title-12•Title 12 — Court Procedure
The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated, provided as a convenience by the Vermont General Assembly. The official text is the printed Vermont Statutes Annotated published by LexisNexis.
Chapter 1 Rules of Court
§ 1 Rules of pleading, practice, and procedure; forms
The Supreme Court is empowered to prescribe and amend from time to time general rules with respect to pleadings, practice, evidence, procedure, and forms for all actions and proceedings in all courts of this State. The rules thus prescribed or amended shall not abridge, enlarge, or modify any substantive rights of any person provided by law. The rules when initially prescribed or any amendments thereto, including any repeal, modification, or addition, shall take effect on the date provided by the Supreme Court in its order of promulgation, unless objected to by the Legislative Committee on Judicial Rules as provided by this chapter. If objection is made by the Legislative Committee on Judicial Rules, the initially prescribed rules in question shall not take effect until they have been reported to the General Assembly by the Chief Justice of the Supreme Court at any regular, adjourned, or special session thereof, and until after the expiration of 45 legislative days of that session, including the date of the filing of the report. The General Assembly may repeal, revise, or modify any rule or amendment thereto, and its action shall not be abridged, enlarged, or modified by subsequent rule.
(Amended 1967, No. 311 (Adj. Sess.), § 1, eff. March 22, 1968; 1969, No. 119, § 1, eff. April 22, 1969; 1973, No. 118, § 2, eff. Oct. 1, 1973; 1977, No. 254 (Adj. Sess.), § 2, eff. April 19, 1978; 1981, No. 231 (Adj. Sess.), § 2; 2018, No. 8 (Sp. Sess.), § 2, eff. June 28, 2018.)
§ 2 Definitions
As used in sections 3 and 4 of this chapter:
(1) “Adopting authority” means the Chief Justice of the Supreme Court or the Chief Superior Judge, where appropriate.
(2) “Commission” means the Public Utility Commission.
(3) “Court” means the Supreme Court, except in those instances where the statutes permit rules to be adopted by the Chief Superior Judge, in which case, the word “court” means the Chief Superior Judge.
(4) “Rule” means a statement of general applicability that implements, interprets, or prescribes law or policy or the general procedural rules codified in Commission Rule 2.000. It includes judicial or administrative orders such as those issued under sections 31 and 37 of the Constitution of the State of Vermont and all substantive or procedural requirements of a court, which affect one or more persons who are not employees of the court, which are used by the court in the discharge of its duties. It shall not include judicial orders or opinions issued in the resolution of a case or controversy. It shall not include any orders or rules of the Commission other than the general procedural rules codified in Commission Rule 2.000.
(Added 1981, No. 231 (Adj. Sess.), § 1; amended 2018, No. 8 (Sp. Sess.), § 3, eff. June 28, 2018; 2023, No. 33, § 7, eff. July 1, 2023.)
§ 3 Legislative Committee on Judicial Rules
(a) There is created a joint legislative committee to be known as the Legislative Committee on Judicial Rules. The Legislative Committee on Judicial Rules shall be composed of eight members of the General Assembly to be appointed for two-year terms ending on February 1 of odd-numbered years as follows: four members of the House of Representatives to be appointed by the Speaker of the House, and four members of the Senate to be appointed by the Committee on Committees. The Committee shall elect a chair and a vice chair from among its members.
(b) The Committee shall meet as necessary for the prompt discharge of its duties and may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations. The Committee shall adopt rules to govern its operation and organization. A quorum of the Committee shall consist of five members. For attendance at a meeting when the General Assembly is not in session, members of the Legislative Committee on Judicial Rules shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided members of standing committees under 2 V.S.A. § 23.
(c) The Legislative Committee on Judicial Rules may hold public hearings on a proposed or previously adopted rule on its own initiative. The Committee shall give public notice of any hearing at least 10 days in advance and shall notify the Court. Any public hearing shall be scheduled at a time and place chosen to afford opportunity for affected persons to present their views.
(d) In addition to its powers under section 4 of this title concerning rules, the Committee may, in a similar manner, conduct public hearings, object, and notify the Court or Commission of objections concerning existing rules. A rule reviewed under this subsection shall remain in effect until amended or repealed.
(e) Rules or amendments thereto promulgated by the Supreme Court or the Commission, including any repeal, modification, or addition to existing rules, shall be submitted to the Legislative Committee on Judicial Rules at least 60 days prior to their effective date.
(Added 1981, No. 231 (Adj. Sess.), § 1; amended 1983, No. 14, eff. March 28, 1983; 1983, No. 88, § 14, eff. July 3, 1983; 1983, No. 189 (Adj. Sess.); 2003, No. 2, § 1, eff. Feb. 21, 2003; 2019, No. 144 (Adj. Sess.), § 26; 2023, No. 33, § 8, eff. July 1, 2023.)
§ 4 Review by legislative committee
(a) The Legislative Committee on Judicial Rules, by majority vote of the entire Committee, may object to proposed rules or amendments and recommend that the Court or the Commission amend or withdraw the proposal. The Court or the Commission shall be notified promptly of the objections. The Court or the Commission may respond in writing to the Committee. After receipt of a response, the Committee may withdraw or modify its objections.
(b) The Committee shall report on each proposal with the Committee’s recommendations annually to the General Assembly on or before January 10.
(Added 1981, No. 231 (Adj. Sess.), § 1; amended 2023, No. 33, § 9, eff. July 1, 2023.)
§ 5 Dissemination of electronic case records
(a) The Court shall not permit public access via the internet to criminal, family, or probate case records. The Court may permit criminal justice agencies, as defined in 20 V.S.A. § 2056a, internet access to criminal case records for criminal justice purposes, as defined in 20 V.S.A. § 2056a.
(b) Notwithstanding subsection (a) of this section, the Court shall provide licensed Vermont attorneys in good standing with access via the internet, through the Judiciary’s public portal website or otherwise, to nonconfidential criminal, family, and probate case records.
(c) This section shall not be construed to prohibit the Court from providing electronic access to:
(1) court schedules of the Superior Court or opinions of the Criminal Division of the Superior Court;
(2) State agencies in accordance with data dissemination contracts entered into under Rule 12 of the Vermont Rules for Public Access to Court Records; or
(3) decisions, recordings of oral arguments, briefs, and printed cases of the Supreme Court.
(Added 2007, No. 165 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 65; 2013, No. 67, § 9; 2019, No. 40, § 1; 2023, No. 46, § 7, eff. June 5, 2023; 2025, No. 64, § 6, eff. June 12, 2025.)
Chapter 3 Disqualification of Judges, Jurors, and Attorneys
§ 61 Disqualification for interest
(a) A Justice of the Supreme Court, judge, juror, or other person shall not act in a judicial capacity in or as trier of a cause or matter in which he or she has been retained or acted as an attorney or counsel, or is interested in the event of such cause or matter, or is related to either party, if a natural person, within the fourth degree of consanguinity or affinity, or if a corporation, to any officer, director, trustee, or agent thereof within such degree; nor shall he or she be permitted to appear as attorney or counsel in a cause in which he or she has acted in such capacity or as trier; but he or she shall not be disqualified from so acting in a cause or matter in which a railroad corporation is a party by reason of being a taxpayer in a town which owns stock in such railroad corporation.
(b) A Justice of the Supreme Court or a judge shall not be disqualified from acting in a judicial capacity in a cause in which a county, town, village, or school district is a party or interested by reason of being a taxpayer or resident in such corporation.
(c) A Superior judge or Justice of the Supreme Court shall not be disqualified to act in his or her official capacity in any matter in which a municipality, a life, fire, or accident insurance company is a party in interest by reason of being a resident or taxpayer in such municipality or a policy holder in such insurance company.
(d) Membership in a domestic mutual fire insurance corporation shall not disqualify a Superior judge to take jurisdiction of a cause wherein such corporation is a party.
(e) A petit juror shall be disqualified from sitting as such in a case where a municipality is a party, if such juror is a resident or taxpayer of such municipality.
(f) A juror who is a policy holder in any cooperative or mutual insurance company shall not by reason thereof be disqualified as a juror in a cause where such cooperative or mutual insurance company is a party, or is interested in the outcome thereof by reason of being an insurer of any of the parties in such cause.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 13, eff. April 9, 1974.)
§ 62 Judge acting as referee, auditor, commissioner, or master
A Justice of the Supreme Court or a Superior judge shall not act as referee, auditor, commissioner, or special master in a cause pending in a court in this State, unless he or she began the hearing in such cause as referee, auditor, commissioner, or special master prior to his or her appointment or election as such Justice or judge.
§ 63 Nisi prius judge sitting en banc or on appeal
A Justice of the Supreme Court or Superior judge shall not sit at the trial of a cause en banc which he or she tried in a Superior Court.
(Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 64 Jurors—Conviction of crime; citizenship and residence
A person who has served a term of imprisonment in this State after conviction of a felony, or who is not a citizen of the United States or a resident of the county, shall be disqualified to act as a grand or petit juror.
§ 65 Party to action pending at same term
A person duly summoned as a petit juror at a stated term of the Superior Court who is party to an action pending in the court, marked to be tried by a jury at that term, shall be disqualified for jury service during such term.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
Chapter 5 Contempt
§ 121 Supreme Court
When a party violates a lawful order made against him or her by the Supreme Court or by a Justice thereof in a cause or matter brought to or pending before such Court or Justice after service of such order upon such party, contempt proceedings may be instituted against him or her before a Justice of the Supreme Court.
§ 122 Superior judge or Superior Court
When a party violates an order made against him or her in a cause brought to or pending before a Superior judge or a Superior Court after service of the order upon that party, contempt proceedings may be instituted against him or her before the court or any Superior judge. When, in a cause no longer on the docket of the court, the proceedings are brought before a Superior judge, that judge forthwith shall order the cause to be brought forward on the docket of the court and may issue concurrently with the order a summons or capias against the party. The issuing of the summons or capias and any further proceedings thereon shall be minuted on the docket.
(Amended 1971, No. 185 (Adj. Sess.), § 30, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 66.)
§ 123 Imprisonment for contempt
(a) Imprisonment as punishment for contempt, or to enforce orders, sentences, or decrees in contempt proceedings, or upon execution issued in civil process shall be in a correctional facility maintained by or for the State.
(b) Any person imprisoned for contempt, in addition to any other legal rights and remedies available to him or her, shall be entitled to a review of the contempt proceedings annually. The Commissioner of Corrections shall provide timely notice for the review of the proceedings of any person so imprisoned to the sentencing court. The sentencing court shall conduct a hearing and issue its order within 60 days of receipt of notice from the Commissioner of Corrections.
(Amended 1969, No. 141, § 3; 1969, No. 198 (Adj. Sess.), § 1; 1973, No. 66.)
Chapter 7 Prevention of Frauds and Perjuries
§ 181 Agreements required to be written
An action at law shall not be brought in the following cases unless the promise, contract, or agreement upon which such action is brought or some memorandum or note thereof is in writing, signed by the party to be charged therewith or by some person thereunto by him or her lawfully authorized:
(1) A special promise of an executor or administrator to answer damages out of his or her own estate.
(2) A special promise to answer for the debt, default, or misdoings of another.
(3) An agreement made in consideration of civil marriage.
(4) An agreement not to be performed within one year from the making thereof.
(5) A contract for the sale of lands, tenements, or hereditaments, or of an interest in or concerning them. Authorization to execute such a contract on behalf of another shall be in writing.
(6) An agreement to cure, a promise to cure, a contract to cure, or warranty of cure relating to medical care or treatment or the results of a service rendered by a health care professional which shall mean a person or corporation licensed by this State to provide health care or professional services as a physician, dentist, registered or licensed practical nurse, optometrist, podiatrist, chiropractor, physical therapist, or psychologist, or an officer, employee, or agent thereof acting in the course and scope of his or her employment.
(7) An agreement to cure, a promise to cure, a contract to cure, or warranty of cure relating to medical care or treatment rendered by a health provider, which shall mean a corporation, facility, or institution licensed to provide health care as a hospital.
(Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1975, No. 250 (Adj. Sess.), § 1, eff. April 7, 1976.)
§ 182 Representations as to another
An action shall not be brought to charge a person upon or by reason of a representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of another person, unless such representation or assurance is made in writing and signed by the party to be charged thereby, or by some person thereunto by him or her lawfully authorized.
§ 183 Extension of time when there is a surety
Where the performance of a contract is secured by the obligation of a surety, an agreement made between the creditor and the principal debtor for the extension of the time of payment, or the performance of the contract, shall not have any binding effect at law unless such agreement is made upon a valuable consideration and is in writing, or some note or memorandum thereof is in writing and signed by such creditor, or by some person thereunto duly authorized, reciting briefly the consideration upon which such contract is founded.
(1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972.)
Chapter 9 Time
§§ 251, 252 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 21 Place of Trial
§ 401 Supreme Court
Actions in the Supreme Court shall be brought before one of the stated terms thereof at the place designated by law for holding the same.
§ 402 Superior Court actions, venue generally
(a) An action before a Superior Court shall be brought in the unit in which one of the parties resides, if either resides in the State; otherwise, on motion, the complaint shall be dismissed. If neither party resides in the State, the action may be brought in any unit. Actions concerning real estate shall be brought in the unit in which the lands, or some part thereof, lie.
(b) An action brought by a domestic railroad corporation to the Superior Court may be brought either in the unit in which the corporation has its principal office for the transaction of business, or in the unit in which a defendant resides. An action or suit brought to the Superior Court, in which the corporation is defendant, may be brought in any unit in which a road owned or operated by the corporation is located.
(Amended 1971, No. 185 (Adj. Sess.), § 31, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 67.)
§ 403 Patent rights
An action to recover a debt or demand, arising from the sale of or license to use a patent right, whether such demand is in the form of a promissory note or otherwise, shall be brought and tried in the unit where the defendant resides or where such patent right was sold when such note or obligation purports to be given for a patent right, unless otherwise provided by law.
(Amended 2009, No. 154 (Adj. Sess.), § 67a.)
§ 404 Removal to another unit
(a) When it appears to a presiding judge of a Superior Court that there is reason to believe that a civil action pending in such court cannot be impartially tried in the unit where it is pending, on petition of either party, such judge shall order the cause removed to the Superior Court in another unit for trial.
(b) Attachments, recognizances, bonds, and orders in such cause, made before such removal, shall have the same validity as if the cause had continued in the court to which it was originally brought.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 68.)
§ 405 District Court
Writs in the District Court shall be returnable as ordered by the Supreme Court either at the principal office or the circuit office of the District Court in the territorial unit where one of the parties resides, if either party is an inhabitant in the State, or where the cause of action arose. The place of trial in the District Court shall be within the territorial unit to which the writ is returnable and as near as possible to the town where one of the parties resides, giving preference to the plaintiff. If default occurs, judgment may be rendered at the place where the writ is returnable.
(Amended 1967, No. 194, § 14, eff. March 1, 1968; 1967, No. 347 (Adj. Sess.), § 3, eff. March 23, 1968; 1973, No. 249 (Adj. Sess.), § 14, eff. April 9, 1974.)
§ 406 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 23 Limitation of Time for Commencement of Actions
Subchapter 1 Generally
§ 461 Actions by State
The limitations prescribed in this chapter for the commencement of actions shall apply to the same actions when brought in the name of the State, or otherwise, for the benefit of the State, as in actions brought by citizens.
§ 462 Lands for a public, pious, or charitable use
Nothing contained in this chapter shall extend to lands given, granted, sequestered, or appropriated to a public, pious, or charitable use, or to lands belonging to the State.
§ 463 Counterclaims and cross-claims
A cross-claim or counterclaim shall not be brought if an independent action upon the same claim would have been barred under the provisions of this chapter at the time of commencement of the plaintiff’s action, except that a counterclaim arising out of the transaction or occurrence that is the subject matter of plaintiff’s claim shall be allowed, to the extent of plaintiff’s demand, at any time.
(Amended 1971, No. 185 (Adj. Sess.), § 32, eff. March 29, 1972.)
§ 464 Actions specially limited by other provisions
The provisions of this chapter shall not affect an action otherwise specially limited by law.
§ 465 Limitations or waiving limitation of actions in contracts
Except as otherwise provided by statute, any provision in a contract which limits the time in which an action may be brought under the contract or which waives the statute of limitations shall be null and void.
(1961, No. 187.)
§ 466 When action deemed commenced
For the purpose of determining whether a period of limitation prescribed in this chapter has run, an action shall be deemed commenced upon the filing of the complaint with the clerk of the court in which the action is being brought if the action is commenced by filing or upon service of the summons and complaint if the action is commenced by service.
(Added 1971, No. 185 (Adj. Sess.), § 233, eff. March 29, 1972.)
Subchapter 2 Actions Limited
§ 501 Recovery of lands
Except as otherwise provided in 32 V.S.A. § 5263, an action for the recovery of lands, or the possession thereof, shall not be maintained, unless commenced within 15 years after the cause of action first accrues to the plaintiff or those under whom he or she claims.
(Amended, 1959, No. 218, § 6.)
§ 502 Entry into houses or lands
A person having right or title of entry into houses or lands shall not enter after 15 years from the time such right of entry accrues.
§ 503 Covenant of seisin
Actions brought on a covenant of seisin in a deed of conveyance of land shall be brought within 15 years after the cause of actions accrues, and not after.
§ 504 Covenant of warranty
An action founded on covenant of warranty in a deed of land shall be brought only within eight years after a final decision against the title of the covenantor in such deed.
§ 505 Covenants other than warranty or seisin
An action founded on covenant, contained in a deed of lands, other than the covenants of warranty and seisin, shall be brought within eight years after the cause of action accrues, and not after.
§ 506 Judgments
Actions on judgments and actions for the renewal or revival of judgments shall be brought by filing a new and independent action on the judgment within eight years after the rendition of the judgment, and not after.
(Amended 1971, No. 185 (Adj. Sess.), § 33, eff. March 29, 1972; 2009, No. 132 (Adj. Sess.), § 8, eff. May 29, 2010.)
§ 507 Specialties
Actions on specialties shall be brought within eight years after the cause of action accrues, and not after.
§ 508 Witnessed promissory note
An action brought on a promissory note signed in the presence of an attesting witness shall be commenced within 14 years after the cause of action accrues, and not after.
§ 509 Evidence of debt issued by a monied corporation
The provisions of this chapter shall not apply to an action brought to enforce payment on any bills, notes, or other evidences of debt issued by a bank or other monied corporation and put into circulation as money.
§ 510 Liability of stockholders and of foreign corporations
An action to enforce the liability of stockholders to the creditors or for the indebtedness of foreign corporations shall be brought within the time limited by the laws of the state under which they are incorporated, and not after. This section shall not be construed so as to extend the time under which such actions may be maintained under the laws of this State.
§ 511 Civil action
A civil action, except one brought upon the judgment or decree of a court of record of the United States or of this or some other state, and except as otherwise provided, shall be commenced within six years after the cause of action accrues and not thereafter.
(Amended 1959, No. 261, § 3.)
§ 512 Assault and battery; false imprisonment; slander and libel; injuries to person or property
Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after:
(1) assault and battery;
(2) false imprisonment;
(3) slander and libel;
(4) except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury;
(5) damage to personal property suffered by the act or default of another.
(Amended 1967, No. 32, § 2, eff. March 16, 1967; 1975, No. 248 (Adj. Sess.), § 2.)
§ 513 Skiing, injuries sustained while participating in sport of
An action to recover for injuries sustained while participating in the sport of skiing shall be commenced within one year after the cause of action accrues, and not after.
§ 514 Insufficiency of bridge
An action against a town for the recovery of damages caused by the insufficiency or want of repair of a bridge or culvert shall be commenced within two years after the cause of action accrues, and not after.
§ 515 Neglect of official duty of town clerk
An action against a town, or town clerk, to recover damages for neglect of duty of such clerk in relation to a deed, execution, or other instrument delivered to him or her or left at his or her office for record, shall be brought only within six years after a final decision based upon such neglect and adverse to the right, title, or claim of the party under such deed, execution, or instrument, and not after.
§ 516 Misfeasance of sheriff or deputy
Actions against sheriffs for the misconduct or negligence of their deputies shall be commenced within four years after the cause of action accrues, and not after.
§ 517 Taxes paid under protest
An action to recover money paid under protest for taxes shall be commenced within one year after the cause of action accrues, and not after.
§ 518 Ionizing radiation injury; latent
(a) An action to recover for ionizing radiation injury or injury from other noxious agents medically recognized as having a prolonged latent development shall be commenced within three years after the person suffering the injury has knowledge or ought reasonably to have knowledge of having suffered the injury and of the cause thereof, but in no event more than 20 years from the date of the last occurrence to which the injury is attributed.
(b) An action or proceeding to recover for latent ionizing radiation injury, or injury from other noxious agents medically recognized as having a prolonged latent development shall not be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action or proceeding was actually awarded damages for the latent injury, or knew or reasonably could be expected to know that such latent injury would occur, and its nature and extent with sufficient particularity to establish entitlement to a specific amount of damages on account thereof.
(Added 1967, No. 32, § 1, eff. March 16, 1967.)
§ 519 Emergency medical care
(a) A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or herself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.
(b) A person who provides reasonable assistance in compliance with subsection (a) of this section shall not be liable in civil damages unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a practitioner of the healing arts for acts committed in the ordinary course of his or her practice.
(c) A person who willfully violates subsection (a) of this section shall be fined not more than $100.00.
(1967, No. 309 (Adj. Sess.), §§ 2-4, eff. March 22, 1968.)
§ 520 Payment of wages
Actions brought on a violation of 21 V.S.A. § 342 shall be brought within two years after the cause of action accrues, and not after.
(Added 1977, No. 244 (Adj. Sess.), § 1, eff. May 1, 1978.)
§ 521 Medical malpractice
Notwithstanding section 512 of this title, and except as provided in sections 518 and 551 of this title, actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. No statute of limitations shall limit the right to recover damages for injuries to the person arising out of any medical or surgical treatment or operation where fraudulent concealment has prevented the patient’s discovery of the negligence. Where the action is based upon the discovery of a foreign object in the patient’s body, which is not discovered within the period of limitation under this section, the action may be commenced within two years of the date of the discovery of the foreign object.
(Added 1977, No. 248 (Adj. Sess.).)
§ 522 Actions based on childhood sexual or physical abuse
(a) A civil action brought by any person for recovery of damages for injury suffered as a result of childhood sexual or physical abuse may be commenced at any time after the act alleged to have caused the injury or condition. The victim need not establish which act in a series of continuing physical abuse or sexual abuse or exploitation incidents caused the injury.
(b) If a complaint is filed alleging an act of childhood sexual or physical abuse, the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until the answer is served or, if the defendant files a motion to dismiss under Rule 12(b) of the Vermont Rules of Civil Procedure, until the court rules on that motion. If the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed. Any hearing held in connection with the motion to dismiss shall be in camera.
(c) As used in this section:
(1) “Childhood sexual abuse” means any act committed by the defendant against a complainant who was under 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting lewd and lascivious conduct, lewd or lascivious conduct with a child, felony sexual exploitation of a minor in violation of 13 V.S.A. § 3258(c), sexual assault, or aggravated sexual assault in effect at the time the act was committed.
(2) “Childhood physical abuse” means any act other than an attempt committed by the defendant against a complainant who was under 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting aggravated assault in effect at the time the act was committed.
(d) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood sexual abuse that occurred prior to July 1, 2019, irrespective of any statute of limitations in effect at the time the abuse occurred. In an action based on childhood sexual abuse that would have been barred by any statute of limitations in effect on June 30, 2019, damages may be awarded against an entity that employed, supervised, or had responsibility for the person allegedly committing the sexual abuse only if there is a finding of gross negligence on the part of the entity.
