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Rule 16.1 – Complex Actions

May 14, 2021 | Civil Procedure, Vermont

(a)Designation. At any time before trial of an action in a superior court, on the Presiding Judge’s own motion or the motion of a party, the Presiding Judge may, with the approval of the Administrative Judge, designate any action under these rules a complex action if the Presiding Judge finds:

(1) That the factual or legal issues are unusually complicated; or
(2) That there is an unusual multiplicity of parties; or
(3) That there is an unusual multiplicity of cross-claims, counterclaims, or third-party claims; or
(4) That the just and efficient administration of the action will be promoted by such designation for other reasons, which other reasons shall be set forth in the order designating the action a complex action.
(b)Procedure. When the Presiding Judge has designated an action as a complex action, the Presiding Judge shall forthwith notify the Administrative Judge, who shall advise the Presiding Judge of approval or disapproval as soon as practicable after receipt of such notification. If the Administrative Judge approves the designation, the following procedure shall thereafter be observed with respect to the action:

(1) The Administrative Judge, when approving the designation, shall appoint a Superior or District Judge (who may be the Administrative Judge) to sit as Presiding Judge in all subsequent proceedings in such action, unless such judge shall be temporarily or permanently replaced by order of the Administrative Judge.
(2) Upon receipt of notification that the designation has been approved, the clerk of the court where the action is pending shall specially identify the action as a complex action on the docket and on all subsequently issued calendars and trial lists.
(3) No complex action shall be assigned for trial until a pretrial conference has been held in such action pursuant to Rule 16 of these rules. At any time more than 14 days after approval of the designation by the Administrative Judge, the court may order the parties to appear for a pretrial conference. The court may require written submissions by the parties pertaining to any of the matters specified in Rule 16(1)–(6), or to specified factual or legal issues. Within 14 days after such conference, the court shall make an order as provided in Rule 16.
(4) The action shall, unless all parties consent otherwise, be assigned for trial to commence on a date certain, at least 30 days after the conclusion of the first pretrial conference. Notification of the trial date shall be mailed to all counsel of record at least 14 days before the date.
(c)Consolidation, Separate Trials and Joinder. Nothing in this rule shall limit the power of the court to order consolidation of actions or a separate trial of issues or claims pursuant to Rule 42, or joinder of persons and parties pursuant to Rules 19 and 20, at any stage of the action at which consolidation, separation, or joinder would be otherwise proper.
(d)Change of Status. The Administrative Judge, on the Administrative Judge’s own motion, the motion of a party, or the suggestion of the judge appointed for the action, may remove an action from the category of complex actions and thereby remove such action from the operation of this rule. The Administrative Judge may, in such event, make such order pertaining to the further administration of the action as will promote justice and efficiency and is in conformity with these rules.

Vt. R. Civ. P. 16.1

Added Feb. 15, 1977, eff. March 1, 1977; amended Nov. 27, 1979, eff. Jan. 1, 1980; March 6, 2002, eff. July 1, 2002; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 16.1(b) is amended to change its 10-day and two-week time periods to 14 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.