Rule 6.2.Mental Health Proceedings
Last amended April 13, 2020 · Last verified September 12, 2026
Full Text of Rule 6.2
Notes
REPORTER'S NOTES: Rule 6.2 is added to provide a single procedure for mental-health proceedings under 18 V.S.A. Chapters 179 and 181 (Involuntary Treatment); 18 V.S.A. § 8840 (Commitment to the Commissioner for Custody, Care, and Habilitation); and 18 V.S.A. Chapter 215 (Guardianship Services for People with Developmental Disabilities). The rule applies to those proceedings for which V.R.F.P. 6 and 6.1 or the listed statutory provisions require the appointment of an attorney or guardian ad litem for a respondent. Rule 6.2(a)(2)(A) provides generally that the Rules of Civil Procedure apply under the new rule, except for those provisions listed in Rule 6.2(a)(2)(B). The inapplicable Civil Rules are: (i) those governing specialized proceedings: credit card debt (Rule 9.1), complex actions (Rule 16.1), mediation (Rule 16.3), class actions (Rules 23-23.2), replevin (Rule 64), appeals to the superior court (Rules 72, 74, 75), foreclosure (Rule 80.1), naturalization (Rule 80.2), criminal license suspension (Rule 80.5), Judicial Bureau (Rule 80.6), immobilization or forfeiture (Rule 80.7), transfer from district court (Rule 80.8), municipal parking violations (Rule 80.9), stalking or sexual assault (Rule 80.10), and expedited actions (Rule 80.11); and (ii) those providing procedures inappropriate for mental health proceedings: discovery (Rules 26-37), jury trial (Rules 38, 39, 47-49), consolidation (Rule 42), judgment (Rules 50, 51, 54), security (Rule 65.1), and post-judgment remedies (Rules 66-69). Rule 6.2(b) provides for venue and change of venue in proceedings under the rule. The provisions of Rule 6.2(b)(1)(A) and (C) for venue of proceedings against residents and nonresidents and for change of venue are consistent with the basic statutory venue provisions for all divisions of the superior court and for the family division. See 4 V.S.A. §§ 37, 458; 12 V.S.A. §§ 402, 404; 18 V.S.A. § 7612(c). The provisions of Rule 6.2(b)(1)(B) and (2) for applications for involuntary treatment of a respondent who is in a hospital or facility in the state are consistent with 18 V.S.A. §§ 7612-7618. Rule 6.2(c) requires appointment of counsel and service by first-class mail on the respondent and for service by first-class mail or electronic service on all others. Once the Court Administrator directs that electronic filing will be implemented under 2020 Vermont Rule for Electronic Filing 1(d), service will be accomplished as provided in those rules. Rule 6.2(d) requires and provides time periods for an initial status conference at which the court is to be advised whether a contested hearing will be required and its duration, as well as a time for filing motions. Because V.R.C.P. 26-37 are inapplicable, Rule 6.2(e) requires the court to issue a discovery order based on a standardized discovery order that will be developed. Standardized discovery times will be necessary as part of the implementation of the new case management system. Time periods for discovery are also provided in this subdivision. Rule 6.2(f) requires consolidation of multiple applications under 18 V.S.A. Chapters 179 and 181 and hearing in the respondent’s unit of residence, either on the court’s own motion or on the motion of a party unless the interests of justice require otherwise. Rule 6.2(g) permits the parties to file documents electronically unless the court orders otherwise for good cause. This is the current practice in such cases. Once the Court Administrator directs that electronic filing will be implemented under 2020 Vermont Rule for Electronic Filing 1(d), efiling will be accomplished as provided in those rules.
Amendment History
[Adopted February 10, 2020, effective April 13, 2020.]
Plain-English Summary
Rule 6.2 pulls Vermont's mental health cases onto one track: involuntary treatment, commitment to the commissioner for custody, care, and habilitation, and guardianship services for people with developmental disabilities. The Vermont Rules of Civil Procedure apply to these cases, minus a long list the rule switches off. That list matters, because the ordinary civil discovery rules are among the rules it turns off.