(e) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood physical abuse that occurred prior to July 1, 2021, irrespective of any statute of limitations in effect at the time the abuse occurred. In an action based on childhood physical abuse that would have been barred by any statute of limitations in effect on June 30, 2021, damages may be awarded against an entity that employed, supervised, or had responsibility for the person allegedly committing the physical abuse only if there is a finding of gross negligence on the part of the entity.
(Added 1989, No. 292 (Adj. Sess.), § 2; amended 2019, No. 37, § 1; 2021, No. 26, § 1.)
§ 523 Trade secrets
An action for misappropriation of trade secrets under 9 V.S.A. chapter 143 shall be commenced within six years after the cause of action accrues, and not after. The cause of action shall be deemed to accrue as of the date the misappropriation was discovered or reasonably should have been discovered.
(Added 1995, No. 90 (Adj. Sess.), § 2; amended 2013, No. 199 (Adj. Sess.), § 16.)
§ 524 Actions based on residential building energy standards
(a) Except in the case of fraud, an action under 30 V.S.A. § 51(g) shall be commenced within six years after the cause of action accrues, and not after.
(b) The cause of action shall be deemed to accrue as of the date of the recording of a copy of the certificate in the town land records, the date of filing with the Department of Public Service, or the date of occupancy, whichever comes first.
(c) This section shall apply only to actions under 30 V.S.A. § 51(g), and shall not be construed to affect other rights and remedies provided by statute or common law.
(Added 1997, No. 20, § 3.)
§ 525 Actions based on discrimination
An action under 9 V.S.A. § 4506(a) (discrimination in public accommodations or housing) or 21 V.S.A. § 495b (employment discrimination) shall be commenced within six years after the cause of action accrues and not after.
(Added 2021, No. 147 (Adj. Sess.), § 39, eff. May 31, 2022.)
Subchapter 3 Computation of Time; Tolling of Statute
§ 551 Minority, incapacity, or imprisonment
(a) When a person entitled to bring an action specified in this chapter is a minor, lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or is imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed.
(b) If a person entitled to bring an action specified in this chapter becomes unable to protect his or her interests due to a mental condition or psychiatric disability after the cause of action accrues but before the statute has run, the time during which the person is unable to protect his or her interests due to a mental condition or psychiatric disability shall not be taken as a part of the time limited for the commencement of the action.
(Amended 1979, No. 112 (Adj. Sess.), § 1, eff. date, see note set out below; 2013, No. 96 (Adj. Sess.), § 45.)
§ 552 Absence from State
If a person is out of the State when a cause of action of a personal nature mentioned in this chapter accrues against him or her, the action may be commenced within the time limited therefor after such person comes into the State. If a person is absent from and resides out of the State after a cause of action accrues against him or her and before the statute has run, and he or she has not known property within the State which can by common process of law be attached, the time of his or her absence shall not be taken as a part of the time limited for the commencement of the action. The provisions of this section shall not extend to a cause of action accruing in another state or government, when the parties thereto at the time of the accruing of such cause of action are residents of such other state or government.
§ 553 Member of Armed Services; tolling statute of limitations
When an inhabitant of this State is in the Military or Naval Service of the United States or is a member of the Vermont National Guard and has been ordered to State active duty and, at the time of entering such service or duty, had a cause of action against another person, or another person had a cause of action against him or her, the time spent in such Military or Naval Service outside this State or the time spent in State active duty shall not be taken as part of the time limited for the bringing of an action by or against him or her founded on such causes. The limitation period for a cause of action shall be tolled during the duration of the person’s out-of-state Military or Naval Service, or State Active Duty Service, plus an additional 60 days.
(Amended 2011, No. 149 (Adj. Sess.), § 5a.)
§ 554 Alien enemies in time of war
When a person is disabled to prosecute an action by being a subject or citizen of a country at war with the United States, the time of the continuance of such war shall not be deemed part of the respective periods limited in this chapter for the commencement of actions.
§ 555 Fraud
When a person entitled to bring a personal action is prevented from so doing by the fraudulent concealment of the cause of such action by the person against whom it lies, the period prior to the discovery of such cause of action shall be excluded in determining the time limited for the commencement thereof.
§ 555a Fraudulent transfers
Limitations of actions with respect to fraudulent transfers or obligations under 9 V.S.A. chapter 57, subchapter 1, shall be governed by the provisions of 9 V.S.A. § 2293.
(Added 1995, No. 179 (Adj. Sess.), § 17.)
§ 556 Injunction staying action
When the commencement of an action is stayed by injunction, the time during which such injunction is in force shall not be deemed a part of the time in this chapter limited for the commencement of such action.
§ 557 Death of party
(a) If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action may be commenced as provided by this chapter or dies within 30 days after the expiration of such times, the period of limitation as to such action shall cease to operate at the date of his or her death. After the issuance of letters testamentary or of administration, such action, if the cause of action survives, may be commenced by or against the executor or administrator within two years, and not after.
(b) If commissioners are appointed on such estate and the claim against the decedent is a claim proper for the consideration of the commissioners, the same shall be presented to the commissioners within the time allowed other creditors to present their claims. Such claim may be presented to the commissioners any time within 15 years after the date of such death, and not after, but such claim shall be presented in accordance with the provisions of 14 V.S.A. chapter 65.
§ 558 New action after failure of original action
(a) The plaintiff may commence a new action for the same cause within one year after the determination of the original action, when the original action has been commenced within the time limited by any statute of this State, and the action has been determined for any of the following reasons:
(1) where the action is dismissed for insufficiency of process caused by unavoidable accident or by default or neglect of the officer to whom the process was committed;
(2) where the action is dismissed for lack of jurisdiction of the subject matter or person, improper venue, or failure to join an indispensable party;
(3) where the action is defeated or avoided by the death of a party thereto;
(4) where judgment for the plaintiff is reversed on appeal on one of the grounds listed in subdivisions (1) and (2) of this subsection.
(b) If the cause of action survives, the plaintiff’s executor or administrator may commence the action within one year after the determination of the original action. If an executor or administrator is not appointed within that time, then the new action may be commenced within one year after letters testamentary or of administration are granted.
(Amended 1971, No. 185 (Adj. Sess.), § 34, eff. March 29, 1972; 1973, No. 151 (Adj. Sess.), § 1, eff. date, see note set out below.)
§ 559 Rights not affected by a descent cast
The right of a person to the possession of real estate shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such estate.
§ 560 Childhood sexual abuse
When a person entitled to bring an action for damages as a result of childhood sexual abuse is unable to commence the action as a direct result of the damages caused by the sexual abuse, the period during which the person is incapacitated shall not be taken as a part of the time limited for commencement of the action.
(Added 1989, No. 292 (Adj. Sess.), § 3.)
Subchapter 4 New Promise and Payment
§ 591 New promise must be in writing and signed
An acknowledgment or promise shall not be held to affect a defense made under the provisions of this chapter, unless such acknowledgment or promise is in writing signed by the party affected thereby.
§ 592 Indorsement or memorandum of payment
This chapter shall not alter or take away the effect of the payment of any principal or interest; but an indorsement or memorandum of such payment made upon a promissory note, bill of exchange, or other writing, unless in the handwriting of the party making the payment, shall not be proof of the payment sufficient to take the cause out of the provisions of this chapter.
§ 593 Joint promisors—Promise or payment by one
When there are two or more joint contractors, or joint executors, or administrators of a contractor, such joint contractor, executor, or administrator shall not lose the benefit of the provisions of this chapter, so as to be chargeable by reason of an acknowledgment, promise, or payment made or signed by any other of them.
§ 594 Recovery where action not barred as to all
In actions against two or more joint contractors, or joint executors or administrators of a contractor, if it appears on the trial that the plaintiff is barred by the provisions of this chapter as to any of the defendants, but is entitled to recover against any other of them by virtue of a new acknowledgment or promise, or otherwise, judgment shall be given for the plaintiff as to any of the defendants against whom he or she is entitled to recover, and for the other defendant or defendants against the plaintiff.
§ 595 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 25 Process
Subchapter 1 Process Generally
§§ 651-653 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 654 Signing of original writs
(a) [Repealed.]
(b) The signing of original writs is a ministerial act and may be done in advance of issuance. The signature of an attorney, except when he or she is the plaintiff, to a writ, pleading, notice of appeal, or other form, constitutes and shall be deemed security, by way of recognizance, for the issuance of such writ or the filing of such pleading, notice of appeal, or other form, and such attorney shall be liable to each defendant in the sum of $50.00 for writs returnable to a Superior Court.
(Amended 1959, No. 261, § 5; 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 15, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 69.)
§§ 655-658 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 659 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 660 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 661 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 662 Signing citations attached to highway petitions
Superior judges may sign citations returnable to the Superior Court in the county in which they reside, which are attached to petitions relative to highways.
(Amended 1965, No. 194, § 10, eff. July 10, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 16, eff. April 9, 1974.)
Subchapter 2 Service by Sheriffs and Constables
§ 691 Service of civil or criminal process
(a) Sheriffs and constables may serve either civil or criminal process, anywhere within the State and returnable to any court.
(b) Sheriffs and constables shall not be subject to civil or criminal liability for unlawful trespass in serving either civil or criminal process, including citations, summons, subpoenas, warrants, and other court orders, provided the scope of their entrance onto the property of another is no more than necessary to effectuate the service of process.
(Amended 2013, No. 49, § 2.)
§ 692 Deputy sheriffs
Deputy sheriffs shall have the same powers and be subject to the same liabilities in the service of process as sheriffs, whether the process is directed to the sheriff or the deputy. If a sheriff is confined in prison upon legal process, his or her deputies may serve precepts in their hands at the time and such as they receive within three days thereafter.
§ 693 Constables
In the service of process, constables shall have the same powers and be subject to the same liabilities and penalties as sheriffs.
§ 694 Disqualifications
(a) An officer shall not serve a writ drawn on a note originally payable to himself or herself and sued in the name of an indorsee, nor where he or she, or a private corporation of which he or she is a member, is a party or interested.
(b) Such officer shall not be disqualified from serving process for or against a town or county by reason of being a taxpayer therein nor for or against a railroad corporation by reason of being a taxpayer in a town owning stock in such corporation, nor for or against a savings bank or savings institution by reason of being a corporator or officer thereof.
§ 695 Receipt for process
A person may demand a receipt of an officer to whom he or she delivers a writ or precept, in which the sum or thing in demand, the date of such writ or precept and of its delivery, shall be stated. On the refusal of such officer to execute such receipt, a person present may subscribe his or her name as a witness to such delivery.
§ 696 Sheriffs’ duties to receive, execute, and return writs
Sheriffs shall receive all writs and precepts issuing from lawful authority at any time and place within their respective precincts, unless they can show reasonable cause to the contrary, and shall execute and return the same agreeably to the direction thereof.
§ 697 Sheriffs’ liabilities
A sheriff who willfully refuses or neglects to serve or return such writ or precept, or who makes a false or undue return, shall be fined not more than $100.00 with costs and shall pay to the party aggrieved damages sustained thereby.
§ 698 Special deputations
(a) The sheriff may depute a proper person to serve a writ at the risk of the plaintiff in such writ by indorsing thereon a special deputation, and, when he or she deems it necessary, may depute some person to serve a warrant in a criminal cause or any other precept by indorsing a special deputation on such writ or precept.
(b) Such special deputy shall make oath to his or her service and return and that he or she did not make or alter the writ, warrant, or precept by him or her served. He or she shall cause to be indorsed thereon a certificate of such oath. Service so made shall be as valid as if made by the sheriff.
§ 699 Removal or resignation of sheriff
A sheriff removed from or resigning his or her office or at the expiration of his or her term of office may execute writs or precepts in his or her hands at the time. Service so made shall be as valid as if made by the sheriff.
§ 700 Completion of service of process or foreclosure of mortgage or lien
When an officer who by law may serve process dies, becomes ill, disqualified, or incapacitated, having in his or her hands any process for service, or any chattel mortgage or conditional sale lien for foreclosure, any other officer who may by law serve such process or make such foreclosure and who has a knowledge of the facts may certify the proceedings thereon of such original officer, and make or complete such service or foreclosure, as the case may be
§ 701 Summons
(a) Any law enforcement officer authorized to serve criminal process or a State’s Attorney may summon a person who commits an offense to appear before Superior Court by a summons in such form as prescribed by the Court Administrator, stating the time when, and the place where, the person shall appear, signed by the enforcement officer or State’s Attorney and delivered to the person.
(b) When an individual accepts a precharge services contract, the State’s Attorney may issue a new citation ordering the individual to court in the event the individual fails to comply with the terms of the contract. The pretrial monitor may provide the citation to the individual at the time the individual accepts the precharge contract. This shall be considered effective service.
(c) A person so summoned shall appear at the time and place stated in the summons delivered to him or her. A person who does not so appear shall be fined not more than $100.00 or be imprisoned not more than 90 days, or both.
(d) [Repealed.]
(Added 1971, No. 228 (Adj. Sess.), § 29, eff. July 1, 1972; amended 1971, No. 258 (Adj. Sess.), § 17, eff. July 1, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2015, No. 12, § 3, eff. May 1, 2015; 2018, No. 8 (Sp. Sess.), § 4, eff. June 28, 2018.)
Subchapter 3 Service by Authorized Persons
§ 731 Indifferent person, appointment of
When a summons, writ, or other process is not specially required by law to be served by an officer, any Superior judge, or any judge of the court to which the process is returnable, may appoint an indifferent person to serve the process if it appears that service by that person will be more economical or efficient than service by an officer.
(Amended 1971, No. 185 (Adj. Sess.), § 37, eff. March 29, 1972.)
§ 732 Power of specially appointed person
The person so appointed shall have the power of a sheriff in the service and return of the process, and he or she shall make proof of the service by affidavit.
(Amended 1971, No. 185 (Adj. Sess.), § 38, eff. March 29, 1972.)
§ 733 Fees
When the service of any process is made for a party by a person specially appointed for that purpose, fees for the service shall not be recoverable of or taxed against the opposite party in excess of one-half of the taxable fees of a proper officer, had the process been served by that officer.
(Amended 1971, No. 185 (Adj. Sess.), § 39, eff. March 29, 1972.)
§ 734 Property taken from specially appointed person by officer
When property is attached or taken in execution by a person specially appointed, it may be taken by an officer having an attachment or execution against it from the possession of the specially appointed person or his or her receiptor, but subject to the lien created by the previous attachment or taking in execution.
(Amended 1971, No. 185 (Adj. Sess.), § 40, eff. March 29, 1972.)
§ 735 Delivery of writ; return; completion of service
When property is taken as outlined in section 734 of this title, the person specially appointed shall deliver to the officer the writ of attachment or execution upon which he or she took the property, with a return of his or her action thereon, unless the writ has been returned to the attorney or court signing the writ. The officer shall complete the service thereof.
(Amended 1971, No. 185 (Adj. Sess.), § 41, eff. March 29, 1972.)
§ 736 Officer’s duties and liabilities
When property is taken by an officer from the possession of a specially appointed person or his or her receiptor, the officer shall be subject to the duties and liabilities relating to the property and arising by virtue of the previous attachment or taking in execution and shall be responsible for the property to the plaintiff or creditor having the prior lien thereon by virtue of the attachment, as the specially appointed person or his or her receiptor would have been if the property had not been taken from his or her possession.
(Amended 1971, No. 185 (Adj. Sess.), § 42, eff. March 29, 1972.)
Subchapter 4 Time for Service; Return
§§ 771-775 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 776 Repealed
[Repealed]
1969, No. 222 (Adj. Sess.), § 5, eff. July 1, 1970.
§ 777 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 778 Repealed
[Repealed]
1967, No. 233 (Adj. Sess.), § 1, eff. Feb. 2, 1968.
§ 779 Repealed
[Repealed]
1969, No. 222 (Adj. Sess.), § 5, eff. July 1, 1970.
§ 780 Indorsement of fees
The officer serving process shall indorse thereon his or her fees and charges and the number of miles actually and necessarily traveled in the performance of his or her duty in serving the same, otherwise his or her fees shall not be allowed.
Subchapter 5 Manner of Service Generally
§§ 811-813 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 814 Partnerships and unincorporated associations—suit in firm name; service of process
A partnership or an unincorporated association or joint stock company may sue and be sued in its firm, associate, or company name and service of process against such partnership, association, or company made upon any officer, a managing or general agent, a superintendent, any member thereof, or any agent authorized by appointment or by law to receive service of process, shall have the same force and effect as regards the joint rights, property, and effects of the partnership, association, or company as if served upon all the partners, associates, or shareholders.
(Amended 1959, No. 261, § 9.)
§ 815 Nonabatement on change in officers or members
Such cause shall not abate by reason of the death, removal, or resignation of the president, other principal officer, clerk, or treasurer, or by the death or legal incapacity of any such partner, associate, or shareholder, or by reason of any change in the membership of such partnership, association, or company during the pendency of such cause.
§ 816 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 6 Business Organizations
§ 851 Service on Secretary of State
A business organization is subject to the service of process provisions in 11 V.S.A. § 1656.
(Amended 2025, No. 10, § 25, eff. July 1, 2025.)
§ 852 Fees; mailing of copy to business organization
When process is served on the Secretary of State under the provisions of 11 V.S.A. § 1656, there shall be paid to the Secretary by the officer at the time of such service the sum of $35.00.
(Amended 1963, No. 37, § 6; 1967, No. 278 (Adj. Sess.), § 10, eff. July 1, 1968; 2023, No. 77, § 41, eff. June 20, 2023; 2025, No. 10, § 25, eff. July 1, 2025.)
§ 853 Doing business by particular companies without designating process agent; penalty
A person or agent for a foreign insurance, express, shipping car, telephone or telegraph company, or other foreign company doing like business, which has not designated the Secretary of State as its process agent, who solicits or receives a risk or application for insurance, or receives money or value for such insurance by such company, or receives money or value for the transportation of a package or property by such express or shipping car company, or for the transmission of a message or dispatch by such telegraph company, or receives money, rent, royalty, or income for such telephone company for the use of its instruments or lines or for the sending of any message, shall be fined not more than $500.00 nor less than $100.00.
(Amended 2025, No. 10, § 25, eff. July 1, 2025.)
§ 854 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 855 Doing business as appointment of process agent
If the contact with the State or the activity in the State of a foreign business organization, or the contact or activity imputable to it, is sufficient to support a Vermont personal judgment against it, the contact or activity shall be deemed to be doing business in Vermont by that foreign organization and shall be equivalent to the appointment by it of the Secretary of the State of Vermont and the Secretary’s successors to be its true and lawful attorney upon whom may be served all lawful process in any action or proceedings against it arising or growing out of that contact or activity, and also shall be deemed to be its agreement that any process against it that is so served upon the Secretary of State shall be of the same legal force and effect as if served on the foreign corporation at its principal place of business in the state or country where it is incorporated according to the law of that state or country.
(Amended 1967, No. 353 (Adj. Sess.), § 5, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 43, eff. March 29, 1972; 2025, No. 10, § 25, eff. July 1, 2025.)
§ 856 Service of process
Service of process by virtue of section 855 of this title shall be made pursuant to 11 V.S.A. § 1656 by delivering to the Secretary of State duplicate copies of the process and a fee of $25.00, to be taxed in the plaintiff’s costs if he or she prevails.
(Amended 1963, No. 37, § 7; 1967, No. 278 (Adj. Sess.), § 11, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 44, eff. March 29, 1972; 2013, No. 72, § 11; 2025, No. 10, § 25, eff. July 1, 2025.)
§ 857 Repealed
[Repealed]
(Repealed by 2025, No. 10, § 25, eff. July 1, 2025.)
§ 858 Repealed
[Repealed]
(Added 1971, No. 185 (Adj. Sess.), § 234, eff. March 29, 1972; repealed by 2025, No. 10, § 25, eff. July 1, 2025.)
Subchapter 7 Operators of Motor Vehicles
§ 891 Commissioner of Motor Vehicles as process agent
The acceptance by a person of the rights and privileges conferred upon him or her by Titles 19 and 23, as evidenced by his or her operating, or causing to be operated, a motor vehicle in this State shall be deemed equivalent to an appointment by such person of the Commissioner of Motor Vehicles, or his or her successor in office, to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against such person or his or her estate if he or she is deceased at the time when the suit is brought, growing out of any accident or collision in which such person may be involved while operating or causing to be operated a motor vehicle in this State. Such acceptance shall be deemed to be the agreement of such person that any process against him or her which is so served upon the Commissioner shall be of the same legal force and validity as if served on the person personally.
(Amended 1969, No. 88, § 1, eff. April 18, 1969.)
§ 892 Service on Commissioner; mailing copies; fees
(a) Service of process shall be made by leaving a copy of the process with a fee of $15.00 with the Commissioner, or in his or her office. Service shall be sufficient upon the person, provided that a copy of the process with the officer’s return on it, showing service upon the Commissioner as provided in this section, is sent by the plaintiff to the defendant, or the personal representative of his or her estate, by registered or certified mail, and provided further that the plaintiff’s affidavit of compliance is filed with the process in court. The Commissioner shall file copies served upon him or her as provided in this section, and show upon each copy the day and hour of service.
(b) Such manner of service shall be in addition to all existing manner of service, rights, and remedies, and the availability of such manner of service shall not make the provisions of section 552 of this title inoperative, relative to tolling of the statute of limitations.
(Amended 1961, No. 134; 1969, No. 88, § 2, eff. April 18, 1969; 1989, No. 51, § 6; 2001, No. 102 (Adj. Sess.), § 2, eff. May 15, 2002; 2003, No. 101 (Adj. Sess.), § 7.)
§ 893 Continuances; costs
The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the same. The fee herein provided shall be taxed in the plaintiff’s costs, if he or she prevails in the suit.
Subchapter 8 Notice to Absent Defendant; Writ of Review of Default Judgment Without Notice
§§ 911, 912 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 913 Effect of service outside the State
(a) When process is served upon a party outside the State in such manner as the Supreme Court may by rule provide, the same proceedings may be had, so far as to affect the title or right to the possession of goods, chattels, rights, credits, land, tenements, or hereditaments in the State as if the process had been served on a party in the State.
(b) Upon the service, and if it appears that the contact with the State by the party or the activity in the State by the party or the contact or activity imputable to him or her is sufficient to support a personal judgment against him or her, the same proceedings may be had for a personal judgment against him or her as if the process or pleading had been served on him or her in the State.
(c) The provisions of subsection (b) of this section are in addition to all existing manner of service, rights, and remedies, and the availability of a personal judgment by reason of subsection (b) shall make the provisions of sections 855, 856, 891 and 892 of this title and 11 V.S.A. § 1630 alternative and not inoperative.
(Amended 1967, No. 353 (Adj. Sess.), § 4, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 45, eff. March 29, 1972.)
§ 914 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 915 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§§ 916-922 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 27 Pleading and Practice
Subchapter 1 Actions
§§ 971-974 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 2 Pleadings Generally
§§ 1021-1035 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1036 Contributory and comparative negligence
(a) Contributory negligence shall not bar recovery in an action by any plaintiff, or the plaintiff’s legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants, but the damage shall be diminished by general verdict in proportion to the amount of negligence attributed to the plaintiff. Where recovery is allowed against more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of the defendant’s causal negligence to the amount of causal negligence attributed to all defendants against whom recovery is allowed.
(b) Contributory and comparative negligence shall be prohibited as a defense to limit a plaintiff’s recovery for damages in an action for a negligence claim relating to a sexual act as defined in 13 V.S.A. § 3251 or sexual conduct as defined in 13 V.S.A. § 2821.
(Added 1969, No. 234 (Adj. Sess.), § 1, eff. date see note; amended 1979, No. 179 (Adj. Sess.), § 1, eff. May 5, 1980; 2023, No. 90 (Adj. Sess.), § 1, eff. April 22, 2024.)
§ 1037 Acceptance of inherent risks
Notwithstanding the provisions of section 1036 of this title, a person who takes part in any sport accepts as a matter of law the dangers that inhere therein insofar as they are obvious and necessary.
