(a) Effective Date of Rules. These rules will take effect on July 1, 1971. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.
Rule 86.Effective date
Group XII: General Provisions · Not amended since adoption on record · Last verified July 14, 2026
In one sentenceRule 86 fixes July 1, 1971 as the effective date of the original rules and explains that both the original rules and later amendments govern pending cases too, unless applying them would be infeasible or unjust.
Full Text of Rule 86
(b) Effective Date of Amendments. Amendments to these rules will take effect on the day specified in the order adopting them. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their applicability in a particular action pending when they take effect would not be feasible or would work injustice, in which event the former procedure applies.
Notes
Reporter’s Notes: This rule is similar to Federal Rule 86. It makes clear both for the rules as originally promulgated and for any subsequent amendments that the court has discretion to mold new provisions to the circumstances in actions pending at the effective date.
Plain-English Summary
Rule 86 answers a practical question every set of rules must answer: when do they start applying, and to which cases? The Vermont Rules of Civil Procedure took effect July 1, 1971. From that date forward, they govern every action brought afterward and also reach back into cases already pending, unless the court decides that applying the rules to a particular pending action would not be feasible or would work an injustice — in that narrow situation, the former procedure controls instead.
Rule 86(b) extends the same approach to every amendment that comes later. Each amendment takes effect on the date specified in the order adopting it, and it too governs both new actions and further proceedings in cases already underway, subject to the same safety valve: if applying the amendment to a pending action would be infeasible or unjust, the court may stick with the procedure that applied before.
That built-in flexibility means no litigant gets trapped between an old procedure and a new one mid-case. Courts can smooth the transition on a case-by-case basis rather than forcing a rigid cutover date onto every pending matter.
Frequently Asked Questions
When did the Vermont Rules of Civil Procedure first take effect?
July 1, 1971, as stated in Rule 86(a).
Do the rules apply to cases that were already pending when they took effect?
Yes, generally. Rule 86(a) says the rules govern further proceedings in actions pending on the effective date, except where the court finds that applying them to a particular pending action would not be feasible or would work an injustice.
What happens when the rules are later amended?
Under Rule 86(b), each amendment takes effect on the date specified in the order adopting it and governs both new actions and further proceedings in pending actions, subject to the same feasibility and injustice exception as the original rules.
Can a court ever decide not to apply a new rule or amendment to a pending case?
Yes. Both subdivisions give the court discretion to apply the former procedure instead, when applying the current rule or amendment in a particular pending action would not be feasible or would work an injustice.
Does Rule 86 apply only to the original 1971 rules, or to amendments as well?
Both. Rule 86(a) sets the effective date for the original rules, and Rule 86(b) applies the same framework to every subsequent amendment.
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: Rule 86 Vermonteffective date Vermont civil rulesrules apply to pending casesVermont amendment effective dateJuly 1 1971 rules