State Court Stipulation and Order — Vermont

STIPULATION AND [PROPOSED] ORDER

Vermont Superior Court, Civil Division — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to a Vermont civil action have reached an agreement on procedural or substantive matters and wish to submit that agreement to the court as a stipulation with a proposed order for judicial adoption. Under Vermont practice, stipulations are commonly used to modify scheduling orders, extend discovery deadlines, continue hearings, agree upon discovery protocols, and memorialize settlement terms.

Vermont civil actions are filed in the Superior Court, Civil Division. Vermont's Superior Court is organized by county unit. Each county unit may have its own local practices supplementing the Vermont Rules of Civil Procedure. Always consult the applicable unit's local rules and any standing Case Management Orders before filing. Note that V.R.C.P. 16.2, governing scheduling orders, was amended effective July 1, 2025 to clarify that scheduling orders may be issued on stipulation of the parties without a hearing or conference, and to include the close of discovery as a required scheduling order element. V.R.C.P. 43(h), authorizing use of unsworn declarations in place of affidavits, was also promulgated effective July 1, 2025.

Vermont courts use the Odyssey File & Serve system for electronic filing. Vermont Judiciary information is available at www.vermontjudiciary.org.

Before Filing:

☐ Confirm all parties have reviewed and consented to the stipulated terms in writing

☐ Verify the assigned judge's individual practices and chambers requirements for stipulations and proposed orders

☐ Confirm compliance with V.R.C.P. 16.2 (as amended effective July 1, 2025) if the stipulation modifies a Case Management Order or Scheduling Order

☐ Check whether the proposed modification will affect the trial date or any jury draw date

☐ Determine whether mediation under V.R.C.P. 16.3 is required or has been scheduled, and whether the stipulation affects any mediation deadline

☐ Determine whether e-filing is required through the Vermont Judiciary's Odyssey File & Serve system under Administrative Order 44

☐ Prepare a proposed order in Word format if required by the assigned judge or court unit

☐ Attach any referenced exhibits, prior scheduling orders, or supporting declarations

☐ Confirm compliance with V.R.C.P. 29 if the stipulation modifies discovery procedures or deadlines

☐ Identify the applicable county unit and confirm compliance with any unit-specific requirements

SECTION 1: CASE CAPTION

STATE OF VERMONT

SUPERIOR COURT

[________________________________] UNIT, CIVIL DIVISION

(Select applicable county unit)

☐ Addison Unit (Middlebury)

☐ Bennington Unit (Bennington / Manchester)

☐ Caledonia Unit (St. Johnsbury)

☐ Chittenden Unit (Burlington)

☐ Essex Unit (Guildhall)

☐ Franklin Unit (St. Albans)

☐ Grand Isle Unit (North Hero)

☐ Lamoille Unit (Hyde Park)

☐ Orange Unit (Chelsea)

☐ Orleans Unit (Newport)

☐ Rutland Unit (Rutland)

☐ Washington Unit (Montpelier)

☐ Windham Unit (Brattleboro)

☐ Windsor Unit (Woodstock)

Docket No.: [________________________________]

Judge / Judicial Officer: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

SECTION 2: PARTY AND ATTORNEY IDENTIFICATION

Plaintiff's Counsel

Defendant's Counsel

Additional Parties (if applicable)

SECTION 3: STIPULATION OF THE PARTIES

COME NOW Plaintiff [________________________________] ("Plaintiff") and Defendant [________________________________] ("Defendant") (collectively, the "Parties"), by and through their respective undersigned counsel of record, and pursuant to the Vermont Rules of Civil Procedure and any applicable local practices of the [________________________________] Unit, Civil Division, respectfully submit this Stipulation and jointly request that the Court enter the attached Proposed Order. In support thereof, the Parties state as follows:

3.1 Recitals and Background

1. This action was commenced on [__/__/____] by the filing of a Complaint in the Vermont Superior Court, [________________________________] Unit, Civil Division.