(Added 1977, No. 119 (Adj. Sess.), § 2, eff. Feb. 7, 1978.)
§ 1038 Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses
(a) Use of ski area facilities. No ski area, its owners, employees, or agents shall be held responsible for ensuring the safety of or for damages, including injury or death, resulting to persons who utilize the facilities of a ski area to access terrain outside open and designated ski trails. Ski areas shall not be liable for damages, including injury or death, to persons who venture beyond such open and designated ski trails.
(b) Collision at a ski area.
(1) Any person who is involved in a collision with a skier at a ski area which results in bodily injury to any party to the collision has a duty to provide his or her name and local and permanent address to the other parties to the collision and shall proceed to the ski area first aid facility and provide that information to the ski area first aid personnel.
(2) No ski area, its employees, or agents shall be held responsible for ensuring compliance with these duties by any person, nor shall it be liable in any way for a failure to obtain such person’s name or address.
(c) Civil action to recover. A person who uses the facilities of a ski area to access terrain outside the open and designated ski trails shall be liable in a civil action brought by any person, including a ski area, rescue organization, municipality, or the State, to recover expenses incurred to provide rescue, medical, or other services to such person for circumstances or injuries which resulted from such use. The entity seeking to recover may also recover reasonable attorney’s fees and court costs. No ski area, its owners, agents, or employees, individual, or entity, municipal or otherwise, shall be held liable for any acts or omissions taken in the course of such rescue operations unless such act or omission constitutes gross negligence.
(Added 1993, No. 233 (Adj. Sess.), § 88, eff. June 21, 1994.)
§ 1039 Equine activities; acceptance of inherent risks
(a) As used in this section:
(1) “Equine” means a horse, pony, mule, or donkey.
(2) “Equine activity” includes:
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including dressage, hunter and jumper horse shows, Grand Prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting;
(B) Equine training or teaching activities, or both;
(C) Rides, trips, or hunts.
(3) “Equine activity sponsor” means an individual, group, club, organized camp, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college-sponsored classes, programs, and activities; therapeutic riding programs; stable and farm owners and operators, instructors, and promoters; or equine facilities, including farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held.
(4) “Participant” means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee or other consideration is paid to participate in the equine activity.
(b) No person shall be liable for an injury to, or the death of, a participant resulting from the inherent risks of equine activities, insofar as those risks are necessary to the equine activity and obvious to the person injured.
(c)(1) An equine activity sponsor may post and maintain signs which contain the warning notice specified in this subsection. Such signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.
(2) Every written contract entered into by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional’s business, may contain in clearly readable print the warning notice.
(3) The signs and contracts described in this subsection shall contain the following warning notice:
WARNING
Under Vermont Law, an equine activity sponsor is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities that are obvious and necessary, pursuant to 12 V.S.A. § 1039.
(Added 1995, No. 136 (Adj. Sess.), § 2.)
§ 1040 Eminent domain; restrictions on use; conferring of private benefit; economic development
(a) Notwithstanding any other provision of law, no governmental or private entity may take private property through the use of eminent domain if the taking is primarily for purposes of economic development, unless the property is taken pursuant to 24 V.S.A. chapter 85 (urban renewal).
(b) This section shall not affect the authority of an entity authorized by law to use eminent domain for the following purposes:
(1) transportation projects, including highways, airports, and railroads;
(2) public utilities, including entities engaged in the generation, transmission, or distribution of electric, gas, sewer and sewage treatment, or communication services;
(3) public property, buildings, hospitals, and parks; or
(4) water, wastewater, stormwater, flood control, drainage, or waste disposal projects.
(Added 2005, No. 111 (Adj. Sess.), § 1.)
§ 1041 Exercise of rights to free speech and to petition government for redress of grievances; special motion to strike
(a) A defendant in an action arising from the defendant’s exercise, in connection with a public issue, of the right to freedom of speech or to petition the government for redress of grievances under the U.S. or Vermont Constitution may file a special motion to strike under this section.
(b) A special motion to strike under this section shall be filed with the court and served on all parties not more than 60 days after the filing of the complaint. A party may file a response to the motion not more than 15 days after the motion is served on the party. The court may extend the time limits of this subsection for good cause shown.
(c)(1) The filing of a special motion to strike under this section shall stay all discovery proceedings in the action. Except as provided in subdivision (2) of this subsection, the stay of discovery shall remain in effect until the court rules on the special motion to strike.
(2) The court, on motion and for good cause shown, may order that limited discovery be conducted for the purpose of assisting its decision on the special motion to strike.
(d) The court shall hold a hearing on a special motion to strike not more than 30 days after service of the motion unless good cause exists for an extension.
(e)(1) The court shall grant the special motion to strike, unless the plaintiff shows that:
(A) the defendant’s exercise of his or her right to freedom of speech and to petition was devoid of any reasonable factual support and any arguable basis in law; and
(B) the defendant’s acts caused actual injury to the plaintiff.
(2) In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
(f)(1) If the court grants the special motion to strike, the court shall award costs and reasonable attorney’s fees to the defendant. If the court denies the special motion to strike and finds the motion is frivolous or is intended solely to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to the plaintiff.
(2) Neither the court’s ruling on the special motion to strike nor the fact that it made such a ruling shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by the ruling.
(g) An order granting or denying a special motion to strike shall be appealable in the same manner as an interlocutory order under Rule 5 of the Vermont Rules of Appellate Procedure.
(h) This section shall not apply to:
(1) any enforcement action or criminal proceeding brought by the State of Vermont or any political subdivision thereof; or
(2) a case involving tortious interference with legally protected health care as provided in section 7302 of this title.
(i) As used in this section, “the exercise, in connection with a public issue, of the right to freedom of speech or to petition the government for redress of grievances under the U.S. or Vermont Constitution” includes:
(1) any written or oral statement made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law;
(2) any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law;
(3) any written or oral statement concerning an issue of public interest made in a public forum or a place open to the public; or
(4) any other statement or conduct concerning a public issue or an issue of public interest that furthers the exercise of the constitutional right of freedom of speech or the constitutional right to petition the government for redress of grievances.
(Added 2005, No. 134 (Adj. Sess.), § 2; amended 2023, No. 14, § 2, eff. May 10, 2023.)
§ 1042 Certificate of merit
(a) No civil action shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after February 1, 2013, in which it is alleged that such injury or death resulted from the negligence of a health care provider, unless the attorney or party filing the action files a certificate of merit simultaneously with the filing of the complaint. In the certificate of merit, the attorney or plaintiff shall certify that he or she has consulted with a health care provider qualified pursuant to the requirements of Rule 702 of the Vermont Rules of Evidence and any other applicable standard, and that, based on the information reasonably available at the time the opinion is rendered, the health care provider has:
(1) described the applicable standard of care;
(2) indicated that based on reasonably available evidence there is a reasonable likelihood that the plaintiff will be able to show that the defendant failed to meet that standard of care; and
(3) indicated that there is a reasonable likelihood that the plaintiff will be able to show that the defendant’s failure to meet the standard of care caused the plaintiff’s injury.
(b) A plaintiff may satisfy this requirement through multiple consultations that collectively meet the requirements of subsection (a) of this section.
(c) A plaintiff must certify to having consulted with a health care provider as set forth in subsection (a) of this section with respect to each defendant identified in the complaint.
(d) Upon petition to the clerk of the court where the civil action will be filed, an automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable inquiry required by this section.
(e) The failure to file the certificate of merit as required by this section shall be grounds for dismissal of the action without prejudice, except in the rare instances in which a court determines that expert testimony is not required to establish a case for medical malpractice.
(f) The requirements set forth in this section shall not apply to claims where the sole allegation against the health care provider is failure to obtain informed consent.
(Added 2011, No. 171 (Adj. Sess.), § 24a, eff. Feb. 1, 2013.)
§ 1043 Nonconsensual removal of or tampering with a condom
(a) No person shall intentionally and without consent remove or tamper with a condom prior to or during a sexual act in a manner likely to render it ineffective for its common purpose when consent to the sexual act is given by the other person with the explicit understanding that a condom would be used.
(b) A person harmed by a violation of subsection (a) of this section may bring an action in the Civil Division of the Superior Court for compensatory damages, punitive damages, and reasonable costs and attorney’s fees.
(c) An action under subsection (b) of this section shall be subject to the statute of limitations in section 511 of this title.
(Added 2023, No. 100 (Adj. Sess.), § 1, eff. July 1, 2024.)
Subchapter 3 Pleadings; Parties and Causes of Action
§§ 1071-1075 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1076 Release of claim for personal injury or death—disavowal of agreement
An agreement entered into by a person or his or her legal representative within 15 days after personal injury to him or her or his or her death or personal injury or death of his or her spouse or child, which may adversely affect his or her estate’s right to compensation for the personal injury or death, may be disavowed by such person or his or her legal representative within three years after making the agreement. When such an agreement has been disavowed, it may not be used in whole or in part in any subsequent proceeding.
(1961, No. 269, § 1, eff. Aug. 1, 1961.)
§ 1077 Tender of compensation
When an agreement is disavowed, the claimant or his or her legal representative shall tender any consideration received to the person who paid or delivered the same.
(1961, No. 269, § 2, eff. Aug. 1, 1961.)
Subchapter 4 Pleadings; Amended and Supplemental
§§ 1131, 1132 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1133 Repealed
[Repealed]
1959, No. 261, § 68.
Subchapter 5 Practice
§ 1161 Repealed
[Repealed]
1967, No. 311 (Adj. Sess.), § 3, eff. March 22, 1968.
Chapter 29 Depositions and Discovery
Subchapter 1 Depositions
§§ 1231-1247 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1248 Depositions to be used outside State; commissioners of other states; law governing
A person who is appointed or commissioned by the governor or a court of record of another state to take depositions in this State to be used in the other state shall have the same power to take depositions as the Supreme Court may by rule provide for an officer or other person authorized to take depositions for use within the State.
(Amended 1971, No. 185 (Adj. Sess.), § 47, eff. March 29, 1972.)
§§ 1249-1251 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 2 Other Discovery Procedures
§§ 1261-1267 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 3 Testimony in Perpetuam
§§ 1281-1286 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 41 Summoning Grand and Petit Jurors
Subchapter 14 Null
§§ 1401-1475 Repealed
[Repealed]
1967, No. 284 (Adj. Sess.), § 3, eff. July 1, 1968.
Chapter 43 District Court Jury
§§ 1501-1505 Repealed
[Repealed]
1967, No. 284 (Adj. Sess.), § 3, eff. July 1, 1968.
Chapter 45 Justice's Jury
§§ 1521-1523 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
Chapter 61 Witnesses
Subchapter 1 Qualifications, Privileges, and Credibility
§ 1601 Interest of witness; effect on qualifications and credibility
A person shall not be disqualified as a witness in a civil cause or proceeding by reason of his or her interest therein as a party or otherwise. However, his or her interest or connection may be shown to affect his or her credibility as a witness.
§ 1602 When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability
A party shall not be allowed to testify in his or her own favor where the other party to the contract or cause of action in issue and on trial is dead or shown to the court to lack capacity to testify due to a mental condition or psychiatric disability, except as follows:
(1) To meet or explain the testimony of living witnesses produced against him or her.
(2) To meet the testimony of such deceased or party who lacks capacity to testify due to a mental condition or psychiatric disability upon a question upon which his or her testimony has been taken in writing or by a stenographer in open court to be used in such action and is admitted as evidence therein.
(3) In any action in which the estate of such deceased or party who lacks capacity to testify due to a mental condition or psychiatric disability or his or her grantee or assignee is a party, entries in a cash or account book showing the receipt or payment of money in due course of business, made by such party prior to his or her death or incapacity to testify and before any controversy arose respecting the transaction to which such entries relate, may be admitted in evidence as tending to show the facts therein recited to be true. The adverse party in such action may meet the evidence of such entries by any proper evidence.
(4) In addition to the right to testify, as provided in the foregoing exceptions, the living party may be a witness in his or her own favor, so far as to prove in whose handwriting his or her entries are and when they were made and no further, in actions founded on book account and when the matter in issue and on trial is proper matter of book account.
(5) In any action founded on tort, provided, however, that in tort actions by or against representatives of deceased persons, memoranda and declarations of the deceased, relevant to the matter in issue, may be received as evidence, and provided further, that this provision shall not be construed as permitting testimony as to conversations with the deceased other than to meet or explain the memoranda or declarations of the deceased.
(Amended 1961, No. 166, § 1; 2013, No. 96 (Adj. Sess.), § 46.)
§ 1603 When executor or administrator is a party
When an executor or administrator is a party, the other party shall not be permitted to testify in his or her own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to acts done or contracts made since the probate of the will, or since the appointment of the administrator, and to meet or explain the testimony of living witnesses produced against him or her. This section shall not apply to actions founded on tort.
(Amended 1961, No. 166, § 2.)
§ 1604 Value of property; owner as competent witness
The owner of real or personal property shall be a competent witness to testify as to the value thereof.
§ 1605 Husband and wife
Husband and wife shall be competent witnesses for or against each other in all cases, civil or criminal, except that neither shall be allowed to testify against the other as to a statement, conversation, letter, or other communication made to the other or to another person, nor shall either be allowed in any case to testify as to a matter which, in the opinion of the court, would lead to a violation of marital confidence. This section shall not be construed so as to prevent a libelant and libelee from testifying as to all matters in divorce causes.
§ 1606 Religious belief
A person shall not be incompetent as a witness in any court, matter, or proceeding, on account of his or her opinions on matters of religious belief; nor shall a witness be questioned, nor testimony taken or received, in relation thereto.
§ 1607 Priests and ministers
A priest or minister of the gospel shall not be permitted to testify in court to statements made to him or her by a person under the sanctity of a religious confessional.
§ 1608 Conviction of crime
A person shall not be incompetent as a witness in any court, matter, or proceeding by reason of the person’s conviction of a crime. The conviction of a crime involving moral turpitude within 15 years shall be the only crime admissible in evidence given to affect the credibility of a witness.
(Amended 1959, No. 250, eff. June 10, 1959; 2005, No. 148 (Adj. Sess.), § 4f.)
§ 1609 Admissibility of written statements
In civil cases, a written statement of a witness, other than when required by law, shall not be admissible in any court proceeding, either as an admission or as impeaching evidence, unless the written statement is taken pursuant to the requirements for depositions that the Supreme Court may by rule provide, or unless, before offering the statement in evidence, the party offering the statement identifies the person and capacity of the person taking it and the circumstances under which it was taken.
(1959, No. 262, § 39, eff. June 11, 1959; amended 1971, No. 185 (Adj. Sess.), § 48, eff. March 29, 1972.)
§ 1610 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1611 Written statements; consent of physician or parent
In civil cases, a written statement of a person who has been injured and is under the care of a physician and confined in a hospital, taken without the permission of the attending physician, or if the person is a minor, without the permission of the parent as well, shall not be admissible in any court proceeding either as an admission or as impeaching evidence.
(1963, No. 116.)
§ 1612 Patient’s privilege
(a) Confidential information privileged. Unless the patient waives the privilege or unless the privilege is waived by an express provision of law, a person authorized to practice medicine, chiropractic, or dentistry, a registered professional or licensed practical nurse, or a mental health professional as defined in 18 V.S.A. § 7101(13) shall not be allowed to disclose any information acquired in attending a patient in a professional capacity, including joint or group counseling sessions, and which was necessary to enable the provider to act in that capacity.
(b) Identification by dentist; crime committed against patient under 16. A dentist shall be required to disclose information necessary for identification of a patient. A physician, dentist, chiropractor, or nurse shall be required to disclose information indicating that a patient who is under the age of 16 years has been the victim of a crime.
(c) Mental or physical condition of deceased patient.
(1) A physician, chiropractor, or nurse shall be required to disclose any information as to the mental or physical condition of a deceased patient privileged under subsection (a) of this section, except information which would tend to disgrace the memory of the decedent, either in the absence of an objection by a party to the litigation or when the privilege has been waived:
(A) by the personal representative, or the surviving spouse, or the next of kin of the decedent; or
(B) in any litigation where the interests of the personal representative are deemed by the trial judge to be adverse to those of the estate of the decedent, by any party in interest; or
(C) if the validity of the will of the decedent is in question, by the executor named in the will, or the surviving spouse or any heir-at-law or any of the next of kin or any other party in interest.
(2) A physician, dentist, chiropractor, mental health professional, or nurse shall be required to disclose any information as to the mental or physical condition of a deceased patient privileged under subsection (a) of this section upon request to the Chief Medical Examiner.
(Added 1973, No. 190 (Adj. Sess.), eff. July 1, 1974; amended 1981, No. 221 (Adj. Sess.), § 1; 1991, No. 236 (Adj. Sess.), § 2; 1993, No. 222 (Adj. Sess.), § 23; 2009, No. 55, § 12.)
§ 1613 Lawyer-corporate client privilege
Communications otherwise privileged under Rule 502 of the Vermont Rules of Evidence are privileged with respect to a corporation only if the representative client is a member of the control group of the corporation, acting in his or her official capacity. However, if the communications are with a representative client who is not a member of the control group, such communications are privileged only to the extent necessary to effectuate legal representation of the corporation. For purposes of this section, “control group” means:
(1) the officers and directors of a corporation; and
(2) those persons who:
(A) have the authority to control or substantially participate in a decision regarding action to be taken on the advice of a lawyer; or
(B) have the authority to obtain professional legal services or to act on advice rendered pursuant thereto, on behalf of the corporation.
(Added 1993, No. 85, § 4b, eff. Jan. 1, 1994.)
§ 1614 Victim and crisis worker privilege
(a)(1) “Crisis worker” means an employee or volunteer who:
(A) provides direct services to victims of abuse or sexual assault for a domestic violence program or sexual assault crisis program incorporated or organized for the purpose of providing assistance, counseling, or support services;
(B) has undergone 20 hours of training;
(C) works under the direction of a supervisor of the program, supervises employees or volunteers, or administers the program; and
(D) is certified by the director of the program.
(2) A communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of services to the victim or those reasonably necessary for the transmission of the communication.
(b) A victim receiving direct services from a crisis worker has the privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made by the victim to the crisis worker, including any record made in the course of providing support, counseling, or assistance to the victim. The crisis worker shall be presumed to have authority to claim the privilege but only on behalf of the victim.
(Added 1993, No. 228 (Adj. Sess.), § 8.)
§ 1615 Journalist’s privilege
(a) Definitions. As used in this section:
(1) “Journalist” means:
(A) an individual or organization engaging in journalism or assisting an individual or organization engaging in journalism at the time the news or information sought to be compelled pursuant to subsection (b) of this section was obtained; or
(B) any supervisor, employer, parent company, subsidiary, or affiliate of an individual or organization engaging in journalism at the time the news or information sought to be compelled pursuant to subsection (b) of this section was obtained.
(2) “Journalism” means:
(A) investigating issues or events of public interest for the primary purpose of reporting, publishing, or distributing news or information to the public, whether or not the news or information is ultimately published or distributed; or
(B) preparing news or information concerning issues or events of public interest for publishing or distributing to the public, whether or not the news or information is ultimately published or distributed.
(b) Compelled disclosure.
(1) No court or legislative, administrative, or other body with the power to issue a subpoena shall compel:
(A) a journalist to disclose news or information obtained or received in confidence, including:
(i) the identity of the source of that news or information; or
(ii) news or information that is not published or disseminated, including notes, outtakes, photographs, photographic negatives, video or audio recordings, film, or other data; or
(B) a person other than a journalist to disclose news or information obtained or received from a journalist if a journalist could not be compelled to disclose the news or information pursuant to subdivision (A) of this subdivision (1).
(2) No court or legislative, administrative, or other body with the power to issue a subpoena shall compel:
(A) a journalist to disclose news or information that was not obtained or received in confidence unless it finds that the party seeking the news or information establishes by clear and convincing evidence that:
(i) the news or information is highly material or relevant to a significant legal issue before the court or other body;
(ii) the news or information could not, with due diligence, be obtained by alternative means; and
(iii) there is a compelling need for disclosure; or
(B) a person other than a journalist to disclose news or information obtained or received from a journalist if a journalist could not be compelled to disclose the news or information pursuant to subdivision (A) of this subdivision (2).
(c) No implication of waiver. The publication or dissemination of news or information shall not constitute a waiver of the protection from compelled disclosure as provided in subsection (b) of this section.
(Added 2017, No. 40, § 1, eff. May 17, 2017.)
Subchapter 2 Attendance
§§ 1621, 1622 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1623 Penalty for disobeying subpoena
When a person upon whom a subpoena is legally served fails to appear according to such subpoena, without reasonable excuse, he or she shall forfeit to the party which issued the subpoena or on whose behalf it was issued a sum set by the court, but not exceeding $100.00 plus all costs of litigation incurred by that party as a result of the respondent’s noncompliance, including costs of issuing new subpoenas and incurring additional expenses for expert witnesses. Such person shall also pay such party all just damages, to be recovered in an action of tort on this statute.
(Amended 1983, No. 230 (Adj. Sess.), § 6.)
§ 1624 Mittimus to compel attendance
When it appears to a court that a subpoena has been legally served on a person, and that such person has not obeyed the subpoena, the court may issue a mittimus to compel his or her attendance.
(Amended 1983, No. 230 (Adj. Sess.), § 7.)
Subchapter 3 Examination
§ 1641 Repealed
[Repealed]
1959, No. 261, § 68.
§ 1641a Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1642 Impeachment of own witness
When, in the opinion of the court, a witness produced by a party is adverse, such party, by leave of court, may prove that such witness has made statements inconsistent with his or her testimony. Before such proof is given, the attention of the witness shall be called to the occasion of such supposed statements and he or she be asked whether or not he or she has made the same.
§ 1643 Expert witness
An expert witness may be asked to state his or her opinion based on the witness’ personal observation, or on evidence introduced at the trial and seen or heard by the witness, or on his or her technical knowledge of the subject, without first specifying hypothetically in the question the data on which this opinion is based. On direct or cross-examination, such expert witness may be required to specify the data on which his or her opinion is based.
§ 1644 Witnesses may be examined separately
On the trial of a civil cause, in its discretion, upon the application of either party, the Superior Court may order the witnesses of the adverse party examined separately and apart from each other.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 70.)
§ 1645 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1646 Evidence of sexual conduct
(a) In a civil action arising from alleged wrongful sexual activity and in professional licensing board administrative hearings where alleged wrongful sexual activity is an issue:
(1) Neither opinion evidence of, nor evidence of the reputation of the complaining witness’ sexual conduct shall be admitted.
(2) Evidence shall be required as it is for all other civil actions.
(3) Evidence of prior sexual conduct of the complaining witness shall not be admitted; provided, however, where it bears on the credibility of the complaining witness or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:
(A) evidence of the complaining witness’ past sexual conduct with the defendant;
(B) evidence of specific instances of the complaining witness’ sexual conduct showing the source of origin of semen, pregnancy, or disease;
(C) evidence of specific instances of the complaining witness’ past false allegations of wrongful sexual activity.
(b) In a civil action arising from alleged wrongful sexual activity, if a party proposes to offer evidence described in subdivision (a)(3) of this section, that party shall prior to the introduction of such evidence file written notice of intent to introduce that evidence, and the court shall order an in camera hearing to determine its admissibility. All objections to materiality, credibility, and probative value shall be stated on the record by the opposing party at the in camera hearing, and the court shall rule on the objections immediately, and prior to the taking of any other evidence.
(Added 1995, No. 170 (Adj. Sess.), § 22, eff. Sept. 1, 1996.)
Subchapter 4 Immunities
§ 1661 Attesting witnesses to wills and other instruments
The provisions of sections 1601-1609 and 1642 of this title shall not affect the law relating to the attestation of the execution of last wills and testaments or of any other instrument.
