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Rule 79 – Books and Records Kept by the Clerk and Entries Therein

May 14, 2021 | Civil Procedure, Vermont

(a)Civil Docket. The clerk shall keep the civil docket and shall enter therein each civil action to which these rules are applicable. Actions shall be grouped upon the civil docket as follows:

(1) Civil cases.
(2) Small Claims cases. Actions shall be assigned consecutive file numbers within each group. The file number of each action shall be noted on the docket whereon the first entry of the action is made. All papers filed with the clerk, all process issued and returns made thereon, all appearances, orders, verdicts, and judgments shall be entered chronologically in the civil docket. These entries shall be brief but shall show the nature and subject matter of each paper filed, writ issued or order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. When in an action trial by jury has been properly demanded or ordered the clerk shall enter the word “jury” on the docket assigned to that action.
(b) [Abrogated]. The clerk shall record in a book kept for that purpose every final judgment, appealable order, order affecting title to or lien upon real or personal property, and any other order which the court may direct to be recorded, as soon as possible after the rendition of such judgment or order.
(c) Indices; Calendars. Suitable indices of the civil docket shall be kept by the clerk under the direction of the court. The clerk shall prepare under the direction of the court the hearing and progress calendars required by Rule 40.
(d) Custody of Records and Papers. The clerk shall have custody of the records and papers of the court and shall maintain them as provided by law. Papers belonging to the files shall not be allowed to go out of the possession of the clerk except upon receipt duly signed by the attorney to whom they are entrusted.
(e) Other Books, Dockets and Records. The clerk shall keep such other books, dockets and records as may be required by law or by order of the Administrative Judge or the Chief Justice of the Supreme Court.

V.R.C.P. 79

Amended Nov. 27, 1979, eff. Jan. 1, 1980; Dec. 28, 1981, eff. March 1, 1982; Dec. 12, 1985, eff. April 1, 1986; Mar. 6, 2002, eff. July 1, 2002; Aug. 17, 2010, eff. Oct. 1, 2010; Aug. 30, 2011, eff. Oct. 31, 2011; May 8, 2014, eff. July 7, 2014; amended Dec. 10, 2019, eff. March 2, 2020.

Reporter’s Notes-2020 Amendment

Rule 79(a)(1) is removed because the custodian of records is now controlled by Vermont Rules for Public Access to Court Records 3(c), effective July 1, 2019.