2. The case is assigned to the Honorable [________________________________].

3. The Court entered the following relevant prior order(s) on [__/__/____]: [________________________________]

4. The current Case Management Order and Scheduling Order, dated [__/__/____], governs the following deadlines pursuant to V.R.C.P. 16 and 16.2 (as amended effective July 1, 2025):

• Deadline to Join Additional Parties: [__/__/____]
• Deadline to Amend Pleadings: [__/__/____]
• Close of All Discovery: [__/__/____]
• Expert Disclosures (Plaintiff) pursuant to V.R.C.P. 26(b)(4): [__/__/____]
• Expert Disclosures (Defendant) pursuant to V.R.C.P. 26(b)(4): [__/__/____]
• Mediation Completion Date pursuant to V.R.C.P. 16.3: [__/__/____]
• Dispositive Motion Deadline (V.R.C.P. 56): [__/__/____]
• Jury Draw Date: [__/__/____] (if applicable)
• Trial Date: [__/__/____]

5. The Parties have conferred in good faith and have agreed upon the terms set forth below.

6. The basis for this Stipulation is as follows: [________________________________]

3.2 Stipulated Terms

The Parties hereby stipulate and agree to the following terms:

Term 1: [________________________________]

Term 2: [________________________________]

Term 3: [________________________________]

Term 4: [________________________________]

Term 5: [________________________________]

(Add or remove terms as necessary)

3.3 Type of Stipulation

(Select all that apply)

☐ Scheduling Modification — Extension or modification of deadlines set by the Court's Case Management Order or Scheduling Order under V.R.C.P. 16.2. Under the 2025 amendments to V.R.C.P. 16.2, a scheduling order may be issued on stipulation of the parties without a hearing or conference, and must include a date for close of all discovery. The Parties represent that the requested modification ☐ will not / ☐ will affect the current trial date. If modification of the trial date is required, the Parties propose a new trial date of [__/__/____] or the first available date thereafter convenient to the Court.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to V.R.C.P. 29. Expert disclosure deadlines are governed by V.R.C.P. 26(b)(4). The Parties agree that: [________________________________]. Note: Pursuant to V.R.C.P. 29, stipulations that would interfere with any time set for the close of discovery, for hearing of a motion, or for trial require court approval.

☐ Continuance — The Parties jointly request that the hearing/conference/trial currently scheduled for [__/__/____] be continued to [__/__/____] or the first available date thereafter convenient to the Court, for the following reason: [________________________________]

☐ Voluntary Dismissal — The Parties stipulate to the voluntary dismissal of this action ☐ with prejudice / ☐ without prejudice pursuant to V.R.C.P. 41(a), with each party to bear its own costs and attorney fees unless otherwise stated herein. A notice of dismissal or stipulation of dismissal signed by all parties who have appeared shall be filed with the Court.

☐ Settlement Terms — The Parties have reached a settlement agreement and request that the following terms be incorporated into a court order: [________________________________]

☐ Confidentiality / Protective Order — The Parties agree to the entry of a confidentiality order governing [________________________________] pursuant to V.R.C.P. 26(c).

☐ Mediation / ADR Scheduling — Pursuant to V.R.C.P. 16.3, the Parties agree to the following mediation or alternative dispute resolution schedule: [________________________________]. Note: Under the 2025 amendments to V.R.C.P. 26(f), the discovery conference order must include a date for completion of mediation where V.R.C.P. 16.3 requires it.

☐ Summary Judgment Matters — This stipulation addresses matters relating to V.R.C.P. 56, including: [________________________________]

☐ Other — [________________________________]

3.4 Good Cause Statement

Good cause exists for the relief requested herein because: [________________________________]

The Parties represent that this Stipulation is not made for the purpose of delay, is not the result of lack of diligence, and is consistent with the fair and expeditious resolution of the action under V.R.C.P. 1. Under V.R.C.P. 6(b), the Court may, for cause shown, enlarge the time within which an act is required or allowed to be done.

3.5 Impact on Schedule

☐ This stipulation will not affect the current trial date, jury draw date, or other pending deadlines.