(Amended 1971, No. 185 (Adj. Sess.), § 49, eff. March 29, 1972.)
§ 1662 Self incrimination—generally
The provisions of sections 1601-1609 and 1642 of this title shall not compel a person to subject himself or herself by his or her testimony to a prosecution for a criminal offense.
(Amended 1971, No. 185 (Adj. Sess.), § 50, eff. March 29, 1972.)
§ 1663 Suits or prosecutions for fraudulent conveyances
When a person testifies in a suit or proceeding at law, his or her testimony shall not be used as evidence to prove any fact in a suit or prosecution against him or her for a penalty for violation of a law in relation to fraudulent conveyance of property.
(1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972.)
§ 1664 Immunity of witnesses
(a) Whenever a witness refuses, on the basis of his or her privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court or grand jury of the State of Vermont, and the presiding judge communicates to the witness an order issued under subsection (b) of this section, the witness may not refuse to comply with the order on the basis of his or her privilege against self-incrimination; but no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used for any purpose, including impeachment and cross-examination, against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. The State shall have the burden of proving beyond a reasonable doubt that any proffered evidence was derived from sources totally independent of the compelled testimony. If the witness is subsequently charged with an offense, other than perjury, the court may order the return of all copies of his or her compelled testimony. Nothing in this section shall preclude the Attorney General or a State’s Attorney from entering into an agreement with a witness, or from requesting an order from the presiding judge under subsection (b) of this section, under which the witness shall not be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence and no testimony given or procured pursuant to such agreement shall be received against him or her in any criminal investigation, proceeding, or trial, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with a court order.
(b) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court or grand jury of the State of Vermont, the presiding judge may issue in accordance with subsection (c) of this section, upon the request of the Attorney General or a State’s Attorney, an order requiring such individual to give testimony or provide other information which he or she refuses to give or provide on the basis of his or her privilege against self-incrimination, such order to become effective as provided in subsection (a) of this section.
(c) The Attorney General or a State’s Attorney may request an order under subsection (a) of this section when in his or her judgment:
(1) the testimony or other information from such individual may be necessary to the public interest; and
(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his or her privilege against self-incrimination.
(1971, No. 199 (Adj. Sess.), § 17, eff. July 1, 1972; 1973, No. 109, § 1, eff. July 1, 1973; 1981, No. 223 (Adj. Sess.), § 22.)
Chapter 63 Records and Other Documents
§ 1691 Production of books and papers; subpoena duces tecum
(a) In the trial of actions at law, and on motion and due notice, Supreme and Superior Courts may require the parties to produce any books or writings in their possession or power which contain evidence pertinent to the issue or relative to the action, and if the party fails to comply with the order, the court may render judgment against such party by nonsuit or default.
(b) When an action is pending in court against a person as cashier, director, or other officer of a bank, for a violation of the provisions of the general banking laws of this State or on a bond for the performance of his or her duties as cashier, director, or other officer of a bank, such court may compel the production of the books, papers, and records of the bank, upon trial, by service of a subpoena duces tecum on the officers of the bank having the same in charge.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 71.)
§ 1691a Procedure for production of employee personnel records
(a) Policy. It is the policy of this State that an employee’s personnel records should not be discovered by a party in a civil action without first giving the employee notice and an opportunity to object to the discovery of the records.
(b) Definitions. As used in this section:
(1) “Civil action” means any action commenced pursuant to Rule 3 of the Vermont Rules of Civil Procedure except an action in which employment discrimination is alleged.
(2) “Employee” means an individual who is or was an employee of the employer within the meaning of Chapter 24 of the Internal Revenue Code of 1986.
(3) “Employer” has the meaning given such term in Section 3401(d) of the Internal Revenue Code of 1986 and includes the State or any political subdivision or instrumentality of the State.
(4) “Personnel record” means any written or electronic record relating to an employee, including:
(A) information regarding the employee’s job description, compensation, and employment benefits;
(B) hiring, evaluation, work habits, promotion, and discipline records;
(C) employment records maintained in accordance with State and federal law;
(D) physical, medical, and psychological condition; and
(E) personal finances.
(c) Notice to employee. A party in any civil action seeking the production of the personnel records of an employee in such action, shall notify the employee whose records are being sought. Upon request, pursuant to Rule 26 of the Vermont Rules of Civil Procedure, the employer shall furnish to the requesting party the name and last known address of the employee whose records are specifically being sought for production for the purpose of giving such notice.
(d) Service of notice. The notice to the employee shall be served on the employee by first class mail at the employee’s last known address at the time such disclosure is sought. Service shall be complete upon mailing of the notice.
(e) Contents of notice. The notice shall include a copy of the request and shall inform the employee:
(1) that a request for production of the employee’s personnel records has been made;
(2) the name, address, and telephone number of the party or attorney making the request;
(3) the name and address of the court in which the action is pending;
(4) the name of the employer to whom the request has been made; and
(5) an explanation of the employee’s rights under subsection (f) of this section.
(f) Employee right to respond and object. Prior to the disclosure of the records to the requesting party, the employee whose records are being sought shall have 20 days after service of the notice to respond to the request. The response shall be filed with the court and may include an objection to the production of the records on the grounds that production of the records will cause the employee annoyance, embarrassment, oppression, undue burden or expense, or other grounds provided by law. A copy of the response shall be served on the requesting party.
(g) Employee right to be heard. Before ruling on a request for a personnel record, upon request the court shall give the employee whose record is being sought an opportunity to be heard.
(h) Protective order. If the court grants the party’s request for production of the records of the employee, the court may limit discovery as provided for in Rule 26(c) of the Vermont Rules of Civil Procedure (protective order).
(i) No employee response or objection. The duty to produce personnel records shall be determined as provided by law without requiring the participation of the employee if:
(1) the employee does not respond to the notice by the requesting party within 20 days; or
(2) the employee notifies the requesting party in writing that he or she does not object to the production of the records.
(j) Employer’s independent basis to resist production; employee’s right to review and copy records. The provisions of this section shall not preclude an employer from asserting any independent basis to resist the production of personnel records as provided by law and shall not limit the right of the employee to review and copy his or her personnel records pursuant to law.
(Added 1997, No. 105 (Adj. Sess.), § 1.)
§ 1692 Certified copies of public records admissible
Unless otherwise provided, a certified or photographic copy of a record or document required by statute to be kept by a public official shall be competent evidence in a court in this State. Such official shall be a certifying officer for such purpose.
§ 1693 Weather record
A copy of the record of weather observations, taken under the direction of any department of the U.S. government, may be received in evidence in a civil cause in any court, if certified under oath by the officer in charge thereof at the place where the same was taken and kept. Such certified copy shall be prima facie evidence of the facts stated therein.
§ 1694 Municipal ordinances; references in prosecutions
In a prosecution for violation of an ordinance or bylaw of a municipal corporation, a copy thereof certified by its clerk to be a lawfully enacted and existing ordinance or bylaw of such municipal corporation shall be prima facie evidence thereof. The allegation that the acts constituting the offense charged are contrary to the form of such ordinance or bylaw, in such case made and provided, shall be a sufficient reference thereto.
(Amended 1971, No. 228 (Adj. Sess.), § 28, eff. July 1, 1972.)
§ 1695 Records of births, civil marriages, and deaths
(a) A record of births, civil marriages, or deaths required by law to be kept or any certified copy thereof, shall not be competent evidence in any trial to prove a fact stated therein, except the fact of birth, civil marriage, or death.
(b) “Fact of birth” shall include only the name of the child born, the sex thereof, the place and date of the birth, the name of the father, and the maiden name of the mother, except that in bastardy proceedings a birth certificate shall not be evidence to prove the identity of the father.
(c) “Fact of civil marriage” shall include only the name of the parties to the civil marriage, the place and date of the civil marriage ceremony, and the name of the clergy or magistrate officiating at such ceremony.
(d) “Fact of death” shall include only the names of the deceased person, his or her sex, and the date and place of his or her death.
§ 1696 Foreign records—births, marriages, and deaths
A copy of the record of a birth, death, or marriage in another state or foreign country, certified under oath to be a true copy thereof, by a person who certifies under oath that he or she is the legal custodian of such record and that the laws of such state or foreign country require such birth, death, or marriage to be recorded, shall be received in the courts of this State as prima facie evidence of such birth, death, or marriage.
§ 1697 Deeds, mortgages, and other public records
A copy of the record of a deed, mortgage, or public record of another state or foreign country shall be received by the courts of this State as prima facie evidence of such document, if such copy is certified under oath to be a true copy thereof by a person who certifies under oath that he or she is the legal custodian thereof, and that the laws of such state or foreign country require such document to be recorded.
§ 1698 Judgments
A copy of the record of a judgment of a court of another state or foreign country shall be received by the courts of this State as prima facie evidence of such judgment, if such copy is certified under oath by the clerk of the court rendering such judgment to be a true copy thereof, that he or she is the legal custodian thereof, that the laws of such state or foreign country require such judgment to be recorded, and with a certificate under the seal of such court that he or she is such clerk or if without a seal, to be so certified.
§ 1699 Foreign laws and decisions; determination by court
The statutes, laws, and decisions of another state may be evidenced, prima facie, in the courts of this State by a printed copy of the laws, which purports to be published by the authority of the other state. The determination of the laws shall be made by the court and not by the jury and shall be reviewable.
(Amended 2021, No. 53, § 3.)
§ 1700 Uniform Business Records as Evidence Act
(a) The term “business,” as used in subsection (b) of this section, shall include every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.
(b) A record of an act, condition, or event shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition, or event, and if, in the opinion of the court, the sources of information, method, and time of preparation were such as to justify its admission.
(c) This section shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact it.
§ 1701 Uniform Photographic Copies of Business and Public Records as Evidence Act
(a) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original.
(b) This section shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it.
§ 1702 Missing persons—finding of presumed death under Federal Missing Persons Act
A written finding of presumed death, made by the officer or employee of the United States authorized to make such finding, pursuant to the Federal Missing Persons Act, as now or hereafter amended, or a duly certified copy of such finding, shall be received in any court, office, or other place in this State as evidence of the death of the person therein found to be dead, and of the date, circumstances, and place of his or her disappearance.
§ 1703 Report as to status
An official written report or a record or duly certified copy thereof, made by such officer or employee, that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, or is dead or is alive, shall be received in any court, office, or other place in this State as evidence that such person’s status is as stated therein at the time of such report.
§ 1704 Finding or report as prima facie evidence
For the purposes of sections 1702-1704 of this title any finding, report, or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in section 1702 of this title, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his or her authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his or her authority so to certify.
§ 1705 HIV-related testing information
(a) No court of this State shall issue an order requiring the disclosure of individually-identifiable HIV-related testing or counseling information unless the court finds that the person seeking the information has demonstrated a compelling need for it that cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy interest of the test subject and the public interest which may be disserved by disclosure which deters future testing or which may lead to discrimination.
(b) Pleadings pertaining to disclosure of HIV-related testing and counseling information shall substitute a pseudonym for the true name of the subject of the test. The subject’s true name shall be communicated confidentially to the court and those parties who have a compelling need to know the subject’s true name. All documents filed with the court which identify the subject’s true name shall not be disclosed to any person other than those parties who have a compelling need to know the subject’s true name and the subject of the test. All such documents shall be sealed upon the conclusion of proceedings under this section.
(c) Before granting any such order, the court shall provide the individual whose test information is in question with notice and a reasonable opportunity to participate in the proceedings if he or she is not already a party.
(d) Court proceedings as to disclosure of counseling and testing information shall be conducted in camera unless the subject of the test agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice.
(e) Upon issuance of an order to disclose test results, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure.
(Added 1987, No. 194 (Adj. Sess.), § 3.)
Chapter 81 Conduct of Trial
Subchapter 1 Generally
§ 1901 Exclusion of public
When a cause of scandalous or obscene nature is on trial, the presiding judge or the justice shall exclude therefrom all minors, unless necessarily present as parties or witnesses, and in his or her discretion, may exclude all persons not so present.
§ 1902 Repealed
[Repealed]
1969, No. 222 (Adj. Sess.), § 5.
§§ 1903, 1904 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1905 Eminent domain; findings of damages; instructions to jury
A trier of fact in proceedings to determine damages due the owner of land taken by a governmental body by eminent domain shall find separately the value of each element thereof specified in 19 V.S.A. § 501(2). When a judge submits the determination thereof to a jury, he or she shall instruct the jury that they shall bring in a special verdict on each of those elements involved in the case.
(1961, No. 179.)
§ 1906 Repealed
[Repealed]
1959, No. 261, § 68.
§ 1907 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1908 Burden of proof
For the purpose of this section, malpractice shall mean professional medical negligence comprised of the elements listed herein. In a malpractice action based on the negligence of the personnel of a hospital, a physician licensed under 26 V.S.A. chapter 23, a dentist licensed under 26 V.S.A. chapter 13, a podiatrist licensed under 26 V.S.A. chapter 7, a chiropractor licensed under 26 V.S.A. chapter 9, a nurse licensed under 26 V.S.A. chapter 27, or an osteopathic physician licensed under 26 V.S.A. chapter 33, the plaintiff shall have the burden of proving:
(1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised by a reasonably skillful, careful, and prudent health care professional engaged in a similar practice under the same or similar circumstances whether or not within the State of Vermont;
(2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and
(3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.
(Added 1975, No. 250 (Adj. Sess.), § 2, eff. April 7, 1976.)
§ 1909 Limitation of medical malpractice action based on lack of informed consent
(a) For the purpose of this section, “lack of informed consent” means:
(1) the failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto and the reasonably foreseeable risks and benefits involved as a reasonable medical practitioner under similar circumstances would have disclosed, in a manner permitting the patient to make a knowledgeable evaluation; or
(2) the failure to disclose the information required by subsection (d) of this section.
(b) The right of action to recover for medical malpractice based on a lack of informed consent shall not apply in the case of an emergency.
(c) It shall be a defense to any action for medical malpractice based upon an alleged failure to obtain such an informed consent that:
(1) the risk not disclosed is too commonly known to require disclosure and that the risk is not substantial;
(2) the patient assured the medical practitioner he or she would undergo the treatment, procedure or diagnosis regardless of the risk involved, or the patient indicated to the medical practitioner that he or she did not want to be informed of the matters to which he or she would be entitled to be informed;
(3) consent by or on behalf of the patient was not reasonably possible; or
(4) a reasonably prudent person in the patient’s position would have undergone the treatment or diagnosis if he or she had been fully informed.
(d) A patient shall be entitled to a reasonable answer to any specific question about foreseeable risks and benefits, and a medical practitioner shall not withhold any requested information.
(e) A motion for judgment for the defendant at the end of plaintiff’s case must be granted as to any cause of action for medical malpractice based solely on lack of informed consent if the plaintiff has failed to adduce expert medical testimony in support of the allegation that he or she was not provided sufficient information as required by subdivision (a)(1) of this section.
(Added 1975, No. 250 (Adj. Sess.), § 3, eff. April 7, 1976; 2009, No. 25, § 5.)
§§ 1910, 1911 [Reserved for future use.]
§ 1912 Expression of regret or apology by health care provider inadmissible
(a) An oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, made by or on behalf of a health care provider or health care facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the error, does not constitute a legal admission of liability for any purpose and shall be inadmissible in any civil or administrative proceeding against the health care provider or health care facility, including any arbitration or mediation proceeding.
(b) In any civil or administrative proceeding against a health care provider or health care facility, including any arbitration or mediation proceeding, the health care provider, health care facility, or any other person who makes an oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, on behalf of the provider or facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the potential adverse outcome, may not be examined by deposition or otherwise with respect to the expression of regret, apology, or explanation.
(c) As used in this section:
(1) “Health care facility” shall have the same meaning as in 18 V.S.A. § 9402(6).
(2) “Health care provider” shall have the same meaning as in 18 V.S.A. § 9402(7).
(d) The liability protections afforded by subsections (a) and (b) of this section shall not be construed to limit access to information that is otherwise discoverable.
(e) This section shall apply only to medical errors that occur on or after July 1, 2006.
(Added 2005, No. 142 (Adj. Sess.), § 1.)
§ 1913 Blockchain enabling
(a) As used in this section:
(1) “Blockchain” means a cryptographically secured, chronological, and decentralized consensus ledger or consensus database maintained via internet, peer-to-peer network, or other interaction.
(2) “Blockchain technology” means computer software or hardware or collections of computer software or hardware, or both, that utilize or enable a blockchain.
(b)(1) A digital record electronically registered in a blockchain shall be self-authenticating pursuant to Vermont Rule of Evidence 902, if it is accompanied by a written declaration of a qualified person, made under oath, stating the qualification of the person to make the certification and:
(A) the date and time the record entered the blockchain;
(B) the date and time the record was received from the blockchain;
(C) that the record was maintained in the blockchain as a regular conducted activity; and
(D) that the record was made by the regularly conducted activity as a regular practice.
(2) A digital record electronically registered in a blockchain, if accompanied by a declaration that meets the requirements of subdivision (1) of this subsection, shall be considered a record of regularly conducted business activity pursuant to Vermont Rule of Evidence 803(6) unless the source of information or the method or circumstance of preparation indicate lack of trustworthiness. For purposes of this subdivision (2), a record includes information or data.
(3) The following presumptions apply:
(A) A fact or record verified through a valid application of blockchain technology is authentic.
(B) The date and time of the recordation of the fact or record established through such a blockchain is the date and time that the fact or record was added to the blockchain.
(C) The person established through such a blockchain as the person who made such recordation is the person who made the recordation.
(D) If the parties before a court or other tribunal have agreed to a particular format or means of verification of a blockchain record, a certified presentation of a blockchain record consistent with this section to the court or other tribunal in the particular format or means agreed to by the parties demonstrates the contents of the record.
(4) A presumption does not extend to the truthfulness, validity, or legal status of the contents of the fact or record.
(5) A person against whom the fact operates has the burden of producing evidence sufficient to support a finding that the presumed fact, record, time, or identity is not authentic as set forth on the date added to the blockchain, but the presumption does not shift to a person the burden of persuading the trier of fact that the underlying fact or record is itself accurate in what it purports to represent.
(c) Without limitation, the presumption established in this section shall apply to a fact or record maintained by blockchain technology to determine:
(1) contractual parties, provisions, execution, effective dates, and status;
(2) the ownership, assignment, negotiation, and transfer of money, property, contracts, instruments, and other legal rights and duties;
(3) identity, participation, and status in the formation, management, record keeping, and governance of any person;
(4) identity, participation, and status for interactions in private transactions and with a government or governmental subdivision, agency, or instrumentality;
(5) the authenticity or integrity of a record, whether publicly or privately relevant; and
(6) the authenticity or integrity of records of communication.
(d) The provisions of this section shall not create or negate:
(1) an obligation or duty for any person to adopt or otherwise implement blockchain technology for any purpose authorized in this section; or
(2) the legality or authorization for any particular underlying activity whose practices or data are verified through the application of blockchain technology.
(Added 2015, No. 157 (Adj. Sess.), § I.1; amended 2017, No. 205 (Adj. Sess.), § 1; 2023, No. 161 (Adj. Sess.), § 4, eff. June 6, 2024.)
Subchapter 2 Jury Trials
§ 1941 Jury challenges; peremptory and for cause
Upon the trial of a cause in any court, each party, including the State, may peremptorily challenge six jurors and any further number for cause.
§ 1942 Repealed
[Repealed]
1973, No. 118, § 25, eff. Oct. 1, 1973.
§ 1943 Confinement and care of jury
When the court has committed a cause to its consideration, the jury shall be confined until it agrees on a verdict or is discharged. While so confined, the jury shall be under the care of an officer appointed by the court and sworn for that purpose.
§ 1944 Appointment of jury foreman
In the trial of a cause in the Superior Court by jury, the court shall appoint one of the jurors foreman at the time such cause is submitted.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 1945 Return of jury for further consideration
If the judges of the Superior Court before whom a cause is tried consider that the jury has mistaken the law or evidence material to the issue or has not paid proper attention thereto, they may cause it to return to a second and third consideration of the cause. If the jury does not alter or retract its verdict, the same shall be received.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 1946 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 1947 Treating jurors; new trial
A verdict shall be set aside and a new trial granted on proof that a party in whose favor such verdict is rendered and during the same term of court, gives to a juror, knowing him or her to be a juror in the cause, victuals or drink or procures it to be done by way of treat either before or after such verdict.
§ 1948 View of premises by jury
When on the trial of a cause in the Superior Court for damages to real estate, or in an action in which the title to land is concerned, it is necessary that a view be had of the premises, on motion of either party, the court may grant such view at the expense of the party making the motion.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 1949 Repealed
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
Subchapter 3 Trial of Civil Causes Before Justices
§§ 1981-1989 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
Chapter 83 Reference of Causes
Subchapter 1 Reference by Supreme or County Court
§§ 2041-2044 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 2 Reference by Justices and Municipal Judges
§§ 2061-2063 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 3 General Provisions as to Auditors, Referees, and Commissioners
§§ 2081-2084 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 85 Costs
§ 2131 Costs in Supreme Court
In all causes of a civil nature disposed of in the Supreme Court, the prevailing party shall be entitled to costs, unless in its discretion, the Court shall apportion costs as equity may require.
§§ 2132-2135 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 2136 Costs in Supreme and Superior Courts when nominal damages are recovered
When the plaintiff in an action in Superior or Supreme Court recovers judgment for a nominal sum for debt or damages, in its discretion, the court may make such order in respect to plaintiff’s costs as is equitable, but not to exceed his or her taxable costs.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 72.)
§ 2137 Costs exceeding damages
Unless the plaintiff recovers more than $7.00 damages in actions for trespass on the freehold, other than those in which the right of title or possession of real estate comes in question, actions for slanderous words, actions for assault and battery and actions for false imprisonment, commenced before a District or Superior Court, he or she shall not recover more costs than damages. In such actions for trespass on the freehold or for assault and battery, if the court is of opinion that the trespass was willful and malicious, and so certifies, the plaintiff shall recover full costs.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 2138 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2139 Tender of confession of judgment
When a debtor, before or after an action is commenced, tenders to the creditor or to his or her agent or attorney holding the obligation or account against such debtor, a confession of judgment before a district judge for the amount of the debt and costs then accrued, and such tender is refused, the creditor shall not recover the costs made after such tender in procuring judgment for his or her debt.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 17, eff. April 9, 1974.)
§§ 2140, 2141 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2142 Apportioning costs in case of several issues or claims
When an action pending in a District or Superior Court or in the Supreme Court involves the trial of several and distinct issues or of several and distinct claims, in taxing the costs, the court shall allow to each party the costs accruing upon the issues or claims upon which he or she prevails.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 2143 Actions which might have been joined
If more than one action founded on a joint and several contract, or on different contracts between the same parties, are pending in a court at the same time, in its discretion, the court shall allow only such costs as are equitable between the parties.
§ 2144 Two judgments at one term; motion to chancer or redeem
Unless there is a hearing on motion for a new trial, costs shall not be taxed for two judgments in one action at the same term nor shall costs be taxed on a motion to chancer or redeem, other than as provided by law.
§ 2145 Action on receipt for property levied upon
Costs shall not be allowed the plaintiff in an action founded upon a receipt given to an officer for property taken by virtue of a writ of execution, unless the defendant delays final judgment by obtaining a continuance or entering an appeal.
§ 2146 Account which might have been adjusted in former action
In an action founded on book account, a defendant who has personal notice of the action and neglects to present his or her account against the plaintiff and have it adjusted in such action, shall not recover costs in an action to recover the amount of such account against such plaintiff.
§ 2147 Action on judgment upon which execution might have issued
A person commencing an action founded on a judgment rendered in this State, upon which at the time of bringing his or her action execution might issue, shall not recover costs, if the court before whom it is brought considers that it was commenced without sufficient cause and that the creditor might as well have recovered his or her demand by execution.