Venue follows the respondent. Petitions and applications go in the unit of the superior court where the respondent lives. Applications for involuntary treatment for nonresidents may be filed in any unit, and an application for involuntary treatment filed under 18 V.S.A. § 7508 or § 7620 while the respondent is in a hospital or facility in this state goes in the unit where the hospital sits. If the respondent moves to another unit or is transferred to a hospital or facility in another unit while an involuntary treatment proceeding is pending, any party may move to change venue, and the court grants the motion if that serves the interests of justice. A notice of noncompliance and request for hearing or revocation during an order of nonhospitalization goes back to the unit that issued the order, in the same docket, with a venue motion attached if the respondent no longer lives there.
Counsel comes with the filing. The filer has to put the respondent's last known mailing address and physical address in the application or petition, and when it is filed the court must appoint counsel for the respondent. The court then sends the petition or application, all supporting documents, and notice of the first status conference or hearing to the respondent, the respondent's attorney, the respondent's guardian or whoever has custody and control, and the state's attorney or the Attorney General. Service on the respondent goes by regular first-class mail unless the court orders another method. Other parties may be served by mail or electronically, and parties may file documents electronically, either by email to the unit's general email box or through the electronic filing rules where those are in force.
The schedule is tight and spelled out. Every case begins with an initial status conference where the parties tell the court whether a contested hearing is needed. That conference happens within 7 days of filing for applications for involuntary treatment and involuntary medication, within 20 days for applications for continued treatment, applications for judicial review, and notices of noncompliance, and within 72 days for petitions for guardianship for a developmentally disabled adult. If nobody wants a contested hearing, a stipulation goes to the court within 30 days. Pretrial motions must be filed not less than 14 days before trial, and motions left over may be taken up on the day of trial. The court issues a standardized discovery order; discovery in contested cases must be finished at least 30 days before trial, and motions for more discovery or for release of records come within 14 days of the discovery order. When several involuntary treatment filings about the same person are pending, whether for treatment, continued treatment, involuntary medication, or a notice of noncompliance, the rule presumes they are consolidated into one hearing in the unit where the respondent currently lives, on the court's own motion or a party's, unless the interests of justice require otherwise.
Frequently Asked Questions
Where do I file an application for involuntary treatment?
In the unit of the superior court where the respondent resides. There are exceptions. An application for a nonresident may be filed in any unit. An application for involuntary treatment filed under 18 V.S.A. § 7508 or § 7620 while the respondent is in a hospital or facility in this state must be filed in the unit where the hospital is located. A notice of noncompliance during an order of nonhospitalization goes back to the unit that issued the order, in that same docket.
If the respondent moves or is transferred to a different unit while an involuntary treatment proceeding is pending, any party may move to change venue to the new unit, and the court will grant it if that is in the interests of justice.
How soon after filing does the first court date happen?
It depends on the filing. The initial status conference must be set within 7 days of filing for applications for involuntary treatment and applications for involuntary medication, within 20 days for applications for continued treatment, applications for judicial review, and notices of noncompliance, and within 72 days for petitions for guardianship for a developmentally disabled adult.
At that conference the parties tell the court whether the case will be contested, and if it will be, how long the hearing is expected to take. If no contested hearing is requested, a stipulation must reach the court within 30 days.
Will the court appoint a lawyer for the respondent?
Yes. When the application or petition is filed, the court must appoint counsel for the respondent. The filer must include the respondent's last known mailing address and physical address so the court can reach the person.
The court then transmits the petition or application, all supporting documents, and notice of the initial status conference or hearing to the respondent, the respondent's attorney, the respondent's guardian or any person with custody and control, and the state's attorney or the Attorney General. The respondent is served by regular first-class mail unless the court orders a different method.
How does discovery work in these cases?
Not the usual way. The rule turns off the ordinary civil discovery rules and replaces them with a standardized discovery order the court issues for disclosure and discovery between the state and the respondent. In contested cases all discovery must be completed at least 30 days before trial, and any motion for additional discovery or for the release of records must be filed within 14 days of the date the discovery order issues.
What happens if more than one application is pending about the same person?
They are presumptively consolidated. When multiple applications for involuntary treatment, continued treatment, involuntary medication, or a notice of noncompliance are pending at the same time, the rule directs that they be heard together in one hearing, in the unit where the respondent currently resides. The court may order consolidation on its own motion, or a party may file a motion, and unless the interests of justice require otherwise the motion must be granted.