☐ This stipulation will affect the following deadlines, and the Parties propose the following revised schedule:

3.6 Unit-Specific Filing Requirements

(Identify the applicable county unit and confirm compliance)

☐ Chittenden Unit (Burlington) — The Chittenden Unit Civil Division is Vermont's largest civil docket and handles complex commercial disputes in addition to general civil matters. E-filing through Odyssey File & Serve is required for attorneys. Proposed orders in Word format are typically required by the assigned judge. Unit-specific practices are available at www.vermontjudiciary.org.

☐ Washington Unit (Montpelier) — The Washington Unit Civil Division is subject to applicable unit practices. E-filing through Odyssey File & Serve is required for attorneys. Contact the court clerk's office for the assigned judge's requirements for proposed orders.

☐ Windham Unit (Brattleboro) — Subject to applicable Windham Unit practices. E-filing through Odyssey File & Serve is required for attorneys. Confirm the assigned judge's requirements for proposed order format.

☐ Windsor Unit (Woodstock) — Subject to applicable Windsor Unit practices. E-filing through Odyssey File & Serve is required for attorneys. Confirm the assigned judge's requirements for proposed order format.

☐ Rutland Unit (Rutland) — Subject to applicable Rutland Unit practices. E-filing through Odyssey File & Serve required for attorneys.

☐ Other Unit: [________________________________] — Subject to applicable practices of the [________________________________] Unit. Specific requirements: [________________________________]. Information available at www.vermontjudiciary.org.

3.7 Reservation of Rights

Nothing in this Stipulation shall be construed as a waiver of any claim, defense, right, or objection not expressly addressed herein. The Parties expressly reserve all rights not specifically modified by this agreement, including but not limited to all claims and defenses asserted in the pleadings.

3.8 Authority to Stipulate

Each undersigned attorney represents that he or she is duly licensed to practice law in the State of Vermont, is in good standing with the Vermont Bar, has full authority from his or her respective client to enter into this Stipulation, and has the authority to bind said client to the terms set forth herein.

3.9 Governing Rules

This Stipulation is governed by and submitted in accordance with the Vermont Rules of Civil Procedure, including V.R.C.P. 6(b), 16, 16.2, 29, and any applicable local practices of the [________________________________] Unit, Civil Division.

3.10 Request for Court Approval

The Parties jointly and respectfully request that the Court adopt this Stipulation as its Order and enter the Proposed Order set forth in Section 5 below. Under V.R.C.P. 16.2 (as amended effective July 1, 2025), a scheduling order may be issued on stipulation of the parties without the necessity of a hearing or conference, which the Parties understand does not eliminate the requirement of judicial approval and entry of the order.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

RESPECTFULLY SUBMITTED this [____] day of [________________________________], 20[____].

Plaintiff's Counsel

By: _______________________________________________

[________________________________]

Vermont Bar No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Vermont [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

By: _______________________________________________

[________________________________]

Vermont Bar No. [________________________________]

[________________________________] (Firm Name)

[________________________________] (Street Address)

[________________________________], Vermont [____]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Additional Party or Self-Represented Party (if applicable)

By: _______________________________________________

[________________________________] (Printed Name)

Vermont Bar No. [________________________________] (if counsel)

[________________________________] (Firm or Address)

[________________________________], Vermont [____]

Telephone: [________________________________]

Email: [________________________________]

☐ Counsel for [________________________________] ☐ Self-Represented Party — ☐ Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party as needed)

By: _______________________________________________

[________________________________] (Printed Name or Attorney Name)

Vermont Bar No. [________________________________] (if applicable)

☐ Counsel for / ☐ Self-Represented — [________________________________]

SECTION 5: [PROPOSED] ORDER

STATE OF VERMONT

SUPERIOR COURT

[________________________________] UNIT, CIVIL DIVISION

Docket No.: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

ORDER

THE COURT, having reviewed the foregoing Stipulation of the Parties, and finding good cause for the relief requested therein, and pursuant to the Court's case management and scheduling authority under V.R.C.P. 16, 16.2, and 16.3,

HEREBY ORDERS as follows:

1. The Parties' Stipulation is APPROVED and incorporated herein by reference as if fully set forth.

2. [________________________________] (Restate Term 1 in operative order language)

3. [________________________________] (Restate Term 2 in operative order language)

4. [________________________________] (Restate Term 3 in operative order language)

5. [________________________________] (Additional terms as needed)

IT IS FURTHER ORDERED that, except as specifically modified herein, the Case Management Order and Scheduling Order dated [__/__/____] shall remain in full force and effect and all prior orders of this Court are unaffected.