§ 2148 Consolidation of actions against directors
(a) In all causes brought to the same Superior Court in favor of different creditors of a corporation against the directors thereof, or some of them jointly, based upon the provisions of the act or articles of incorporation, or a statute, to recover for loss sustained by such creditors by reason of the incompetency, neglect or remissness of such directors, and where the same parties are defendants in each action, such causes may be consolidated by the court, upon request of the defendants or upon request of such of the several plaintiffs as shall join in a motion therefor, and proceed to final judgment as one cause, and only one bill of costs shall be allowed to the successful party in court.
(b) If such judgment is for the plaintiffs, it shall show the amount of damages awarded to each. Separate executions shall issue thereon, with full costs in one cause and costs of writ, service and court fees in the others. If such judgment is for the defendants, the execution shall run against all the plaintiffs; but, as between themselves, they shall bear the costs in proportion to the amount of their respective claims.
(c) When actions are brought by several plaintiffs against the same defendants, as provided in subsection (a) of this section and any of such causes are continued by the term without the fault of either party, or to await the result of similar pleadings in another cause, costs shall not be taxed at such term in favor of either party, except court fees.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 2149 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2150 Actions on negotiable paper or nonnegotiable choses in action
In an action brought on a negotiable note or bill or on a nonnegotiable chose in action, the plaintiff shall not recover more costs than would have been taxed if the action had been brought in the name of the original payee or assignor.
§ 2151 When defendant pleads bankruptcy and prevails
In actions in which the bankruptcy of the defendant is set up in defense, and the defendant prevails solely by reason of such answer, the court may allow or disallow costs against the plaintiff.
§ 2152 Penalty for taxing or taking illegal costs or fees
A clerk of a court who, in taxing costs, knowingly includes a greater sum than is provided for by law, or a person practicing before a court who knowingly makes up, takes, or receives a greater sum in costs than is provided for by law, or a person who knowingly receives greater fees than the law provides, shall pay to the person aggrieved 10 times such excess, to be recovered with costs in an action of tort on this statute.
Chapter 101 New Trials; Appeals for Fraud, Accident, or Mistake
§§ 2351-2356 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2357 Appeals in probate proceedings—Fraud, accident, or mistake
When the petitioner has been prevented from taking or entering an appeal in a probate proceeding by fraud, accident, or mistake, on petition and proof thereof, the Supreme or Superior Court in its discretion may grant leave to file a notice of appeal from an order, sentence, decree, or denial of the Probate Division of the Superior Court or from a determination of commissioners on the estate of a deceased person in those cases which are by law appealable.
(Amended 1959, No. 261, § 55; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 73, eff. Feb. 1, 2011.)
§ 2358 Service of petition; time limitation
The petition shall be filed and served on the adverse party like a summons and complaint. The adverse party shall file and serve an answer. The petition shall not be sustained unless it is preferred within two years after the alleged fraud, accident, or mistake happened, provided that the petition shall be brought before the estate is fully settled in the Probate Division of the Superior Court.
(Amended 1971, No. 185 (Adj. Sess.), § 52, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§§ 2359-2361 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 2362 Recognizance on petition to enter an appeal
A petition to enter an appeal shall not issue until a Justice of the Supreme Court, the presiding judge, or a district judge of the court having jurisdiction of the same, as the case may be, has taken sufficient security by way of recognizance to the adverse party, which shall be minuted on the summons or petition, conditioned that, if the petitioner fails to prosecute his or her petition to effect or finally to recover in the action, he or she will pay the adverse party the intervening damages and costs accruing to him or her by reason of such petition.
(Amended 1971, No. 185 (Adj. Sess.), § 54, eff. March 29, 1972.)
§ 2363 Stay of proceedings; bail and liens not affected
In his or her discretion, a justice or judge of the court having jurisdiction of such petition, by an order signed by him or her, may direct a stay of proceedings on the judgment, whether execution has issued or not, until a final decision is made upon such petition. Such stay of proceedings shall not operate to discharge or release bail or extinguish or prevent the perfecting of a lien which the petitionee has acquired upon the property of the petitioner by attachment or levy of execution.
§ 2364 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237 eff. March 29, 1972.
§ 2365 Copy of process and recognizance to be filed
The magistrate ordering a stay of proceedings shall take a copy of the process and recognizance, and file the same in the office of the clerk of the court to which the petition is made returnable or with the judge of the court, if it has no clerk.
§ 2366 Failure to prosecute petition
If the petition is not served or filed within such time as the Supreme Court may by rule provide for the service or filing of the complaint in a civil action in a Superior Court, the action may be dismissed on motion and notice. The Court shall thereupon render judgment for the petitionee to recover his or her costs, and, if the Court is of opinion that the petition was brought to delay the collection of an execution, it shall award to the original creditor 12 percent interest on the original debt, with double costs.
(Amended 1971, No. 185 (Adj. Sess.), § 55, eff. March 29, 1972.)
Chapter 102 Appellate Procedure
§§ 2381, 2382 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2383 Time for filing notice of appeal
Except as otherwise provided by law, a notice of appeal shall be filed within 30 days from the date of the entry of any appealable judgment, order, ruling, decree or sentence of any court, commission, board, agency, or department of the State or any political subdivision thereof. The Supreme Court may by rule provide for extension of the time for appeal to allow a cross appeal or for cause.
(1959, No. 261, § 47; amended 1961, No. 181, § 2; 1971, No. 185 (Adj. Sess.), § 56, eff. March 29, 1972.)
§§ 2384, 2385 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2386 Passing causes before final judgment
(a) Before final judgment in civil actions or proceedings in the Superior Courts, an appeal to the Supreme Court for the determination of questions of law may be taken in such manner and under such conditions as the Supreme Court may by rule provide.
(b) In its discretion and before final judgment, a Superior Court may permit an appeal to be taken by the respondent or the State in a criminal cause to the Supreme Court for determination of questions of law. The Supreme Court shall hear and determine the questions and render final judgment thereon or remand the proceedings as justice and the state of the cause may require.
(Added 1959, No. 261, § 50; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 57, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), §§ 74, 74a, eff. Feb. 1, 2011.)
§ 2387 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2388 Repealed
[Repealed]
1973, No. 118, § 25, eff. Oct. 1, 1973.
§§ 2389, 2390 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 103 Passing Causes to Supreme Court
§ 2421 Repealed
[Repealed]
1959, No. 261, § 68.
§ 2422 Appeal by State
In a suit or prosecution in the name of the State, tried in the Superior Court, the determination of which may affect the title to the property or right of property of the State or a right or franchise of the State or of the public, an appeal may be taken by the State from the opinion of the court on questions of law arising on the trial, and the cause shall pass to the Supreme Court for determination, as in civil causes.
(Amended 1959, No. 261, § 57; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§§ 2423-2428 Repealed
[Repealed]
1959, No. 261, § 68.
§ 2429 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2430 Repealed
[Repealed]
1959, No. 261, § 68.
§ 2431 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2432 Passing causes to Supreme Court; recognizance in ejectment cases
In actions brought under the provisions of sections 4851-4853 of this title, within three business days after judgment, the appealing party shall give security to the other party by way of recognizance or bond approved by the Court to pay the costs as the other party shall finally recover against him or her. If the appealing party is the defendant, he or she shall also give the security for rents then due and intervening rent. If final judgment is for the plaintiff, the costs, damages, and rents may be recovered by an action upon the recognizance or an action on contract founded on the judgment.
(Amended 1959, No. 261, § 64; 1971, No. 185 (Adj. Sess.), §§ 58, 237, eff. March 29, 1972; 2017, No. 11, § 15.)
§ 2433 Repealed
[Repealed]
1959, No. 261, § 68.
Chapter 105 Writs of Error
§§ 2491-2496 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2497 Limitation of time for proceedings in certiorari
Proceedings in certiorari shall be commenced within one year after the rendition of the judgment or order to review which proceedings are commenced. If a person entitled to bring proceedings is, at the time the judgment or order is rendered, a minor, or a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or imprisoned, he or she may bring them within one year after the disability is removed.
(Amended 1971, No. 185 (Adj. Sess.), § 59, eff. March 29, 1972; 2013, No. 96 (Adj. Sess.), § 47.)
Chapter 107 Appeals from Probate Court
§ 2551 Supreme Court jurisdiction of probate proceedings in Superior Courts
The Supreme Court shall have jurisdiction of questions of law arising in the course of the proceedings of the Superior Courts in probate matters, as in other causes.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 154 (Adj. Sess.), § 75, eff. Feb. 1, 2011.)
§ 2552 Repealed
[Repealed]
1959, No. 261, § 68.
§ 2553 Appeals to Civil Division; appellate jurisdiction
The Civil Division of the Superior Court shall have appellate jurisdiction of matters originally within the jurisdiction of the Probate Division of the Superior Court, except as herein otherwise provided.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 1, § 4, eff. Feb. 2, 2011.)
§ 2554 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2555 Appeal to Civil Division
Except as otherwise provided, a person interested in an order, sentence, decree, or denial of a Probate Division of the Superior Court, who considers himself or herself injured thereby, may appeal therefrom to the Civil Division of the Superior Court.
(Amended 1959, No. 261, § 59; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 1, § 5, eff. Feb. 2, 2011.)
§ 2556 Appeal from commissioners
(a) In the two following cases, an executor, administrator, or creditor may appeal to the Superior Court from the decision and report of the commissioners, if notice of appeal is filed with the clerk of the Superior Court appealed to within 30 days after the return of the commissioners’ report:
(1) when the commissioners disallow a claim in whole or in part to the amount of $20.00 or more in favor of a creditor or of the estate;
(2) when the commissioners allow a claim in whole or in part, and the sum allowed and objected to amounts to $20.00 or more.
(b) In case an appeal is taken as provided in subsection (a) of this section, if a claim in favor of the estate against such claimant or a claim in favor of the claimant against such estate, has not been presented to the commissioner by reason of fraud, accident, or mistake, on trial of such appeal, and upon filing proper statement of such claim in Superior Court, recovery may be had for such claim not presented to the commissioners by reason of such fraud, accident, or mistake.
(Amended 1959, No. 261, § 60; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 76.)
§ 2557 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§§ 2558-2560 Repealed
[Repealed]
1959, No. 261, § 68.
§ 2561 Appeal by creditor, devisee, legatee or heir
When an executor or administrator declines to appeal from the decision of the commissioners, a person interested in the estate as creditor, devisee, legatee, or heir may appeal from such decision as the executor or administrator might have done.
(Amended 1959, No. 261, § 56; 1971, No. 185 (Adj. Sess.), § 60, eff. March 29, 1972.)
§§ 2562-2565 Repealed
[Repealed]
1959. No. 261, § 68.
§ 2566 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2567 Costs on appeal
If costs are taxed against an executor or administrator on appeal to the Supreme or Superior Court, they shall be allowed to him or her in his or her administration account.
(Amended 1971, No. 185 (Adj. Sess.), § 61, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 2568 Repealed
[Repealed]
1959, No. 261, § 68.
§§ 2569-2571 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 109 Appeals from Justice's Court in Civil Actions
§§ 2621-2623 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§§ 2624-2627 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§§ 2628-2630 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
Chapter 111 Levy of Execution
Subchapter 1 Generally
§ 2681 Executions in Supreme and Superior Courts; time
(a) The Supreme and Superior Courts may issue executions on final judgments rendered by them, which shall be made returnable within 60 days from the date thereof. Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment, except as provided in subsection (b) of this section.
(b) Executions on small claims court judgments may be made so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment. Actions to renew small claims court judgments shall be brought by filing a complaint in small claims court prior to the expiration of the judgment, and may be made for the amount of the judgment and any postjudgment costs, fees, and interest allowed by law.
(Amended 1971, No. 185 (Adj. Sess.), § 65, eff. March 29, 1972; 1979, No. 67, § 5, eff. date, see note set out below; 2007, No. 39, § 6.)
§ 2682 Names of attorneys to be indorsed
The name of an attorney of record for the plaintiff, and for the defendant, if any, shall be indorsed on such execution by the officer signing the same.
§ 2683 Executions on judgments of District Courts; time
Executions issued upon a judgment rendered by a District Court shall be made returnable within 60 days from the date thereof. Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 18, eff. April 9, 1974; 1979, No. 67, § 6, eff. date, see note set out below.)
§ 2684 Collection of execution enjoined, time not reckoned
When the collection of an execution in the hands of an officer is enjoined, such officer may retain the same. If the injunction is vacated, the time between the issuing and vacating thereof shall not be included in counting the number of days the execution has to run. Upon the vacating of such injunction, the clerk of the Superior Court, on demand, shall give the plaintiff in such execution a certificate of the date of the injunction and when vacated. On receipt of such certificate, the officer holding such execution shall proceed to levy and collect the execution, and shall annex such certificate to his or her return thereon.
(1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972.)
§ 2685 Continuance of subsequent attachments
If attached property is encumbered by a prior attachment, the subsequent attachment shall continue after the removal of the encumbrance for such time as the Supreme Court may by rule provide for the continuance of attachments generally.
(Amended 1971, No. 185 (Adj. Sess.), § 66, eff. March 29, 1972.)
§ 2686 Execution for subsequent attaching creditor
(a) When a subsequent attaching creditor recovers judgment while a prior action is pending, on which the same property is attached, he or she may take an execution on such judgment at any time within 30 days after all prior attachments are discharged, if the property attached is personal property, and, if real estate, within five months after the prior attachments are discharged, though more than a year and a day have passed after the rendition of such judgment. If an execution was taken out at the time of the rendition of such judgment, which is unsatisfied, the plaintiff may take out other executions thereon within the time aforesaid, though the judgment has lain dormant for more than a year and a day. Such execution, or other executions, if so taken out, shall hold the lien on the goods or estate so attached, if put into the hands of the attaching officer within 30 days after the discharge of all liens on such property, if the property was personal, or five months, if real estate.
(b) If more than a year and a day have expired from the rendition of the judgment, the magistrate issuing such execution shall state therein that the plaintiff was a subsequent attaching creditor.
§ 2687 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 2688 Officer to endorse time of receiving; preference
When an execution issued on a judgment is received by an officer authorized by law to levy and serve the same, he or she shall endorse thereon, without fee, the day of the month and year when he or she received it. If two or more executions are delivered to him or her against the same person, the one first delivered shall be first satisfied.
§ 2689 Officer to demand payment
Such officer shall repair to the debtor’s usual place of abode, if within his or her precinct, and demand of the debtor the sum required to be levied by such execution, with the interest thereon, and the charges for serving the same.
§ 2690 Appointment of agent of creditor
When an execution is delivered to an officer for service in a county other than that in which the creditor or his or her attorney of record resides, such creditor or such attorney shall endorse on the execution the name of a person in the county in which the execution is to be levied, to be the agent of the creditor for the purpose of receiving the money on such execution and for giving to or receiving from such officer necessary notices relating thereto. Notices given to such agent shall be as effectual as if given to the creditor.
§ 2691 Executions against trustees of colleges or proprietors of undivided lands
When judgment is rendered against the trustees of colleges or academies or proprietors of undivided lands, execution shall issue against the goods, chattels, or lands of such trustees or proprietors.
§ 2692 Invalid and informal levies—New execution
When an execution is levied on real or personal estate, and it afterwards appears that the estate did not belong to the debtor, or was encumbered by a mortgage not regarded in a sale thereof on execution, by reason of which the levy and sale are void, the court, upon motion, notice, and hearing, may issue an execution for the original execution, or so much thereof as was satisfied by the levy, and the costs thereon with interest on the same from the time of the levy, and the costs of the motion.
(Amended 1971, No. 185 (Adj. Sess.), § 67, eff. March 29, 1972.)
§ 2693 When costs not allowed
When it appears that the estate was turned out to the officer by the creditor or taken without the consent of the debtor, the creditor shall not recover costs on the former execution or on the motion.
(Amended 1971, No. 185 (Adj. Sess.), § 68, eff. March 29, 1972.)
§ 2694 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 2695 Defective execution on real estate; application
Where an execution has been levied on real estate and the levy, sale, or deed is irregular, informal, or not according to law and the title derived therefrom is doubtful, within two years from the time of sale, a party interested may bring an action in the Superior Court, setting forth in the complaint the respects in which it is claimed the proceedings on the execution were irregular, informal, and not according to law. Upon hearing, the presiding judge may grant the plaintiff and all parties interested such relief as is equitable.
(Amended 1971, No. 185 (Adj. Sess.), § 70, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 2696 Levy valid if affirmed or action not brought
When the action is not brought within the time limited or if on hearing the presiding judge decides that the proceedings on execution were legally sufficient, a levy, sale, and deed shall be valid to convey the right, title, or interest that the judgment debtor had at the time of the levy in the real estate sold and shall be conclusive evidence of the title in the estate against the debtor or his or her representatives.
(Amended 1971, No. 185 (Adj. Sess.), § 71, eff. March 29, 1972.)
§ 2697 Costs
Costs may be taxed for either party on the action.
(Amended 1971, No. 185 (Adj. Sess.), § 72, eff. March 29, 1972.)
Subchapter 2 Personal Property, Levy, and Sale
§ 2731 Levy on personal property
When the execution with costs is not paid on demand the officer shall levy the same upon the goods or chattels of the debtor or such as are shown him or her by the creditor, and the same shall be safely kept by the officer at the debtor’s expense, until sold or the execution is otherwise satisfied.
§ 2732 Goods, effects, and credits held by third person
On request of the judgment creditor, the clerk of the court granting judgment shall issue to the officer holding the execution a summons as trustee to a third person having in his or her hands goods, effects, or credits, other than earnings, of the debtor that have not previously been attached on trustee process in connection with the action. The summons shall be in such form as the Supreme Court may by rule provide for a summons to a trustee in connection with the commencement of an action and shall state the date and amount of the judgment. The summons shall be served by the officer upon the trustee in like manner and with the same effect as mesne process. A copy of the summons shall be served upon the judgment debtor with the officer’s endorsement thereon of the date of service upon the trustee. After service of the summons, proceedings shall be had as provided by law and by rule promulgated by the Supreme Court for trustee process in connection with the commencement of an action.
(Added 1971, No. 185 (Adj. Sess.), § 235, eff. March 29, 1972.)
§ 2733 Advertisement
(a) The officer shall forthwith advertise the goods or chattels so taken by posting at a public place in the town where they were taken a notice enumerating them and stating the time when the same will be sold at public auction at such public place, which time shall not be less than 14 days from the time of posting such notice. If the amount of the execution is $50.00 or more and if the cost of publication does not exceed $2.00, such notice shall also be published two weeks successively prior to such sale in at least one newspaper published in such town, if there are any published therein, and, if not, in a newspaper of known circulation in such town.
(b) When the property levied upon is hay, grain in the straw, potatoes, timber, lumber, brick, lime, coal, charcoal, ashes, machinery used in a shop, mill or factory, hides in the process of tanning, cordwood, stone, ore, bark, shingles, hives of bees, hay scales, or the utensils and apparatus kept on a farm for the manufacture of maple sugar, the notice shall state the time when the same will be sold, either at the place where the same are kept by the officer or at such public place.
§ 2734 Sale
When the debtor does not satisfy the execution with costs and charges thereon before the time of sale, the officer shall, at the time and place appointed, sell the same, or a part thereof sufficient to satisfy the execution with the costs and charges thereon, at public auction to the highest bidder.
§ 2735 Application of proceeds
The monies arising from such sales shall be applied to the payment of the charges and the satisfaction of the execution. The officer shall pay on demand the residue, if any, to the debtor.
§ 2736 Penalty for not paying to creditor
An officer who, on demand, does not pay to the creditor in an execution, his or her agent or attorney, such sums of money as he or she receives on the execution, shall forfeit to the person to whose use he or she received the same, 15 percent interest thereon, so long as he or she detains it after demand, to be recovered in an action of tort on this statute.
§ 2737 Officer’s return
The officer serving the execution shall make return thereof with his or her doings thereon, describing the goods or chattels taken and sold and the sum for which each was sold.
§ 2738 Action against officer for fraud or collusion
When such officer is guilty of fraud or collusion on such sale or return, he or she shall pay the party injured three times the amount of damages occasioned by such fraud or collusion, to be recovered in an action of tort on this statute, with costs.
§ 2739 United States currency
United States currency may be taken in execution and paid to the creditor as money collected.
(Amended 1971, No. 185 (Adj. Sess.), § 73, eff. March 29, 1972.)
§ 2740 Goods and chattels; exemptions from
The goods or chattels of a debtor may be taken and sold on execution, except the following articles, which shall be exempt from attachment and execution, unless turned out to the officer to be taken on the attachment or execution, by the debtor:
(1) the debtor’s interest, not to exceed $2,500.00 in aggregate value, in a motor vehicle or motor vehicles;
(2) the debtor’s interest, not to exceed $5,000.00 in aggregate value, in professional or trade books or tools of the profession or trade of the debtor or a dependent of the debtor;
(3) a wedding ring;
(4) the debtor’s interest, not to exceed $500.00 in aggregate value, in other jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor;
(5) the debtor’s interest, not to exceed $2,500.00 in aggregate value, in household furnishings, goods or appliances, books, wearing apparel, animals, crops, or musical instruments that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor;
(6) growing crops, not to exceed $5,000.00 in aggregate value;
(7) the debtor’s aggregate interest in any property, not to exceed $400.00 in value, plus up to $7,000.00 of any unused amount of the exemptions provided under subdivisions (1), (2), (4), (5) and (6) of this section;
(8) one cooking stove, appliances needed for heating, one refrigerator, one freezer, one water heater, sewing machines;
(9) ten cords of firewood, five tons of coals, or 500 gallons of oil;
(10) 500 gallons of bottled gas;
(11) one cow, two goats, 10 sheep, 10 chickens, and feed sufficient to keep the cow, goats, sheep, or chickens through one winter;
(12) three swarms of bees and their hives with their produce in honey;
(13) one yoke of oxen or steers or two horses kept and used for team work;
(14) two harnesses, two halters, two chains, one plow, and one ox yoke;
(15) the debtor’s interest, not to exceed $700.00 in value, in bank deposits or deposit accounts of the debtor;
(16) the debtor’s interest in self-directed retirement accounts of the debtor, including all pensions, all proceeds of and payments under annuity policies or plans, all individual retirement accounts, all Keogh plans, all simplified employee pension plans, and all other plans qualified under sections 401, 403, 408, 408A or 457 of the Internal Revenue Code. However, an individual retirement account, Keogh plan, simplified employee pension plan, or other qualified plan, except a Roth IRA, is only exempt to the extent that contributions thereto were deductible or excludable from federal income taxation at the time of contribution, plus interest, dividends, or other earnings that have accrued on those contributions, plus any growth in value of the assets held in the plan or account and acquired with those contributions. A Roth IRA is exempt to the extent that contributions thereto did not exceed the contribution limits set forth in section 408A of the Internal Revenue Code, plus interest, dividends, or other earnings on the Roth IRA from such contributions, plus any growth in value of the assets held in the Roth IRA acquired with those contributions. No contribution to a self-directed plan or account shall be exempt if made less than one calendar year from the date of filing for bankruptcy, whether voluntarily or involuntarily. Exemptions under this subdivision shall not exceed $5,000.00 for the purpose of attachment of assets by the office of child support pursuant to 15 V.S.A. § 799;
(17) professionally prescribed health aids for the debtor or a dependent of the debtor;
(18) any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract;
(19) property traceable to or the debtor’s right to receive, to the extent reasonably necessary for the support of the debtor and any dependents of the debtor:
(A) Social Security benefits;
(B) veteran’s benefits;
(C) disability or illness benefits;
(D) alimony, support, or separate maintenance;
(E) compensation awarded under a crime victim’s reparation law;
(F) compensation for personal bodily injury, pain and suffering, or actual pecuniary loss of the debtor or an individual on whom the debtor is dependent;
(G) compensation for the wrongful death of an individual on whom the debtor was dependent;
(H) payment under a life insurance contract that insured the life of an individual on whom the debtor was dependent on the date of that individual’s death;
(I) compensation for loss of future earnings of the debtor or an individual on whom the debtor was or is dependent;
(J) payments under a pension, annuity, profit-sharing, stock bonus, or similar plan or contract on account of death, disability, illness, or retirement from or termination of employment.
