephone number, and email address.

2. Standing Orders: Each judge may issue standing orders that supplement the statewide rules. After entering an appearance, immediately check for any standing orders issued by the assigned judge regarding scheduling conferences, discovery deadlines, and motion practice.

3. Discovery Certificates: Some units require the filing of a discovery certificate or case management statement shortly after appearance. Check the local practices for the assigned unit.

4. Scheduling Conferences: The court may schedule an initial case management conference after all parties have appeared. Under V.R.C.P. Rule 16, the court may issue a scheduling order governing discovery, motions, and trial dates.

5. Withdrawal of Counsel: Under V.R.C.P. Rule 79.1(b)-(d), an attorney seeking to withdraw must file a motion and serve it on the client and all parties. The court must approve the withdrawal. Factors the court considers include: proximity to trial, prejudice to the client, and whether the client has been given adequate notice.

6. Service by Email: V.R.C.P. Rule 5(b)(1)(C) permits service by email when the receiving party has consented or has provided an email address in a notice of appearance. Attorneys who file through OFS are deemed to have consented to electronic service.

7. Small State Considerations: Vermont is a small jurisdiction with relatively few attorneys. Professional courtesy and cooperation are highly valued. Attorneys are expected to grant reasonable extensions and communicate promptly with opposing counsel.

8. Family Division Matters: If the appearance is in the Family Division, additional rules under V.R.F.P. (Vermont Rules for Family Proceedings) apply, including specific requirements for financial affidavits and child-related disclosures.

9. Environmental Division: Appearances in the Environmental Division are governed by V.R.E.C.P. (Vermont Rules for Environmental Court Proceedings) in addition to the general rules.

10. Pro Hac Vice: Vermont requires pro hac vice attorneys to associate with local counsel. The motion must disclose all cases in which the attorney has been admitted pro hac vice in Vermont within the past three years.

Common Mistakes to Avoid

• Using the old court terminology (e.g., "District Court" or "Superior Court — Criminal Division" as separate courts rather than divisions of the Superior Court)
• Failing to register for Odyssey File & Serve before attempting to file
• Not checking the assigned judge's standing orders
• Omitting the Vermont Bar number from the filing
• Filing in the wrong unit (county)
• Not accounting for Vermont's email service rules when providing contact information

SOURCES AND REFERENCES

• Vermont Rules of Civil Procedure: https://www.vermontjudiciary.org/attorneys/rules
• Vermont Rules of Electronic Filing: https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing
• Odyssey File & Serve: https://www.vermontjudiciary.org
• Vermont Bar Association: https://www.vtbar.org
• Vermont Statutes Online: https://legislature.vermont.gov/statutes
• V.R.C.P. Rule 79.1 (Appearances): Vermont Judiciary Rules Repository

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. All legal documents should be reviewed by a licensed attorney in the applicable jurisdiction before filing.