SO ORDERED at [________________________________], Vermont, this [____] day of [________________________________], 20[____].

_______________________________________________

Honorable [________________________________]

Judge, Vermont Superior Court, [________________________________] Unit, Civil Division

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Stipulation and [Proposed] Order upon all counsel of record and parties in this action via the method(s) checked below, in accordance with V.R.C.P. 5(b):

☐ Odyssey File & Serve (Vermont e-filing) — Filed and served via the Vermont Judiciary's Odyssey File & Serve electronic filing system pursuant to Administrative Order 44, which provided service on all registered attorneys of record at their registered e-mail addresses.

☐ First-Class U.S. Mail — A true and correct copy was placed in the United States mail, first-class postage prepaid, addressed to the following parties not registered with the e-filing system:

☐ Hand Delivery / Personal Service — A true and correct copy was delivered by hand to the following:

☐ Electronic Mail (by written agreement) — A true and correct copy was sent via e-mail by written agreement of counsel to:

☐ Facsimile — A true and correct copy was transmitted by facsimile to:

_______________________________________________

[________________________________]

Vermont Bar No. [________________________________]

Counsel for [________________________________]

SECTION 7: FILING AND PRACTICE CHECKLIST

Pre-Filing

☐ Obtain written confirmation of consent from all parties or their counsel

☐ Identify the controlling Vermont Rule(s) of Civil Procedure applicable to the stipulation (e.g., V.R.C.P. 16.2, 29, 41(a), 56)

☐ Review the assigned judge's practices and any applicable unit-specific requirements

☐ Review the current Case Management Order and Scheduling Order to confirm which deadlines are affected

☐ Determine whether the proposed modification will affect the jury draw date or trial date

☐ Assess whether mediation has been ordered under V.R.C.P. 16.3 and whether the stipulation affects any mediation deadline

☐ Confirm Odyssey File & Serve registration and account status for all filing attorneys

☐ Draft the stipulation with specificity as to each agreed term

☐ Prepare a proposed order as a separate document

☐ Confirm whether the assigned judge requires a Word version of the proposed order submitted to chambers

Filing

☐ Access the Vermont Judiciary's Odyssey File & Serve system at https://vermont.tylerhost.net/ofsweb and select the correct case and filing type

☐ Upload the Stipulation as the lead document in PDF format

☐ Attach the Proposed Order as a separate document

☐ Attach all referenced exhibits, prior scheduling orders, or supporting materials

☐ Submit a Word version of the proposed order to chambers if required by the assigned judge

☐ Confirm successful submission and retain the Odyssey confirmation number

Post-Filing

☐ Verify that Odyssey File & Serve electronic notification was transmitted to all registered counsel of record

☐ Serve any parties not registered with the e-filing system by mail, hand delivery, or other method permitted under V.R.C.P. 5(b)

☐ Calendar all new deadlines established by the stipulation

☐ Monitor the docket for entry of the Order

☐ Update the case management schedule and internal calendars upon entry of the Order

SECTION 8: VERMONT-SPECIFIC PRACTICE NOTES

Vermont Superior Court Structure

Vermont's Superior Court is a unified trial court with subject-matter divisions (Civil, Criminal, Family, Probate) organized into fourteen county units. Civil actions are filed in the Civil Division of the unit corresponding to the county where the action is properly venued. The Civil Division has general jurisdiction over civil matters pursuant to 12 V.S.A. § 1 et seq.

V.R.C.P. 16.2 — Scheduling Orders (2025 Amendment)

V.R.C.P. 16.2, governing scheduling orders, was amended effective July 1, 2025. Key changes include: (1) a scheduling order may be issued on stipulation of the parties without the necessity of a hearing or conference; (2) a date for the close of all discovery is expressly added to the required contents of a scheduling order; and (3) "other appropriate matters" are added to the list of permissible scheduling order contents. These amendments align Vermont's scheduling practice with modern best practices and give parties a streamlined pathway for jointly proposed scheduling orders.