(Amended 1987, No. 233 (Adj. Sess.); 1999, No. 12, § 1; 2001, No. 13, § 1.)
§ 2741 Repealed
[Repealed]
1979, No. 67, § 9, eff. date, see note set out below.
§ 2742 Security by creditor in case of doubt as to ownership or liability of chattels to attachment or execution
When there is reasonable doubt as to the ownership of the goods or chattels or as to their liability to be taken on a writ of attachment or execution, the officer may require sufficient security to indemnify him or her for taking the same. If the creditor, his or her agent or attorney does not, within a reasonable time after the request, give the security to the officer, he or she may release them to the person from whom they were taken, at any time before the sale of the goods or chattels, and may take other goods or chattels, or, when permitted under section 2741 of this title, the body of the debtor, and for want thereof may return a non est inventus.
(Amended 1971, No. 185 (Adj. Sess.), § 75, eff. March 29, 1972.)
§ 2743 Executions against municipal corporations—To issue against goods or chattels of inhabitants
When judgment is rendered against a county, town, village, school, or fire district, execution shall issue against the goods or chattels of the inhabitants of such county, town, village, school, or fire district, and may be levied and collected of the same.
§ 2744 Demand; payment from municipal funds
The officer who receives any such execution shall forthwith demand the amount thereof of the treasurer of the county, town, village, or district. Such treasurer shall pay the same with charges, if there are sufficient monies in his or her hands belonging to such county, town, village, or district.
§ 2745 Levy when not paid
If the execution or a part thereof remains unpaid, at the expiration of 12 days after making such demand, and not sooner, the officer shall levy and collect the same as therein directed.
§ 2746 Payment by inhabitant whose property is taken
An inhabitant whose goods or chattels are taken on such execution, may pay to the officer the amount of such execution and the charges thereon before their sale.
§ 2747 Recovery against municipality
Such inhabitant shall be entitled to recover against the county, town, village, or district, the sum so paid or levied on his or her goods or chattels, with 12 percent interest thereon, in an action of contract on this statute.
Subchapter 3 Real Estate; Levy, Sale, and Redemption
§ 2781 Real estate which may be taken
Houses, lands, and tenements belonging to a person in his or her own right in fee, or for his or her own life, or the life of another, paying no rents for the same, or for years, or an unlimited time, paying rents for the same, and rights in equity of redeeming lands mortgaged, or in reversion or remainder, as well as his or her personal estate, shall stand charged with the debts and demands owing by such person, and may be taken in execution for the same at the election of the creditor, unless the debtor, his or her agent or attorney, exposes and tenders personal estate sufficient to satisfy the execution and the charges.
§ 2782 Real estate defined
The words “real estate” as used in this chapter shall mean such lands, tenements, rights, and estates as are made liable to execution by section 2781 of this title.
§ 2783 Officer may lodge copy in clerk’s office
When the officer holding an execution for collection is directed by the creditor, his or her agent or attorney, to levy the same on the real estate of the debtor, he or she may lodge in the office where by law a deed of such real estate is required to be recorded, a certified copy of the execution, with a certificate thereon, under his or her hand, stating that he or she is directed to levy the same on such real estate, designating the same as it would be described in case of the attachment of real estate.
§ 2784 Estate held five months
The real estate thus designated shall be held to satisfy such execution for the term of five months from the time of lodging the copy thereof, as provided in section 2783 of this title. When encumbered by previous attachments, the lien thus created shall remain, after the removal of such encumbrance, as if the estate had been attached on mesne process by the creditor in such execution.
§ 2785 Estate in joint tenancy
When the real estate of a debtor is held in joint tenancy, coparcenary, or tenancy in common, with the real estate of other persons, the officer may levy the execution on such debtor’s undivided interest in such real estate, and sell the same as other real estate may be sold.
§ 2786 Sale of real estate on execution; public auction
When an execution is levied upon real estate, the same or an undivided fractional part thereof sufficient to satisfy the execution with costs shall be sold at public auction by the officer to the highest bidder, in satisfaction of the execution, either upon such real estate or at some public place in the town where it is situated or, if situated in an unorganized town or gore, in an adjoining town.
§ 2787 Notice, advertisement, and sale
The officer levying the execution shall give the debtor at least 60 days’ notice of the time and place of sale in writing, served upon him or her, within or outside the State, either (1) by delivery in hand personally or (2) by registered or certified mail, return receipt requested, with instructions to deliver to addressee only. The officer shall also cause an advertisement of the time and place of sale to be published three weeks successively next before the time of sale, in one or more newspapers published in the county where the land lies or, if a newspaper is not published therein, in some newspaper published in an adjoining county. Unless the execution with costs and charges thereon, including expense of advertising, is paid, the officer shall proceed with the sale.
(Amended 1971, No. 185 (Adj. Sess.), § 76, eff. March 29, 1972.)
§ 2788 Notice to subsequent attaching or levying creditor
When the real estate levied upon is subject to a subsequent attachment or levy, the officer shall give notice of such sale to the subsequent attaching or levying creditor in the same manner as provided for notice to the execution debtor in section 2787 of this title.
§ 2789 Adjournment; manner of sale
For good cause, the officer may postpone such sale for a time not exceeding seven days, and so from time to time until it is completed, giving notice of such adjournment by public proclamation at the time and place appointed for the sale. Such real estate, or an undivided fractional part thereof sufficient to satisfy the execution with costs, shall be sold, and if, in the opinion of the officer, it is divisible, shall be sold in separate tracts and parcels.
§ 2790 Officer’s deed to purchaser; effect
The officer selling such real estate, if the same is not redeemed, shall make, execute, and acknowledge a sufficient deed thereof to the purchaser, and deliver the same to him or her as hereinafter provided. When the deed is recorded in the office where by law a deed of real estate is required to be recorded, it shall give the purchaser all the debtor’s right, title, and interest to the real estate sold.
§ 2791 Return of execution
The officer commencing proceedings for sale on execution of real estate or the right to collect and receive rents, issues, and profits thereof, may make such sale, although the return day of the execution has passed, and shall return the execution within five business days after the sale. A failure to make such return shall not affect the purchaser’s title to the property.
(Amended 2017, No. 11, § 16.)
§ 2792 Form of deed; costs
The deed executed by the officer of lands sold on execution, shall be taxed as a part of the costs on the execution at one dollar, and shall be substantially in the following form:
KNOW ALL MEN BY THESE PRESENTS, That, whereas, an execution against ................. of ......................... in the county of ............... at the suit of ................. of ......................... in the county of .................... was by me, ......................... sheriff of the county of ......................... , on the .......... day of ............... 19 .... , levied on (here describe the premises); and whereas, on the ........ day of .............. 19 .... , all the estate, right, title, interest and property of said .................... in the premises aforesaid were by me, the said .................... sold at public auction for the satisfaction of such execution, to ......................... of .............................. in the county of ............... , who was the highest bidder, for the sum of ............... dollars, which the said ......................... has since fully paid to me;
Now, by force and virtue of the law in such cases made and provided, I, the said .............................. , in consideration of the sum of money paid unto me as aforesaid, do, by these presents, bargain, sell and assign, and set over unto the said .................... heirs and assigns forever, all the estate, right, title, interest, property and inheritance of the said .............................. in and to such premises and appurtenances at the time of the levy thereon (or of the attachment, as the case may be). To have and to hold such premises and appurtenances to the said .................... , heirs and assigns forever.
In witness, etc.
§ 2793 Form where attached on original writ
When such real estate was attached on the original writ, the officer shall insert in the deed of sale the time of such attachment and vary the deed accordingly.
§ 2794 Execution upon real estate; homestead a part
When an execution is levied upon real estate of which the debtor’s homestead is a part or upon that part of a homestead in excess of $125,000.00 in value, the location and boundaries of the homestead shall be ascertained before the sale and set out in the manner provided for the levy of execution upon real estate whereof a homestead forms a part.
(Amended 1967, No. 287 (Adj. Sess.), § 6, eff. July 1, 1968; 1995, No. 186 (Adj. Sess.), § 24f, eff. Jan. 1, 1997; 2013, No. 194 (Adj. Sess.), § 4, eff. June 17, 2014.)
§ 2795 When encumbered by mortgage
When a right of redemption in mortgaged lands is taken and sold on execution, the officer shall ascertain and state at the time of sale the value of the encumbrance, or the amount of the mortgage debt, when it can be ascertained, and state the same in his or her return on the execution.
§ 2796 Redemption—Bond; writ of possession; accounting by purchaser for rents and profits
When real estate is sold on execution, the debtor or person claiming under him or her may redeem the same at any time within six months from the date of such sale. He or she shall file a bond within 14 days after such sale with the clerk of the court or magistrate who issued such execution, to the purchaser, in a penal sum that the clerk or magistrate shall order, conditioned in case he or she does not redeem the property to pay the purchaser the fair rents and profits of such premises and commit no waste on the same, which bond shall be approved by the clerk or magistrate. When the debtor fails to file the bond as provided for in this section, the purchaser may have his or her writ of possession from the clerk or magistrate, and may enter and take possession and manage such real estate in a good husbandlike manner. If the defendant in such action shall redeem the same, the purchaser shall account for the fair value of the rents and profits thereof, until the same shall be redeemed.
(Amended 2017, No. 11, § 17.)
§ 2797 Rents, profits, and waste; appraisal; collection
When the parties cannot agree as to the value of the rents and profits under section 2796 of this title, either party may apply to the clerk of the court or magistrate who issued the execution, if he or she is in office and not disqualified and if not in office or if disqualified, to any other justice or to a district judge in the county where the land lies, who could lawfully judge between the parties. On notice to the other party, he or she shall appoint three disinterested freeholders resident in the town in which the land or the greater part thereof lies, to act as appraisers, to appraise such rents and profits. They shall be sworn to the faithful performance of their duties and shall, on notice to the parties, appraise the rents and profits of the premises and also determine if any waste has been committed thereon, and return their appraisal, including damages for waste, if any has been committed, to the clerk or magistrate who appointed them; and, if he or she accepts the same, it shall be final between the parties. When the defendant has given the bond and remained in possession, the amount so found due shall be recoverable in an action founded on the bond. If the purchaser has gone into possession, the damages shall be deducted from the money to redeem the same.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967.)
§ 2798 Redemption when purchaser in possession; bond; writ of possession when debtor remains in possession
When the purchaser has gone into possession and the debtor wishes to redeem the premises, he or she may tender to the purchaser the amount of the purchase money less the sum due for the rents and profits, with a bond in such sum as the clerk or magistrate shall adjudge reasonable, conditioned to pay what shall be found due the purchaser over the sum tendered and the rents and profits aforesaid, and may have immediate possession of the premises on the tender of the money and bond aforesaid. When the debtor gives his or her bond and remains in possession of the premises, the purchaser may have his or her writ of possession for such premises at the expiration of six months.
§ 2799 Costs
When the debtor fails to redeem such premises, the expenses of such appraisal of such rents, profits, and damages shall be paid by the debtor. When the purchaser has gone into possession of the land and the debtor redeems, if the court finds the tender sufficient, the debtor shall recover his or her costs. In case the tender is not sufficient, the costs shall be in the discretion of the clerk or magistrate who appointed the appraisers. The costs of the appraisal shall be the same as costs before a justice, and the clerk or magistrate may issue execution for the same. In case the debtor remains in possession and gives the bond before mentioned, the costs may be collected on such bond. The fees of the commissioners shall be the same as the appraisers in other cases under the statute.
§ 2800 Certificate of redemption
When the debtor redeems the premises, the clerk or magistrate shall give him or her a certificate of such redemption, at his or her expense, which, if recorded on the margin of the record of such sale, shall be full evidence that such land has been redeemed.
§ 2801 Levy on rents, issues, and profits—What may be taken
The rents, issues and profits of real estate leased for life or years or leased to a person, his or her heirs and assigns perpetually, or so long as the lessee, his or her heirs and assigns perform the services or render the rents reserved, may be taken on execution by a creditor of the person entitled to receive the same.
§ 2802 Officer to lodge copy in clerk’s office; notice to tenant
The officer levying an execution on the rents, issues, and profits mentioned in section 2801 of this title shall lodge in the office where by law a deed of the real estate yielding or paying such rents, issues, and profits is required to be recorded, a certified copy of the execution, stating that he or she is directed to levy the same on the rents, issues, and profits of the real estate, and designating such real estate as in attachment. Within ten days thereafter, he or she shall serve a written notice of such levy upon the tenant in possession of the described real estate, by delivering the same to him or her personally or leaving it at his or her last and usual place of abode.
§ 2803 Return of tenant
Within 15 days from the time he or she receives such notice, the tenant in possession shall make a written return under oath to such officer, stating therein the time for which he or she claims the right to hold such real estate, the amount of the rents, issues, and profits he or she yields or pays or has agreed to yield or pay the use thereof, to whom, when, and in what manner the same are payable and the amount, if any, then due.
§ 2804 Sale; notice; disposition of proceeds
After receiving such return, the officer may sell at public auction the debtor’s right, title, or interest to collect and receive such rents, issues, and profits, in whole or part satisfaction of such execution. Notice of the sale shall be given in the same time and manner and the sale made as sales of real estate on execution, except that the officer shall sell the right to collect and receive such rents, issues, and profits for the least time sufficient to satisfy such execution with costs. If the right to collect and receive the rents, issues, and profits for the full time they are payable does not sell for enough to satisfy the execution with costs, the officer shall return the same satisfied in part only.
§ 2805 Conveyance; tenant shall attorn
Within five days from such sale, if the purchase price thereof is not paid to the officer by the debtor or person claiming under him or her, such officer shall make, execute, acknowledge, and deliver to the purchaser a written instrument conveying the right to collect and receive the rents, issues, and profits of the designated real estate for the time sold, which shall operate as a full and complete conveyance and assignment to the purchaser, of the rents, issues, and profits due and to become due for the time for which the same were sold and as specified in such conveyance. The tenant in possession shall attorn to the purchaser, and yield and pay to him or her such rents, issues, and profits. On failure to do so, the purchaser may maintain, in his or her own name, any action against the tenant, either at law or in equity, that the judgment debtor might have maintained to collect the same, eject the tenant, or otherwise.
§ 2806 Redemption by debtor
At any time after such conveyance is executed to him or her, the debtor may pay the purchaser the purchase price with interest and all costs sustained by him or her, less the rents, issues, and profits he or she has received. Such purchaser’s right to collect and receive such rents, issues, and profits thereupon shall cease, and on request of the debtor and at his or her expense, the purchaser shall execute to him or her an instrument in writing, relinquishing, and surrendering all right to the subsequent rents, issues, and profits. When the time for which the right to collect and receive such rents, issues, and profits was sold, expires, or when the debtor pays the balance due as provided in this section, the purchaser, if in possession of the real estate, shall surrender the same to the person entitled thereto.
§ 2807 Failure of tenant to make return; sale; writ of possession
When the tenant in possession does not, within 15 days from the time he or she receives the notice specified in section 2802 of this title, make sworn return to the officer as therein required, such officer may sell the real estate so in possession of the tenant, or sufficient to satisfy the execution, as the property of the debtor, discharged from any right, title, or interest of such tenant therein, and as real estate may be sold under this chapter. The officer to whom a writ of possession is issued after such sale, by virtue thereof, may remove the tenant from such real estate and put the purchaser in possession.
§ 2808 Fraudulent conveyance of real estate—Application to Superior Court by levying creditors
When an execution has been levied upon real estate as provided in this chapter and any part of the same has been conveyed away or encumbered or is held in fraud of the levying creditor’s rights, he or she may maintain an action in the Superior Court for the satisfaction of his or her execution out of the real estate so conveyed or held, by a sale thereof, or otherwise, under the order of such court. Any number of creditors, though severally interested, may join in such action.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 2809 Proceedings to extend lien
Within the five months during which real estate is held to satisfy an execution levied upon the same, the creditor shall cause a copy of his or her complaint, attested by the officer serving the same, to be recorded in the same office where the certified copy of the execution has been recorded. Such five months shall thereupon be extended until the end of such action, subject to the orders and decrees of the court therein.
§ 2810 Record of decree
A copy of the final decree in the cause, certified by the clerk of the court, shall be recorded within 30 days from its rendition in the office where by law a deed of such real estate is required to be recorded.
Chapter 113 Judgment Lien
§ 2901 Creation of judgment lien
A final judgment issued in a civil action or a restitution order entered under 13 V.S.A. § 7043 shall constitute a lien on any real property of a judgment debtor if recorded as provided in this chapter.
(Added 1979, No. 67, § 3, eff. date, see note set out below; amended 2007, No. 40, § 1.)
§ 2902 Relation to other remedies
The lien created by this chapter shall be in addition to and separate from any other remedy or interest created by law or contract. Any judgment lien filed on real property which has been attached in the suit in which the judgment is rendered shall relate back to the date of attachment if the judgment is recorded within 60 days after it becomes final.
(Added 1979, No. 67, § 3, eff. date, see note set out below.)
§ 2903 Duration and effectiveness
(a) A judgment lien shall be effective for eight years from the issuance of a final judgment on which it is based except that an action to foreclose the judgment lien during the eight-year period shall extend the period until the termination of the foreclosure suit if a copy of the complaint is filed in the land records on or before eight years from the issuance of the final judgment.
(b) A judgment that is renewed or revived pursuant to section 506 of this title shall constitute a lien on real property for eight years from the issuance of the renewed or revived judgment if recorded in accordance with this chapter. The renewed or revived judgment shall relate back to the date on which the original lien was first recorded if a copy of the complaint to renew the judgment was recorded in the land records where the property lies within eight years after the rendition of the judgment, and the renewed or revived judgment is subsequently recorded in accordance with this chapter.
(c) Interest on a judgment lien shall accrue at the rate of 12 percent per annum.
(d) If a judgment lien is not satisfied within 30 days of recording, it may be foreclosed and redeemed as provided in this title and V.R.C.P. 80.1. Unless the court finds that as of the date of foreclosure the amount of the outstanding debt exceeds the value of the real property being foreclosed, chapter 172 of this title shall apply to foreclosure of a judgment lien.
(Added 1979, No. 67, § 3, eff. date, see note set out below; amended 1979, No. 173 (Adj. Sess.), § 26, eff. April 30, 1980; 2009, No. 132 (Adj. Sess.), § 9, eff. May 29, 2010; 2011, No. 102 (Adj. Sess.), § 4, eff. May 5, 2012; 2019, No. 167 (Adj. Sess.), § 10, eff. October 7, 2020.)
§ 2904 Recording
A judgment creditor may record a judgment lien at any time within eight years from the date the judgment becomes final in the town clerk’s office of any town where real property of the debtor is located. Recording shall consist of filing a copy of the judgment with date when it became final, certified by the clerk of the court issuing the judgment. The certification shall be recorded by the town clerk in the land records.
(Added 1979, No. 67, § 3, eff. date, see note set out below.)
§ 2905 Discharge of judgment lien
A judgment lien shall be discharged in the same manner as a mortgage pursuant to 27 V.S.A. chapter 5. The obligation to discharge and liability for breach of that obligation shall be as provided in 27 V.S.A. § 464.
(Added 1979, No. 67, § 3, eff. date, see note set out below.)
Chapter 121 Trustee Process
Subchapter 1 Generally; Actions in Which Available; Persons and Property Subject to Trustee Process
§ 3011 Actions
Trustee process may be used in any civil action commenced in a Superior Court except in actions for malicious prosecution, libel, slander, or alienation of affections.
(Amended 1971, No. 185 (Adj. Sess.), § 77, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 19, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 77.)
§ 3012 Tort actions; arrest
(a) [Repealed.]
(b) A person against whom an action of tort is commenced by trustee process shall not be arrested or imprisoned on an execution issued on a judgment recovered in such action until final entry has been made with respect to all persons summoned as trustees, and until any judgment entered against any trustee has been satisfied or an execution issued thereon has been returned unsatisfied. However, execution against the body of the principal defendant may be issued within a year and a day after the latest final entry with respect to any person summoned as trustee.
(Amended 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.)
§ 3013 Who may be summoned as trustee generally; property subject to process
A person or corporation, or the State of Vermont by service of process upon the State Treasurer, may be summoned as a trustee of the defendant. The goods, effects, or credits of the defendant which are in the hands of such trustee at the time of the service of the writ upon the trustee, or which come into the trustee’s hands or possession before disclosure, shall thereby be attached and held to respond to final judgment in the cause, except as hereinafter provided. Notwithstanding the foregoing, the State of Vermont may not be summoned as a trustee of the defendant for any tax refunds, credits, or rebates due the defendant under Title 32.
(Amended 1991, No. 186 (Adj. Sess.), § 33, eff. May 7, 1992.)
§ 3014 Maker or indorser of negotiable paper; exemptions
Negotiable paper may be attached by and the same shall be subject to the operation of the trustee process, unless the same had been negotiated and notice thereof given to the maker or indorser before the service of the trustee process on him or her. Negotiable paper, actually assigned, negotiated, and transferred, before it becomes due, to a bank, savings bank, savings institution, trust company, or insurance company, in the State, shall be exempt from attachment by trustee process.
§ 3015 Executor or administrator
A debt or legacy due from an executor or administrator, and other goods, effects, or credits in his or her hands, may be attached by trustee process.
§ 3016 Nonresidents summoned as trustees
A person shall not be summoned as a trustee, unless at the time of the service of the writ he or she resides in the State. However, debts due and owing from a person resident outside the State, or from a number of persons, part or all of whom reside outside the State, having an authorized agent resident in the State, may be attached and holden by trustee process. Service of such process upon such agent as provided for in service of writs of summons, shall be sufficient notice to such trustees as reside outside the State.
§ 3017 Foreign railroad corporations as trustees
A foreign railroad corporation, operating a railroad in whole or in part within this State, may be summoned as a trustee of a person to whom such corporation is indebted, in an action brought to recover a debt contracted within this State. Service of process in such cause may be made as provided in section 3016 of this title.
§ 3018 Debts absolutely due, but not payable
Any money or other thing due the defendant may be attached by trustee process before it has become payable, provided it is due absolutely and without contingency. The trustee shall not be compelled to pay or deliver it before the time fixed by the contract.
§ 3019 Debts contingent; judgment subject to execution
A person shall not be adjudged a trustee by reason of any money or other thing due from him or her to the principal defendant, unless it is due absolutely and without contingency at the time of the service of the writ upon him or her, or by reason of a debt due from him on a judgment, so long as he or she is liable to an execution on the judgment.
§ 3020 Exemptions from trustee process generally
The following named bodies corporate and persons shall not be liable or chargeable on trustee process:
(1) A fire insurance company on account of a sum due from such company to the defendant in consequence of loss by fire of property exempt from attachment and execution;
(2) A life insurance company by reason of having in its hands money not exceeding $500.00 due or payable under a policy of life insurance;
(3) A person having in his or her hands monies due or belonging to the debtor, as his or her debenture as a member or officer of the General Assembly or as a petit or grand juror attending Superior Court;
(4) A member of the General Assembly or officer of the State required to attend upon the General Assembly or to report thereto, upon a contract, express or implied, for board and lodging furnished to him or her by the principal debtor while attending the session of the General Assembly;
(5) [Repealed.]
(6) A person indebted for the services of a minor or married woman in an action against the parent of such minor or the husband of such married woman;
(7) A corporation by reason of any money due from it to a person residing outside the State for services rendered outside the State, provided a like sum of money so due would be exempt from attachment by trustee process in the state where such person resides.
