Group III: Pleadings and Motions · Last amended January 1, 2018 · Last verified July 14, 2026
In one sentenceRule 16.1 lets a Presiding Judge, with the Administrative Judge's approval, designate an unusually complicated or multi-party superior court action as a "complex action" subject to a single assigned judge and firm scheduling deadlines.
(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.
Notes
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.
Reporter’s Notes—2002 Amendment: Rule 16.1(a) is amended to reflect the abrogation of the District Court Civil Rules and the resulting applicability of the Vermont Rules of Civil Procedure to District Court civil actions. See Reporter’s Notes to simultaneous amendment of Rule 1.
Reporter’s Notes—1980 Amendment: Rule 16.1 is amended simultaneously with the enactment of Supreme Court Administrative Order No. 18, see 12 V.S.A. App. VIII, by changing all references to the Chief Superior Judge to references to the Administrative Judge. That Order creates the position of Administrative Judge for Trial Courts, see also 4 V.S.A. § 71(e), and enumerates his powers and duties, among which are those formerly exercised by the Chief Superior Judge for the Superior Court and the Chief District Judge for the District Court. Accordingly, all references in court rules to those two superseded positions are being amended at this time. The 1979 adjourned session of the General Assembly made similar changes in the statutory law. See, e.g., 4 V.S.A. §§ 71, 73 and 111. This rule is also amended to make it clear that the presiding judge need not be a Superior Judge. The Administrative Judge can assign Superior Judges, District Judges, or retired justices or judges to preside in the Superior Court, as the needs of efficient operation of the trial court system require. See A.O. No. 18, §§ 4(a), (c). Under the 1980 amendment to 4 V.S.A. § 22, however, he shall give preference to Superior Judges to sit in Superior Court.
Reporter’s Notes: Rule 16.1 is added to provide a special procedure that will simplify the trial of actions where the issues, parties, or other factors are unusually complex. The rule formalizes what has been the recent trend in such cases in the superior courts. Under Rule 16.1(a), the Presiding Judge in any proceeding may designate an action as “complex” upon a finding of the requisite facts indicative of complexity. Such designation may be on motion of the parties or the judge’s own motion and requires the approval of the Chief Superior Judge. Rule 16.1(b) provides the procedure for approval by the Chief Superior Judge and spells out the consequences of approval. Under paragraph (1), the Chief Judge may designate any Superior Judge, including himself or the original Presiding Judge, to preside at all subsequent stages of the action unless replaced by the Chief Judge. After such designation, the Assistant Judges will continue to sit and act in all matters where their presence would be proper in an ordinary action. See Rule 83(1). Paragraph (2) provides for designation of the action as “complex” on the docket and all calendars and trial lists issued under Rule 40. By virtue of Rule 16.1(b) a pre-trial conference under Rule 16 is required in every complex action. The court has power to require pre-trial memoranda from the parties in connection with the conference. Paragraph (4) requires that, in absence of a contrary agreement of the parties, trial be set for a date certain at least 30 days after the conclusion of the first pre-trial conference held. The provision allows for a conference of more than a day’s duration if necessary. It is not meant to include subsequent conferences that may be held to coordinate trial details. Rule 16.1(c) makes clear that the rule does not limit the joinder, consolidation, and separation provisions of Rules 19, 20, and 42. Rule 16.1(d) provides that the Chief Superior Judge on his own motion, or that of a party or the specially appointed Presiding Judge, may take a case out of the rule. The Chief Judge is given broad power to make any orders necessary to effectuate the transition.
Amendment History
Added Feb. 15, 1977, eff. March 1, 1977; amended Nov. 27, 1979, eff. Jan. 1, 1980; Mar. 6, 2002, eff. July 1, 2002; Sept. 20, 2017, eff. Jan. 1, 2018.
Plain-English Summary
Rule 16.1(a) lets a Presiding Judge designate an action as complex, on the judge's own motion or a party's, when the case shows unusually complicated factual or legal issues, an unusual number of parties, an unusual number of cross-claims, counterclaims, or third-party claims, or some other reason the judge spells out in the designation order that would make complex treatment promote just and efficient administration. The designation is not final on its own -- it needs the Administrative Judge's approval before it takes effect.
Once approved, section (b) sets a specific procedure in motion. The Administrative Judge appoints a single judge to preside over every later stage of the action, and the clerk marks the case as complex on the docket and on every calendar and trial list issued afterward. No complex action can be assigned for trial until a pretrial conference under Rule 16 has taken place, and the court can require written submissions on any of the matters Rule 16 lists or on specific factual or legal issues. Within 14 days after that conference, the court must issue the Rule 16 order, and unless the parties agree otherwise, the trial itself must be set for a date certain at least 30 days after the conference ends, with notice mailed to counsel at least 14 days before that date.
Sections (c) and (d) round out the rule. Designation as complex does not limit the court's separate power to consolidate actions, order separate trials, or join parties under Rules 19, 20, or 42. And the Administrative Judge, on the judge's own motion, a party's motion, or the suggestion of the appointed presiding judge, can later remove a case from complex status and issue whatever order is needed to keep the case moving justly and efficiently once it exits the rule.
Frequently Asked Questions
What makes a case eligible for designation as a "complex action" under Rule 16.1?
The Presiding Judge can designate a case complex when it involves unusually complicated factual or legal issues, an unusual number of parties, an unusual number of cross-claims, counterclaims, or third-party claims, or another reason the judge sets out in the order that would promote just and efficient administration of the action.
Who has to approve a complex-action designation?
The Administrative Judge does. The Presiding Judge can propose the designation, but it does not take effect until the Administrative Judge approves it.
What changes once a case is designated a complex action?
The Administrative Judge appoints a single judge to preside over the entire remaining case, the clerk marks the docket and all calendars and trial lists to reflect the complex designation, and a Rule 16 pretrial conference must be held before the case can be assigned for trial.
When must a complex action be scheduled for trial?
Unless the parties agree otherwise, trial must be set for a date certain at least 30 days after the first pretrial conference ends, and counsel must receive notice of that date at least 14 days beforehand.
Can a case later be removed from complex-action status?
Yes. The Administrative Judge may remove a case from the complex-action category on the Administrative Judge's own motion, a party's motion, or the presiding judge's suggestion, and may then make whatever further order is needed to keep the action moving justly and efficiently.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as:complex action VermontVRCP 16.1complex litigation designationpresiding judge complex case