Moses v. Moses

7ermont Superior Court
Filed 04/25/25
Orange Unit

VERMONT SUPERIOR COURT CIVIL DIVISION
Orange Unit Case No. 23-CV-03038
5 Court Street
Chelsea VT 05038
802-685-4610
www.vermontjudiciary.org

Richard Moses, r. v. Gardner Moses, r.

ENTRY REGARDING MOTION
Title: Motion for Hearing EMERGENCY (Motion: 7)
Filer: Andrew D. Cliburn
Filed Date: April 24, 2025

The motion is DENIED.

The Court will not consider a discovery motion, such as the present request, until the parties
demonstrate their compliance with V.R.C.P. 26(h). This provision requires parties to confer

regarding any discovery dispute prior to bringing the issue to the Court.

This Court, like many other Vermont courts interprets the word "confer" to be an in-person
or telephone conversion that cannot be satisfied by e-mail or other typed communications. Passera v.

Global Values, Inc., Dckt. No. 606-1-19 Wnev Jun. 2, 2020) (Tomasi, J.); Johnson v. Smith, Dckt. No.

573-7-16 Cnev (Oct. 6, 2017) (Mello, Harleysville Worcester Ins. Co. v. Evergreen Roofing, LLC, Dckt.
J.);

No. 43-1-13 Cnev (Nov. 7, 2014) (Toor, J.); Laberge v. Town of Hinesburg, Dckt. No. 1641213 Env.

(Oct. 21, 2014) (Durkin, J.).

In these cases, communication and problem solving is key. Parties should have a candid and

practical conversation that sets aside any performative aspects to address what the Court has
directed the parties to do and whether the responses comply in good faith with this direction or to

understand the nature of any on-going or newly asserted objections.

In other words, the purpose of the Rule 26(h) conference is for the parties to look at the
issues in an objective manner and act in good faith to resolve or narrow.

Both sides have a Rule 11 obligation to go through the discovery requests and objections
before this motion is ripe for a hearing before the Court. Only if such a conference cannot satisfy

Entry Regarding Motion Page 1 of 2
23-CV-03038 Richard Moses, Jr. v. Gardner Moses, Jr.
the dispute will the matter be ripe for hearing. Any further motion will require Rule 26(h)
certification. Until such time, the Court will not take up Plaintiff’s motion.

Electronically signed on 4/25/2025 4:02 PM pursuant to V.R.E.F. 9(d)

__________________________________
Daniel Richardson
Superior Court Judge

Entry Regarding Motion Page 2 of 2
23-CV-03038 Richard Moses, Jr. v. Gardner Moses, Jr.