Dunbar v. Severino

VERMONT SUPERIOR COURT CIVIL DIVISION
Windsor Unit Case No. 24-CV-03024
12 The Green
Woodstock VT 05091
802-457-2121
www.vermontjudiciary.org

Jayson Dunbar et al v. Melissa Severino

ENTRY REGARDING MOTION
Title: Motion for Default Judgment (Motion: 1)
Filer: Christopher S. Moore
Filed Date: September 13, 2024

In a civil action, "[t]he person serving the process shall make proof of service thereon on
the original process or a paper attached thereto for that purpose, and shall forthwith return it" to
the plaintiff's attorney. The plaintiffs attorney must thereafter file that proof with the court. Vt.
R. Civ. P. 4(1); 4B Wright & Miller, Federal Practice and Procedure: Civil 4th § 1130. In this
case, plaintiff did not file such a proof, but instead filed a "certificate," signed by the plaintiff's
attorney, indicating that the materials were "delivered by Windsor County Sheriff's Department
to the defendant." The certification is not signed by the person who made process, and does not
include the necessary information for the court to make the determination as to whether service
was made in accordance with the rules. The certificate is therefore inadequate for the purpose of
demonstrating commencement of the case. Plaintiff's motion for default judgment is denied.
Proof of service shall be filed within the time permitted by rule or the case may be dismissed
according to the rules without further notice.

Electronically signed on Wednesday, September 18, 2024 pursuant to V.R.E.F. 9(d).

H. Dickson Corbett
Superior Court Judge
Vermont Superior Court
Filed 09/18
Windsor U nit

Entry Regarding Motion Page lof1
24-CV-03024 Jayson Dunbar et al v. Melissa Severino