V.R.C.P. 16.3 — Mediation

V.R.C.P. 16.3 governs mediation in Vermont civil actions. Courts may order mediation as part of case management. Under the 2025 amendment to V.R.C.P. 26(f), when V.R.C.P. 16.3 requires mediation, the discovery conference order must include a date for completion of mediation. Parties stipulating to schedule modifications should confirm whether a mediation completion deadline is part of the operative scheduling order and address any needed modification of that deadline.

V.R.C.P. 26(b)(4) — Expert Discovery

Expert witness discovery in Vermont civil actions is governed by V.R.C.P. 26(b)(4), which addresses the discovery of facts known and opinions held by experts expected to testify at trial. Expert disclosures and reports must comply with the requirements of the applicable scheduling order. Stipulations modifying expert disclosure deadlines should expressly cite V.R.C.P. 26(b)(4) and identify the specific deadline being modified.

V.R.C.P. 29 — Discovery Stipulations

Under V.R.C.P. 29, parties may by written agreement modify discovery procedures, including the time and manner of depositions. Stipulations that would interfere with any time set for the close of discovery, for hearing of a motion, or for trial require court approval and must be incorporated into a court order. For any modification affecting a scheduling order deadline, this court order is required.

V.R.C.P. 41(a) — Voluntary Dismissal

Under V.R.C.P. 41(a)(1), a plaintiff may dismiss an action without order of court by filing a notice of dismissal before service of an answer or motion for summary judgment by the adverse party. After such service, under V.R.C.P. 41(a)(2), dismissal may be had only upon order of court or by filing a stipulation of dismissal signed by all parties who have appeared.

V.R.C.P. 43(h) — Declarations (eff. July 1, 2025)

V.R.C.P. 43(h) was promulgated effective July 1, 2025 and authorizes the use of an unsworn declaration in place of an affidavit or notarized statement whenever the rules or a court order require such a filing. A declaration under V.R.C.P. 43(h) must be signed under the penalties of perjury as applicable under Vermont law. V.R.C.P. 56 was simultaneously amended to refer to a "declaration" as well as an "affidavit."

Vermont e-Filing — Odyssey File & Serve / Administrative Order 44

Vermont's statewide e-filing system is Odyssey File & Serve, operating under Administrative Order 44. Attorneys are generally required to e-file in civil matters. The system provides automatic electronic service on all registered attorneys of record. Self-represented parties may file conventionally through the court clerk's office. Documents should be submitted in PDF format, and confirmation numbers retained for each filing. Access the system at https://vermont.tylerhost.net/ofsweb.

Sources and References

• Vermont Rules of Civil Procedure (complete text and recent amendments): Vermont Judiciary
• Vermont Judiciary — Promulgated Rules (recent amendments including V.R.C.P. 16.2, 26(f), 43(h)): Vermont Judiciary
• Vermont Judiciary — Court Information and Unit Contacts: Vermont Judiciary
• Odyssey File & Serve (Vermont e-filing): Vermont Judiciary e-filing
• V.R.C.P. 16.2 (Scheduling Orders, amended July 1, 2025): Vermont Rules of Civil Procedure, Rule 16.2
• V.R.C.P. 16.3 (Mediation): Vermont Rules of Civil Procedure, Rule 16.3
• V.R.C.P. 26(b)(4) (Expert Discovery): Vermont Rules of Civil Procedure, Rule 26(b)(4)
• V.R.C.P. 29 (Discovery Stipulations): Vermont Rules of Civil Procedure, Rule 29
• V.R.C.P. 41(a) (Voluntary Dismissal): Vermont Rules of Civil Procedure, Rule 41(a)
• V.R.C.P. 43(h) (Declarations, eff. July 1, 2025): Vermont Rules of Civil Procedure, Rule 43(h)
• Vermont Superior Court Jurisdiction: 12 V.S.A. § 1 et seq.

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use. Laws and court rules change frequently; verify all citations and local requirements before filing.