(8) A person or corporation having in his, her, or its possession any goods, effects, or credits of a municipality, in any action or suit against such municipality as principal debtor or defendant.
(Amended 1966, No. 8 (Sp. Sess.); 1969, No. 87, eff. April 18, 1969; 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 3021 Debts reduced by sums owing defendant’s workmen
In all cases where a principal defendant is indebted to other persons for work done in the performance of a contract out of which the trustee’s indebtedness arises, there shall be exempt from the trustee process, on an action brought for the recovery of debts not incurred as above stated, such sum or sums as may be due from the principal defendant to such other persons for work done in the prosecution of such contract. The principal defendant shall cause to be summoned as claimants before the court in which an action so brought is pending, all such other persons to whom he or she is indebted for work so done.
§ 3022 Assignment of future earnings; validity as against trustee process; recording
An assignment of future earnings shall not be valid against trustee process unless executed in writing and made to secure a debt of an amount therein stated, contracted prior to or simultaneously with the execution of the assignment, or a debt for necessaries to be thereafter furnished to the debtor to the amount therein stated. The assignment shall not be valid as to the trustee process unless it is recorded, before the service of the writ upon the alleged trustee, as follows:
(1) In the office of the clerk of the town wherein the assignor resides, if he or she is a resident of this State, otherwise in the office of the clerk of the town wherein the employer of such assignor resides; or
(2) In the office of the clerk of the town wherein the principal place of business of such employer is located, if such assignor is a nonresident and his or her employer is a resident corporation, partnership, or association; or
(3) In the office of the Secretary of State, if the assignor is a nonresident and his or her employer is a nonresident individual, corporation, partnership, or association, authorized to do business in this State.
§ 3023 Proceeds of property exempt from attachment
Except as herein otherwise provided, a person shall not be liable on trustee process on account of a sum due or owing to the principal debtor for property sold or conveyed or delivered by him or her, which was exempt from attachment and execution at the time of the sale. If at the time the trustee process was commenced, the principal debtor was the owner of other property exempt from attachment and execution and of the same kind as that sold by him or her to the trustee, so far as such other property was free from encumbrance for the purchase money, the provisions of this section shall not apply.
§ 3024 Debt for property in part exempt
When the sum due or owing to the principal debtor is in part for property exempt from attachment and execution and in part for property not so exempt, the sum exempt from attachment by the trustee process shall be the value of the property so exempt from attachment and execution.
§ 3025 Proceeds of exempt property held for taxes
Sections 3023 and 3024 of this title shall not apply to a trustee process instituted for the collection of taxes.
Subchapter 2 Procedure on Trustee Process
§§ 3051-3059 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3060 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 3061 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3062 Default of trustee—Adjudgment as trustee
When a person summoned as trustee does not serve his or her disclosure within such time as the Supreme Court may by rule provide, he or she shall be defaulted and adjudged a trustee.
(Amended 1971, No. 185 (Adj. Sess.), § 79, eff. March 29, 1972.)
§ 3063 Amount of judgment; execution
When a person is adjudged trustee by default, the judgment shall be for the amount of damages and costs recovered by the plaintiff in the action, and payable in money at the time the judgment is rendered against the principal defendant. Execution therefor may issue directly against the goods, chattels, or estate of the trustee.
§ 3064 Sworn disclosure; general denial; examination; discharge
When an alleged trustee serves his or her written disclosure under oath declaring that he or she had not at the time of the service of the summons, nor has since had in his or her hands or possession any goods, effects, or credits of the defendant, and submits himself or herself thereupon to examination upon oath, he or she shall be discharged if the plaintiff should decline to examine him or her, or if his or her disclosure appears to be true upon examination and further proceedings. If the plaintiff examines the alleged trustee thereon, he or she shall propose interrogatories in writing, which shall be answered in writing, signed by the trustee, and sworn to by him or her in open court or before a person authorized by law to administer oaths.
(Amended 1971, No. 185 (Adj. Sess.), § 80, eff. March 29, 1972.)
§ 3065 Admission; statement of facts
When an alleged trustee serves his or her written disclosure under oath admitting that he or she has in his or her hands or possession goods, effects, or credits of the defendant, or referring that question to the court upon the facts, his or her disclosure may set forth such facts as he or she deems material, and he or she may submit himself or herself thereupon to a further examination on oath. The plaintiff may propose interrogatories in writing, to be answered as provided in section 3064 of this title.
(Amended 1971, No. 185 (Adj. Sess.), § 81, eff. March 29, 1972.)
§ 3066 Answers and statements of trustee not conclusive
The answers and statements sworn to by a person summoned as trustee shall not be conclusive in deciding how far he or she is chargeable, but either party may allege and prove facts material to that issue.
§ 3067 Trial of issues by jury or court
Questions of fact arising upon such additional allegations may be tried by the court, or in the discretion of the court, may be submitted to a jury in such manner as the court directs, in cases where a commissioner has not been appointed.
§ 3068 Disclosure before judge in Superior Court action
A person summoned to appear before the Superior Court as trustee may appear before a Superior judge, competent to try causes between the parties, and with the consent of the parties, certified by such judge, make his or her written disclosure, upon oath. On its being filed with the clerk of the court, such trustee shall not be required to appear before the court, except for the purpose of explaining or correcting his or her disclosure, and the same proceedings shall be had as if taken in Superior Court.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 20, eff. April 9, 1974.)
§ 3069 Corporations summoned as trustees
A corporation may appear by its cashier, treasurer, clerk, or such officer as it appoints, or as the court requires. The answer, disclosure, and examination on oath of such officers shall be received as the answer, disclosure, and examination of the corporation.
§ 3070 Commissioners—Appointment
When a person summoned as trustee in Superior Court appears and files a disclosure denying his or her liability, or submits such question to the court upon a statement of facts, the court in its discretion may, or upon application of the plaintiff, trustee, or claimant shall, appoint one or more commissioners, who shall hear the testimony adduced by the parties as to the trustee’s liability or the right of the claimant, determine questions with reference thereto, and report to the court the facts with their decision thereon.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 3071 Powers and duties of commissioner
A commissioner may summon the trustee to appear before him or her and make disclosure; and if, after reasonable notice from the commissioner, he or she does not appear, or, appearing, does not make disclosure, the commissioner shall report the fact to the court. Thereupon, unless cause is shown to the contrary, the court shall render judgment as in case of default against the trustee. When the trustee appears before the commissioner and does not answer the interrogatories proposed by the plaintiff or commissioner, such failure to answer, relative to the particular matter to which such answer is required, shall be taken against him or her.
§ 3072 Taking and return of disclosure
The commissioner shall take the disclosure of the trustee in writing, and certify and return the same to the court with his or her report.
§ 3073 Judgment on disclosure and commissioner’s report
When the commissioner has returned to the court the disclosure of the trustee, with the report of the facts and his or her decision thereon, if cause is not shown to the contrary, judgment with costs shall be rendered on such report according to the rights of the parties.
§ 3074 Disclosure not evidence in a prosecution
The disclosure upon oath of a trustee in any action in which he or she is summoned shall not be used as evidence to prove any fact therein stated, in a prosecution against him or her for a crime or penalty.
§ 3075 Value less than $10.00; discharge of trustee; costs
When the goods, effects, and credits in the hands of the trustee do not exceed $10.00 in value, the trustee shall be discharged with costs against the plaintiff. The provision of this section shall not affect a trustee process for the collection of taxes.
§ 3076 Trustee liable only for balance due
A trustee may deduct from the goods, effects, and credits in his or her hands his or her demands against the defendant founded on contract, express or implied, and shall be liable for the balance only after such demands are adjusted.
§ 3077 Payments by trustee after service
When, after service on the trustee but before he or she has knowledge thereof, he or she, in good faith, makes payment or becomes liable to a third person on account of the goods, effects, or credits in his or her hands or delivers the same to the defendant or to any other person entitled thereto, he or she shall be allowed therefor as if the payment or delivery had been made or the liability incurred, before the service of the process on him or her.
§ 3078 Judgment on money demands—Amount; when payable
When a person is adjudged trustee on account of money due to the defendant at a future day, the court shall determine the amount which the trustee shall pay on the judgment and the time when the same shall be paid.
§ 3079 Liability of trustee on failure to pay
When the trustee does not pay such sum by the time specified, when required by the officer serving the execution, he or she shall be liable to the plaintiff for the same with interest in an action of contract on this statute.
§ 3080 Execution against trustee
When a person is adjudged trustee on account of money due the defendant at the time judgment is rendered, the court shall determine the amount which the trustee shall pay on such judgment, and execution may issue directly against the goods, chattels, or estate of the trustee for the same. When execution issues against the defendant, the amount of the judgment against the trustee shall be certified thereon.
§ 3081 Judgment against trustee; effect on defendant’s demand
The judgment against a person as trustee shall discharge him or her from demands by the defendant for goods, effects, and credits paid, delivered or accounted for by the trustee, by force of the judgment; and if he or she is afterwards sued therefor by the defendant or his or her representatives, the judgment shall constitute a defense.
(Amended 1971, No. 185 (Adj. Sess.), § 82, eff. March 29, 1972.)
§ 3082 Discharge of trustee; effect on defendant’s demand
When a person summoned as trustee is discharged, the judgment shall not be a bar to an action brought against him or her by the defendant for the same demand.
§ 3083 Costs—Allowed to trustee
When a person summoned as trustee appears and submits to examination upon oath, he or she shall be allowed his or her costs for travel and attendance, and such further sum as the court deems reasonable for his or her counsel fees and other necessary expenses.
§ 3084 Retention out of funds in trustee’s hands
When a person is adjudged a trustee, his or her costs and charges shall be retained out of the goods, effects, and credits in his or her hands, and he or she shall be chargeable on execution for the balance.
§ 3085 Retention of property until costs paid
When a person is adjudged trustee on account of specific articles of personal property, he or she shall not be obliged to deliver the same to the officer serving the execution until his or her costs and charges are fully paid or tendered.
§ 3086 Judgment for costs of discharged trustee
When the trustee is discharged, he or she shall recover judgment against the plaintiff for his or her costs and charges and have execution therefor.
§ 3087 Repealed
[Repealed]
(Amended 1971, No. 185 (Adj. Sess.), § 83, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; No. 249 (Adj. Sess.), § 21, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 78; repealed by 2023, No. 161 (Adj. Sess.), § 5, eff. June 6, 2024.)
§ 3088 Plaintiff’s costs not to exceed damages
The plaintiff in a trustee process shall not recover a greater sum for costs, including costs allowed to the trustee, than the amount of damages recovered.
Subchapter 3 Particular Proceedings
§ 3121 Specific property—Delivery to officer; sale; application of proceeds
When a person is charged as trustee by reason of personal property, other than money, which he or she holds or is bound to deliver to the defendant, he or she shall deliver the same, or so much thereof as is necessary, to the officer who holds the execution, and it shall be sold and the proceeds thereof applied and accounted for as if taken on execution in common form.
§ 3122 Value as between trustee and defendant
The value of such personal property so delivered shall be ascertained, as between the trustee and defendant, as if it had been delivered to the defendant. Upon the application of either party, the court may determine such value and make an order as to such property and the expense of keeping and delivering the same, proper to protect the rights of the trustee and the defendant.
§ 3123 Contract as to delivery; tender
A person summoned as trustee, who has contracted to deliver specific personal property to the defendant at a certain time and place, shall not be compelled thereby to deliver it at any other time or place. He or she may tender it at the time and place mentioned in the contract, and shall retain possession thereof, subject to the order of the court in the trustee process, unless he or she has been previously adjudged a trustee on account thereof.
§ 3124 Delivery of tendered property to officer
The property so tendered shall be held to respond to the judgment in the trustee process as if the same had been attached, and the trustee shall deliver it to the officer holding the execution, on receiving a reasonable compensation for keeping the same after such tender. The tender shall have the same effect as if it had been made to the defendant and he or she had refused to receive the property.
§ 3125 Payment of trustee’s claim by creditor
When it appears that personal property in the hands of a person summoned as a trustee is mortgaged, pledged, or liable for the payment of a debt due to him or her, the court may allow the attaching creditor to pay or tender the amount due to the trustee, and he or she shall thereupon deliver such property, as provided in this subchapter, to the officer holding the execution.
(Amended 2018, No. 8 (Sp. Sess.), § 5, eff. June 28, 2018.)
§ 3126 Performance of contract or condition by creditor
When such property is held for a purpose other than to secure the payment of money, and the contract, condition, or other thing to be performed is such as can be performed by the attaching creditor without damage to the other parties, the court may order the performance thereof by him or her. Upon such performance or tender thereof, the trustee shall deliver the property, as hereinbefore provided, to the officer holding the execution.
§ 3127 Reimbursement of creditor from proceeds of sale
Personal property received by the officer under sections 3124-3126 of this title shall be sold as if it had been taken on execution in the common form, except that out of the proceeds of the sale the officer shall repay to the attaching creditor the amount paid by him or her to the trustee for keeping or redeeming the same, with interest thereon, or shall indemnify the creditor for such other act or thing as he or she has done pursuant to the order of the court for the redemption of such property.
§ 3128 Disposal of property by trustee before payment or tender
The provisions of this chapter shall not prevent the trustee from selling personal property in his or her hands for the payment of the demand for which it is mortgaged, pledged, or otherwise liable, before the amount due him or her is paid or tendered, as before provided, if such sale is authorized by the terms of the contract between him or her and the defendant.
§ 3129 Trustee’s liability on refusal to deliver property
When a trustee does not deliver personal property in his or her hands, when lawfully required by the officer serving the execution, he or she shall be liable to the plaintiff in the action for the value thereof, after deducting the amount, if any, of his or her lien, to be recovered in an action of tort on this statute.
§ 3130 Trustee not liable for destruction of property without his or her fault
When a person is adjudged a trustee on account of personal property in his or her hands, and the same is destroyed without his or her negligence or default after the judgment and before demand therefor by the officer holding the execution, the trustee shall be discharged from liability to the plaintiff for not delivering the same. When a suit is commenced against him or her for not delivering the property, the destruction shall constitute a defense.
(Amended 1971, No. 185 (Adj. Sess.), § 84, eff. March 29, 1972.)
§ 3131 Defense of trustee sued for not delivering property
If a trustee is sued for not delivering to the officer personal property in his or her hands, any matter of discharge occurring after he or she was adjudged trustee shall constitute a defense, if that matter would be a good discharge in an action brought against a sheriff if he or she had attached the property.
(Amended 1971, No. 185 (Adj. Sess.), § 85, eff. March 29, 1972.)
§ 3132 Claims of third persons—Appearance; notice
When it appears that goods, effects, or credits in the hands of an alleged trustee are claimed by another person, the court may permit such claimant to appear and maintain his or her right. If he or she does not appear, notice for that purpose may be issued and served on him or her in such manner as the court directs.
§ 3133 Third person as party; recognizance; trial of title
When the claimant appears, he or she may be admitted as party to the action for the purpose of maintaining his or her title to the goods, effects, or credits in question, and the title shall be tried and determined in the same manner as the liability of the trustee.
(Amended 1971, No. 185 (Adj. Sess.), § 86, eff. March 29, 1972.)
§ 3134 Costs
When such claimant is so admitted, the court, in its discretion, may award costs between such claimant and the attaching creditor and the alleged trustee, or either such creditor or trustee, as justice may require.
§ 3135 Death of trustee—Attachment not discharged; liability of representative
When a person summoned as trustee in his or her own right dies before the judgment recovered by the plaintiff is satisfied, the goods, effects, and credits in his or her hands at the time of the attachment shall remain bound thereby, and his or her executor or administrator shall be liable therefor, as if the process had been originally served on him or her.
§ 3136 Representative may appear or be cited
When the person so summoned dies before judgment in the original action, his or her executor or administrator may appear voluntarily or may be cited to appear, and the proceedings shall then be conducted as if the executor or administrator, in that capacity, had been originally summoned as trustee, except that the examination of the deceased, if any had been taken, shall have the same effect as if he or she were living.
§ 3137 Default for nonappearance after notice
When, after notice, such executor or administrator does not appear, the plaintiff may take judgment against him or her by default, as if he or she had been summoned as trustee by an original process.
§ 3138 Representative to pay on execution if trustee dies after judgment
When the person originally summoned as trustee dies after judgment in the original action, his or her executor or administrator shall pay on the execution such sum as he or she would have been required to pay, if the amount for which such deceased person was adjudged trustee had been a legal debt against his or her estate.
§ 3139 Plaintiff’s remedy when representative does not pay
When an executor or administrator does not deliver or pay on execution what he or she is required by the provisions of this chapter to deliver or pay, the plaintiff in the trustee process shall have the same remedy against him or her, or upon his or her administration bond, as the defendant in the trustee process would have had.
§ 3140 Pending action against trustee—Action to proceed; continuance for judgment
When the defendant is summoned as trustee of the plaintiff, during the pendency of an action, the first action may proceed so far as to ascertain by a verdict, award, or otherwise, what sum is due from the defendant. Such action shall not be delayed by the trustee process unless the court, for cause shown, continues the same for judgment until the termination of such trustee process or until the trustee is discharged.
§ 3141 Application for continuance; effect of denial
On application of the plaintiff in the trustee process the court may continue the first action on reasonable terms. If such action is not continued and judgment is rendered against the defendant, he or she shall not afterwards be adjudged a trustee on account of the demand so recovered against him or her, while he or she is liable to an execution on such judgment.
§ 3142 Payment made on judgment in trustee action allowed
When, before final judgment in the first action, the defendant therein is adjudged a trustee in the other and pays thereon the money demanded in the first action, or a part thereof, the fact shall be stated on the record of such action, and judgment shall be rendered thereon for the costs due to the plaintiff, and for such part of the debt or damages as remains due and unpaid.
§ 3143 Fraudulent conveyance and assignment—Trustee with title void as to creditors; examination
When a person summoned as a trustee has in his or her possession goods, effects, or credits of the defendant, which he or she holds by a conveyance or title void as to the creditors of the defendant, he or she may be adjudged a trustee on account thereof, although the defendant could not have maintained an action therefor against him or her; and, in its discretion, the court may order a person so summoned to appear personally before the court and submit to an oral examination.
§ 3144 Execution against trustee; arrest
An execution shall issue against the goods, chattels, or estate of the trustee, unless the court, upon motion and hearing, finds that the trustee did not act in good faith in taking the conveyance or title. If the court so finds, a certificate thereof shall be indorsed by the clerk upon the writ of execution, and the writ shall be directed against the body, as well as the goods, chattels, or estate of the trustee.
(Amended 1971, No. 185 (Adj. Sess.), § 87, eff. March 29, 1972.)
§ 3145 Validity of sale or assignment may be inquired into
When it appears that a trustee had been notified of the sale or assignment of a demand for which he or she would otherwise be adjudged trustee, either of the parties to the trustee process may raise the question of the validity of such sale or assignment, and the person giving notice to the trustee may be summoned as a witness and compelled to testify to the consideration upon which such sale or assignment was made. When it is found upon the evidence that such sale or assignment was not made in good faith, the trustee shall be adjudged liable as though the pretended sale or assignment had not been made.
§ 3146 Mortgagor of personal property summoned as trustee of mortgagee—Mortgagee defined
The word “mortgagee” as used in sections 3147-3152 of this title shall be construed to mean the mortgagee, assignee of the mortgagee, or other person holding his or her interest.
§ 3147 Attachment of mortgagee’s interest
When a mortgagor of personal property is summoned as trustee of the mortgagee, the plaintiff may direct the officer serving the writ to attach the mortgagee’s interest in such property. The officer when so directed shall attach such interest by leaving a copy of the writ in the town clerk’s office where the mortgage is recorded, with his or her return thereon describing the property and the interest of the mortgagee therein. The town clerk shall enter upon the margin of the record of such mortgage, a statement that the interest of the mortgagee is attached, and make such other record and entry as is required by law to be made where property is attached by copy.
§ 3148 Held to satisfy execution against trustee
The property so attached shall be holden to satisfy any execution issuing upon or in action on a judgment rendered against the trustee in the original action, in the same manner and to the same extent that property attached as the property of the defendant in an action and taken into the actual possession of the officer making the attachment is held to satisfy an execution against such defendant.
§ 3149 Mortgagee not to sell attached property
The mortgagee whose interest is so attached shall not sell or dispose of such property while the attachment is in force or while the liability of the trustee is undetermined or continues.
§ 3150 Purchaser’s title in property sold on execution
Property so attached may be sold upon an execution issuing by reason of a judgment rendered against the trustee, either in the original action or in an action on a judgment rendered in the original action, and the title and interest of the mortgagor, mortgagee, or other person to and in such property shall pass to the purchaser of the property as such sale.
§ 3151 Trustee may file bond and sell property
When such action is pending in the Supreme or Superior Court, the trustee may sell the property, and the purchaser shall hold the same released from the mortgage and attachment, if such trustee files with the clerk of the court:
(1) a bond to the plaintiff in a sum equal to the amount for which attachment is directed in the writ, with sufficient sureties, approved by such clerk or judge, conditioned that such trustee will pay the judgment rendered against him or her in the action; and
(2) a bond to the defendant in a penal sum double the amount of the mortgage debt, with sureties approved as aforesaid, conditioned that he or she will pay the balance due upon the mortgage after paying such judgment and that, if discharged as trustee, he or she will pay the amount secured by the mortgage.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 79.)
§ 3152 Mortgagee may file bond and release property
When such action is pending in such a court, the trustees shall be discharged and the attachment dissolved if the mortgagee, in the manner provided in section 3151 of this title, files a bond in a sum equal to the amount for which attachment is directed in the writ, with sufficient sureties approved by such clerk or judge, conditioned that he or she will pay the judgment that may be rendered against him or her.
§ 3153 Action by assignee of negotiable paper after judgment against maker—Pleading judgment in bar; citation of plaintiff in trustee action
When a person is held as trustee upon a negotiable paper in an action in which a claimant does not appear or is not cited in, and an action is afterwards brought against the trustee upon such paper by an assignee thereof, the trustee may plead the former judgment against himself or herself in bar. The court shall thereupon issue a citation, and such assignee shall cause it to be served on the plaintiff in the trustee process or his or her attorney of record.
§ 3154 Court to decide to whom judgment belongs
The court shall try the action upon such negotiable paper between the assignee and plaintiff in the trustee process, as though the assignee had been cited to appear as claimant in such process. The judgment in such action against the trustee shall not be conclusive of the rights of the assignee and of such plaintiff, but the court shall decide to which of the parties such judgment belongs.
§ 3155 Proceedings if judgment belongs to assignee
When the court decides in favor of the assignee, it shall adjudge such judgment against the trustee to be the property of the assignee, and it may be enforced by him or her at his or her expense in the name of the plaintiff in the first action, if it has not been previously paid. When the trustee has paid it in whole or in part to the plaintiff in the trustee process, the assignee shall have judgment against such plaintiff for the sum so paid, and may enforce against the trustee any part of the judgment not paid.
§ 3156 Mode of trial; costs
Either party may have the facts tried by jury or commissioner, as in other causes. Costs shall be allowed between the parties as the court deems just.
§§ 3157-3164 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 3165 Repealed
[Repealed]
1979, No. 67, § 9, eff. date, see note set out below.
§ 3166 Compensation assignments, employer acceptance required
(a) If the compensation of a person due him or her for work and labor performed is attached under this chapter, the employer of the person shall, upon the request of the employee, accept a compensation assignment in an amount not in excess of 10 percent of the employee’s compensation, payable to the attaching creditor or his or her agent.
(b) If the employer fails to accept the assignment within 10 days from the date that it is presented to him or her, he or she shall be liable to the creditor in the same manner as if the assignment had been formally accepted.
(Added 1967, No. 323 (Adj. Sess.), § 2, eff. March 22, 1968.)
