An act relating to orders permitting alternate service of process in civil proceedings

2025-2026 Regular Session Introduced by Ashley Bartley and 15 co-sponsors

The bill lets courts authorize alternate service of process when traditional methods fail, detailing methods, safeguards, and impact on deadlines.

Read first time and referred to the Committee on Judiciary

Summary of Bill: H.254 (2025-2026, Vermont)

Purpose and intent

The bill establishes a framework for orders permitting alternate service of process in civil proceedings.

The goal is to provide a mechanism to effect service when traditional methods are impractical or unavailable, while maintaining due process protections.

Key provisions and changes

Authority for alternate service: The bill authorizes a court to issue an order allowing service of process through alternative methods when standard service (e.g., personal service, service by a sheriff) cannot reasonably be accomplished.

Conditions and safeguards:

The court must find reasonable effort has been made to effect traditional service.
Alternate service methods must be specified in the order (e.g., service by email, mail, publication, or other method deemed appropriate by the court).
The order may include requirements to verify receipt or to publish notice in a designated manner.

Scope of use: Applies to civil proceedings where service of process is required to commence or continue litigation, subject to applicable Vermont rules of civil procedure.

Effectiveness and timelines: Service completed under an order is deemed effective for purposes of triggering procedural deadlines and jurisdiction, provided the method complies with the court’s order.

Revocation and challenge: Provisions likely allow for motion to challenge or revoke an order if due process concerns arise or if the chosen alternate method fails to provide proper notice.

Protection of respondents: Ensures that the intended recipient has a reasonable opportunity to respond, preserving procedural fairness.

Who or what would be affected

Parties in civil lawsuits: Plaintiffs seeking to initiate or advance actions where traditional service cannot be completed.

Respondents/defendants: Individuals or entities subject to civil actions who may be served via alternate methods under court-issued orders.

Courts: Vermont trial courts would have the authority to issue and regulate orders for alternate service, outlining method, scope, and verification requirements.

Legal practitioners: Attorneys handling service of process would need to identify when an order for alternate service is appropriate and ensure compliance with court directions.

Procedural and timeline aspects

Process to obtain an order: Likely requires a motion demonstrating diligent efforts to effect service by traditional means and detailing a proposed alternate method.

Judicial review: Courts review the necessity and proportionality of the proposed alternate service method, including potential impact on due process.

Effect on deadlines: Once service is accomplished under the court’s order, procedural deadlines (e.g., response deadlines) would run as specified in the order, consistent with Vermont civil procedure rules.

Initial status: The bill was read for the first time and referred to the Committee on Judiciary on February 18, 2025, indicating it is in an early stage of consideration.

Sponsor information

Primary and co-sponsors from various Vermont legislators, reflecting bipartisan and regional backing to address service of process challenges.

If you’d like, I can compare H.254 to current Vermont rules on service of process and provide a side-by-side outline of changes and potential practical impacts for plaintiffs, defendants, and courts.