§ 3167 Enforcement of money judgments; trustee process against earnings
Trustee process against earnings may not be used in connection with the enforcement of a money judgment in any civil action until the judgment becomes final, and then only in accordance with sections 3168-3171 of this title.
(Added 1979, No. 67, § 2, eff. date, see note set out below.)
§ 3168 Motion for issuance of trustee process; scheduling and notice of hearing
(a) Whenever a judgment debtor has neglected or refused to pay or make reasonable arrangements to pay a money judgment in any civil action, the judgment creditor may move the court which rendered the judgment to issue trustee process against the earnings of the judgment debtor. The motion shall describe in detail the grounds for requesting issuance of trustee process, the amount of judgment alleged to be unpaid, and the source of earnings of the judgment debtor.
(b) Upon receipt of the motion of the judgment creditor, the court shall give notice thereof to the trustee and to the judgment debtor as provided by Rule 4.2 of the Rules of Civil Procedure and shall hold a hearing on the motion.
(Added 1979, No. 67, § 2, eff. date, see note set out below.)
§ 3169 Hearing on motion; findings; order
(a) At the hearing on the motion the court shall determine on the basis of the motion and any affidavit of the judgment creditor, the record in the civil action and any testimony offered by either party, and by the trustee whether the judgment debtor has neglected or refused to pay or make reasonable arrangements to pay the money judgment in question. If the court so finds, it shall also determine:
(1) the amount of the judgment unpaid;
(2) the amount of the judgment debtor’s weekly disposable earnings;
(3) whether the judgment debtor has been a recipient of assistance from the Vermont Department for Children and Families or the Department of Vermont Health Access within the two months preceding the date of the hearing; and
(4) the weekly expenses reasonably incurred for maintenance of the debtor and dependents, and it shall enter an order approving the issuance of trustee process against earnings in accordance with, and subject to the provisions of section 3170 of this title.
(b) For the purposes of sections 3167-3172 of this title:
(1) The term “earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
(2) The term “earnings” also means proceeds from the sale of milk with respect to an individual engaged in the occupation of dairy farming.
(3) The term “disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
(Added 1979, No. 67, § 2, eff. date, see note set out below; amended 1981, No. 58; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 17; 2009, No. 156 (Adj. Sess.), § I.16.)
§ 3170 Exemptions; issuance of order
(a) No order approving the issuance of trustee process against earnings shall be entered against a judgment debtor who was, within the two-month period preceding the hearing provided in section 3169 of this title, a recipient of assistance from the Vermont Department for Children and Families or the Department of Vermont Health Access. The judgment debtor must establish this exemption at the time of hearing.
(b) The earnings of a judgment debtor shall be exempt as follows:
(1) 75 percent of the debtor’s weekly disposable earnings, or 30 times the federal minimum hourly wage, whichever is greater; or
(2) if the judgment debt arose from a consumer credit transaction, as that term is defined by 15 U.S.C. § 1602 and implementing regulations of the Federal Reserve Board, 85 percent of the debtor’s weekly disposable earnings, or 40 times the federal minimum hourly wage, whichever is greater; or
(3) if the court finds that the weekly expenses reasonably incurred by the debtor for his or her maintenance and that of dependents exceed the amounts exempted by subdivisions (1) and (2) of this subsection, such greater amount of earnings as the court shall order.
(c) After hearing, the court shall enter an appropriate order, which may provide for repetitive withholding from earnings, and which may, upon motion, be modified from time to time. The order shall state that section 3172 of this title prohibits discharge of the employee subject to the order because of the exercise of trustee process against the employee.
(d) Any waiver of the provisions of subsection (b) of this section shall be void.
(Added 1979, No. 67, § 2, eff. date, see note set out below; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 18; 2009, No. 156 (Adj. Sess.), § I.17.)
§ 3171 Service of order; liability of trustee
(a) The order shall be served on the trustee at the request of the judgment creditor, and shall state the address of the judgment creditor to which amounts withheld are to be delivered, and the following warnings:
(1) no employee may be discharged from employment on account of trustee process issued against earnings;
(2) failure to withhold and deliver non-exempt earnings as directed herein may make you liable to the judgment creditor for the amounts you fail to withhold and deliver together with any costs, interest, and reasonable attorneys’ fees incurred in their collection.
(b) Any employer who fails to honor the order of the court shall be liable to the judgment creditor in the amounts that employer has failed to withhold and deliver together with any costs, interest, and reasonable attorneys’ fees incurred in their collection. The judgment debtor shall have no additional liability for those costs, interest, or attorneys’ fees.
(c) As soon as reasonably practicable, the trustee shall notify the court and the judgment creditor of termination of the judgment debtor’s employment.
(d) Upon full satisfaction or payment of the debt upon which the judgment is based, the judgment creditor forthwith shall notify the employer of the judgment debtor, in writing, and the employer shall thereafter cease withholding from the earnings of the judgment debtor.
(Added 1979, No. 67, § 2, eff. date, see note set out below.)
§ 3172 Employee protected
No employee may be discharged from employment on account of trustee process issued to an employer against earnings. Discharge of an employee from employment within 60 days of service of a trustee process summons upon an employer shall be rebuttably presumed to be on account of the issuance of trustee process. Any employee discharged in violation of this section may sue in Superior Court for reinstatement of employment, back wages, and damages and, if that employee prevails, the court shall award costs and may award reasonable attorneys’ fees to the employee.
(Added 1979, No. 67, § 2, eff. date, see note set out below.)
Chapter 123 Attachment of Property
Subchapter 1 Attachment Generally
§ 3221 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 2 Attachment of Personal Property
§ 3251 Attachment or levy of execution by filing
When personal property is taken upon a writ of attachment or execution, the officer serving such process may lodge a copy of the same, with his or her return, in the office or offices proper for the filing of a financing statement to perfect a security interest in such property under 9A V.S.A. § 9-401. Such lodgment shall hold the property against all subsequent sales, attachments, or executions as if it had been actually removed and taken into the possession of the officer, and different officers thereafter may serve in like manner other writs of attachment or execution so as to create a valid subordinate lien upon the same property. Where such process is required by this section to be lodged in any office other than that of the town clerk in the town where the property is found, it shall be sufficient if the officer sends a copy of the process by registered or certified mail, return receipt requested, to the appropriate office.
(Amended 1971, No. 185 (Adj. Sess.), § 89, eff. March 29, 1972.)
§ 3252 Recording by clerk
When a copy of a writ of attachment upon which personal property is attached is lodged in the office of a town clerk, he or she shall enter in a book to be kept by him or her, in alphabetical order, the names of the parties, the date of the writ, the time when and the court to which the same is returnable, and the amount demanded.
§§ 3253, 3254 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3255 Taking possession with or without filing
(a) An officer, having attached personal property by lodging a copy in the appropriate office as provided in section 3251 of this title shall thereafter remove the property so attached or take it into his or her possession whenever the care, safety, or preservation of the property so requires, or he or she may accept a receipt for the same. In either case he or she shall withdraw the copy from the office where it was lodged, except that in a mixed attachment of real and personal property he or she shall make and cause to be recorded a certificate stating either that the personal property attached has been taken into his or her possession or receipted. Where the copy was originally lodged by mail, as provided in section 3251 of this title, such withdrawal or recording may also be accomplished by mail.
(b) The officer taking personal property as provided in this chapter may remove the same and take it into his or her possession, in which case he or she need not leave a copy of the attachment or execution in any office of record.
(Amended 1971, No. 185 (Adj. Sess.), § 90, eff. March 29, 1972.)
§ 3256 Custody of attached property; penalties
When an officer has attached personal property and taken it into his or her custody and chained, locked, or otherwise secured the same, a person, except another officer duly authorized, shall not interfere with the first named officer’s custody of such property. A person who violates the provisions of this section shall be fined not more than $100.00 or be imprisoned not more than 60 days, or both.
§ 3257 Buildings erected by mortgagor or lessee
An officer levying attachment of buildings or structures erected by a mortgagor or lessee, in addition to the copy lodged in the town clerk’s office, shall serve upon the mortgagee or lessor a like true and attested copy of the process, with a description of the property, and the return of the officer thereon, as is provided for the attachment of personal property held by a person as lessee or bailee. Upon sale on execution, the vendee shall succeed to the rights of the original lessee or mortgagor to the property.
Subchapter 3 Attachment of Real Property
§ 3291 Service of copies of attachment
When real estate is attached, in addition to serving the party whose estate is attached, the officer shall leave a true and attested copy of the attachment, with a description of the estate so attached, in the office where by law a deed of that estate is required to be recorded.
(Amended 1971, No. 185 (Adj. Sess.), § 91, eff. March 29, 1972.)
§ 3292 Recording by town or Superior clerk
When a copy of a writ of attachment, on which real estate is attached, is lodged in the office of a town or Superior clerk, such clerk shall enter in a book to be kept for that purpose the names of the parties, the date of the writ, the time when and the court to which the same is returnable, the nature of the action, the sum demanded, and the officer’s return thereon.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 3293 Discharge of attachment lien
(a) When an attachment or sequestration of real estate is made in an action at law, such real estate shall be discharged from such attachment lien and the party in whose favor the attachment or sequestration is made, his or her legal representative or attorney of record in the action shall discharge such attachment upon the record of attachment in the town clerk’s office, under any one of the following conditions:
(1) when the action is discontinued or the demand on which it is founded is satisfied;
(2) when the original writ or process is not returned to the court issuing the same within the time designated by such writ or process;
(3) when final judgment is entered in such cause and the docket entries or court records of proceedings in such cause do not show that execution was issued therein within the time the attached property is held to respond to the judgment rendered thereon;
(4) when execution has issued in such cause and returned with officer’s return thereon that the execution is satisfied; or
(5) if such execution is not returned to the court issuing the same within two years from the date of issue as determined by the docket entries or court records, provided that service is not stayed by order or decree of any court or by operation of law.
(b) If such attachment or sequestration is not discharged of record as above provided, any person having any title in or lien on such property may obtain from the court to which the original writ or process was made returnable, a certificate stating therein the fulfillment of any one of the conditions set forth above, and may file such certificate in the town or city clerk’s office in the town or city where such attachment was made. Such clerk shall thereupon discharge such attachment as follows:
“Discharged by the town (city) clerk per court’s certificate on file.”
(c) [Repealed.]
(d) A clerk discharging an attachment as herein authorized shall receive a fee of $4.00.
(Amended 1971, No. 84, § 7, eff. July 1, 1971; 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1979, No. 161 (Adj. Sess.), § 12; 1993, No. 170 (Adj. Sess.), § 10.)
§ 3294 Liability for refusal to discharge attachment lien
When such party or his or her representative refuses for 10 days after being thereto requested to discharge the lien so created, he or she shall be liable to the party injured for the damages occasioned thereby, to be recovered in an action of tort.
§ 3295 Attachment of real estate and personal property
A writ of attachment of real estate or personal property shall be filled out as provided by rule adopted by the Supreme Court and issued to the plaintiff’s attorney by the clerk of the court in the county where the action is pending or the property is located. Such writ shall issue only upon the order of a Superior judge approving attachment in the same manner as is provided by the Vermont Rules of Civil Procedure for attachment of personal property that is to be removed or taken into possession.
(Added 1977, No. 254 (Adj. Sess.), § 1, eff. April 19, 1978.)
Subchapter 4 Subsequent Attaching Creditors
§ 3331 Subsequent attaching creditors of real or personal property permitted to defend
When a subsequent attaching creditor of real or personal property wishes to contest the validity of the debt or claim on which a previous attachment is founded, the court before whom the process is returnable, on which the previous attachment was made, in its discretion, may permit such subsequent attaching creditor to appear by himself or herself or counsel and defend such action. The words “attaching creditor” shall include creditors claiming to hold by trustee process personal property or funds in the hands of any person against such previous attachments.
§ 3332 Admissions of defendant
When a creditor has so appeared, an admission or declaration in writing or otherwise, afterwards made by the debtor in the cause, of the validity of the claim on which such previous attachment is founded, shall not be given in evidence against such creditor nor shall he or she be affected thereby.
§ 3333 Costs when plaintiff recovers in full
When the plaintiff recovers final judgment for his or her whole debt or claim, he or she may have execution against such creditor for nominal damages and the costs that accrue in the cause after he or she so enters.
§ 3334 Costs when plaintiff recovers in part
When such creditor defeats on trial a part of the plaintiff’s claim on the ground that it is fraudulent as against creditors, he or she shall have judgment and execution against the plaintiff for such costs accrued after entry by such creditor as the court may tax in its discretion.
Subchapter 5 Personal Property Subject to Mortgage, Pledge, or Lien; Attachment, Levy of Execution, and Sale
§ 3351 Attachment, taking in execution, and sale
Personal property not exempt from attachment, subject to a mortgage, pledge, or lien, may be attached, taken in execution, and sold as the property of the mortgagor, pledgor, or general owner, in the same manner as other personal property, except as otherwise provided in this subchapter.
(Amended 2018, No. 8 (Sp. Sess.), § 6, eff. June 28, 2018.)
§ 3352 Statement of secured debt
The officer making such attachment or taking such property on execution may make a written demand of the mortgagee, pledgee, or the holder of such lien, for an account in writing, under oath, of the amount due upon the debt secured by such mortgage, pledge, or lien, and may retain such property in his or her custody until the same is given without tender or payment. Upon receiving such demand, the account shall be rendered within 15 days by a resident of the State and within 30 days by a nonresident. If the account is not rendered within the time aforesaid or if a false account is rendered, such property may be holden and sold, discharged from such mortgage, pledge, or lien.
§ 3353 Payment of debt if due
When such debt is due at the time of rendering the account, the creditor so attaching or causing such property to be taken on execution may pay or tender, within 10 days after such account is rendered, the amount so rendered to the mortgagee, pledgee, or holder of such lien, and retain and sell such property free and clear of such mortgage, pledge, or lien.
§ 3354 Payment of debt becoming due before sale
When such debt is not due at the time of rendering the account, but becomes due before the time fixed by the officer making such attachment or levy of execution for the sale of the property, within 10 days after the debt becomes due and before the sale, such creditor may pay or tender the amount thereof to such mortgagee, pledgee, or holder of such lien, and retain and sell such property as is provided in section 3353 of this title.
§ 3355 Payment of debt not due
When such debt is not due at the time fixed by the officer for sale of the property, the creditor may offer to pay the debt to the mortgagee, pledgee, or holder of the lien. If such payment is accepted, the same proceedings may be had as provided in section 3353 of this title.
§ 3356 Subrogation of creditor by payment
When such creditor pays or tenders such debt to the mortgagee, pledgee, or holder of such lien, as provided in sections 3353-3355 of this title, he or she shall be subrogated to all the rights of such mortgagee, pledgee, or holder, and may cause the same to be sold in the same manner that unencumbered personal property may be sold on mesne or final process; and the proceeds of such sale shall be applied first, in payment of the sum paid by such creditor to such mortgagee, pledgee, or holder and second, to satisfy the execution.
§ 3357 Sale of property subject to mortgage, pledge, or lien
When the mortgagee, pledgee, or holder of a lien duly renders such account, whether or not the debt is due, the attaching creditor may cause the property to be sold subject to the mortgage, pledge, or lien, without first paying or tendering the amount due on the debt secured thereby.
§ 3358 Subrogation of purchaser
When a mortgagor, pledgor, or conditional vendee of property sold on execution under the provisions of this subchapter fails or refuses to discharge such lien after it becomes due and payable, and within 10 days after written notice so to do is served upon him or her by the purchaser of the whole or part thereof, the person so purchasing may tender and pay to the holder of such mortgage, pledge, or lien, or the conditional vendor, the amount due such creditor upon the whole of such property. Upon such tender or payment, such purchaser shall be subrogated to all the rights of such original mortgagee, pledgee, or conditional vendor, and may hold the same as security for the amount so paid in discharge of such original claim, together with the sum paid by him or her on the execution sale, with interest upon such sums. He or she shall have the same benefit of foreclosure, sale, and disposition of such property that the original mortgagee, pledgee, or conditional vendor would have had under his or her claim.
§ 3359 Property subject to conditional sales contract—Attachment and execution
If property, in pursuance of the terms of a conditional sales contract, has passed into the possession of the vendee and the purchase money or part thereof remains unpaid, a creditor of the vendee may attach or levy his or her execution upon the property, and, upon payment or tender of such unpaid purchase money to the vendor, his or her agent or attorney, within 10 days after notice of the amount thereof remaining unpaid, may hold the property discharged from the claim of such vendor.
§ 3360 Proceeds of sale
The officer making such attachment or levy shall hold and dispose of such property like other personal property attached or levied upon, and from the proceeds of the sale thereof pay to the creditor the amount by him or her paid or tendered to the vendor and apply the residue upon the execution.
§ 3361 Defense in action by vendor
If the vendor refuses to receive the amounts so tendered him or her and brings an action on account of the attachment or levy, the tender shall constitute a defense. On proof thereof and payment of the money tendered into court, the defendant may recover his or her costs, unless it appears that the amount so tendered, as the residue of the purchase money, was less than the sum due the vendor.
(Amended 1971, No. 185 (Adj. Sess.), § 92, eff. March 29, 1972.)
§ 3362 Mortgagee taking possession; foreclosure of mortgage, pledge, or lien
Sections 3351-3361 of this title shall not be construed so as to prevent or delay a mortgagee or a conditional vendor from taking possession of the secured property at any time for its necessary care and preservation, nor to prevent or delay the due foreclosure of a mortgage, pledge, or lien under the provisions of 9A V.S.A. Article 9.
(Amended 1959, No. 262, § 27, eff. June 11, 1959; 1971, No. 185 (Adj. Sess.), § 93, eff. March 29, 1972.)
§ 3363 Property in hands of bailee—Taking of reversionary interest of lessor, bailor, pledgor, or other owner
The reversionary title in personal property may be attached or levied upon as the property of the lessor, bailor, pledgor, or other person owning the same, subject to the contract rights of the party holding possession thereof.
§ 3364 Service of process on person holding property
A valid lien on such property shall be created by delivering to the person so holding it a true and attested copy of the process upon which it is attached or levied, with the return of the officer thereon describing it, which shall have the same effect as though the property were taken into the possession of such officer.
§ 3365 Sale of reversionary interest
The reversionary interest in the property may be sold at public sale, as personal property is required to be sold upon legal process, subject to the contract rights under which it is held.
Subchapter 6 Sale of Personal Property on Attachment
§ 3401 Sale by consent of parties
When goods or chattels are attached on mesne process in one or more actions and the debtor and attaching creditors consent in writing to a sale thereof, the attaching officer shall sell the same in the manner prescribed by law for selling like property on execution. The proceeds of the sale, after deducting the necessary charges thereof, shall be paid into court and held to respond to judgments in such actions.
§ 3402 Attachment after advertisement
After the property is advertised for sale, a creditor shall not have a right to prevent such sale by attachment of the same. The property may be charged by attachment or execution put into the hands of the officer holding it, as if the same were not advertised for sale, and the proceeds thereof shall be held subject to the attachments and executions in the officer’s hands, at the time of the sale, against the owner of the property.
§ 3403 Perishable property—Notice of sale; appraisers
(a) When an attachment is made of living animals or of perishable goods or chattels which are liable to waste or liable to deteriorate appreciably in value by keeping or which cannot be kept without great or disproportionate expense, and the parties do not consent to the sale thereof, upon written application of either of the parties interested therein, made to the attaching officer, the property so attached shall be examined, appraised and sold, or otherwise disposed of and notice thereof given by the officer to the other parties in such manner as the Supreme Court shall by rule provide for service of summons.
(b) Such officer shall prepare a schedule of the property and appoint three disinterested persons acquainted with its value as appraisers to be sworn by him or her. If such appraisers are satisfied that the defendant in the action has been informed of the attachment of the property, they shall appraise the same as provided by law.
(Amended 1971, No. 185 (Adj. Sess.), § 94, eff. March 29, 1972.)
§ 3404 Duties of appraisers; sale
The appraisers shall examine the attached property and, if the same or part thereof is liable to perish or waste or to be greatly reduced in value by keeping or cannot be kept without great and disproportionate expense, they shall appraise the same at its value in money. Such property shall thereupon be sold by the officer and the proceeds held and disposed of as hereinbefore provided in case of a sale by consent of parties, unless the property is taken by the defendant as hereinafter provided.
§ 3405 Return of sale
When an attaching officer sells property pursuant to any of the preceding sections, within 30 days, he or she shall make a return of his or her sale and any action taken on the writ upon which the attachment was made and return the writ with his or her proceedings to the clerk who signed it or to the clerk of the court in which the action is pending. When the defendant confesses judgment to the plaintiff before he or she makes the return, the officer shall make return to the magistrate before whom the judgment is confessed.
(Amended 1971, No. 185 (Adj. Sess.), § 95, eff. March 29, 1972.)
§ 3406 Delivery of property to defendant on giving security
The property appraised and ordered sold under the provisions of this subchapter shall be delivered to the defendant, if he or she requires it, upon his or her depositing with the attaching officer the appraised value thereof in money, or giving to him or her satisfactory security for payment of such value, or to satisfy such judgments as are recovered in the actions in which the property is attached, if demanded within the time during which it would have been held by the respective attachments, and to indemnify the officer for such costs and damages as he or she may sustain if such payment is not made within the time aforesaid.
§ 3407 Officer to account for appraised value
Such officer shall be accountable to the attaching creditor for the appraised value only of the property so delivered to the debtor.
§ 3408 Sale after return of process
After the process has been entered in court and before final judgment, personal property attached on mesne process may be sold or disposed of upon the same requests and in the same manner as provided for the sale or disposal of property so attached, before the process has been entered in court.
§ 3409 Officer’s return
When an officer sells property as provided in section 3408 of this title, he or she shall forthwith make return of his or her doings and sale to the clerk of the court or to the magistrate before whom the cause is pending. Such return shall be appended to and made part of the officer’s return on the original process.
§ 3410 Deposit or investment of proceeds
When property is sold on mesne process returnable to the Superior Court under this subchapter, upon application of either party, the money realized from the sales shall be paid into court, and the clerk thereof shall invest or deposit such money during the pendency of the cause, as the court directs. When the officer has paid the money into court, he or she shall not be responsible to either party therefor.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
Chapter 125 Arrest, Bail, and Recognizances
Subchapter 1 Bail and Recognizances
§ 3471 Bail or recognizance as including surety bond
The word “bail” or the word “recognizance” wherever used in connection with civil proceedings shall mean a good and sufficient surety bond, if one is furnished.
(Amended 1967, No. 337 (Adj. Sess.), § 1, eff. July 1, 1968.)
§ 3472 Surety bond in lieu of recognizance
Whenever in any civil proceeding, surety by way of recognizance is required, the court or magistrate before whom such proceedings are pending may accept a good and sufficient surety bond in lieu of such recognizance.
(Amended 1967, No. 337 (Adj. Sess.), § 2, eff. July 1, 1968.)
§ 3473 Insufficiency of recognizance or bail; order for new bail
When it appears that the security or recognizance for the prosecution of a pending cause or an appeal or the bail taken by the officer on the writ, is insufficient to secure the party for whose benefit the same was taken, the court, or the clerk in vacation, in his or her discretion, may order sufficient bail to be entered by a certain time, or that judgment be rendered against the party neglecting to comply with such order. Within the time provided, the party so required to furnish bail shall file with the clerk of the court a bond with sufficient surety in the amount required, to be approved by the clerk, or shall with sufficient surety, so approved, enter into a personal recognizance before the clerk in such amount. Such recognizance shall be entered by the clerk upon the docket of the cause.
§ 3474 Release of bail for misrepresentations, etc
When it is made to appear to the court by a person who is bail for a party in a cause pending therein, that he or she was induced to enter bail by misrepresentations or by promise of indemnity which has not been performed, with the consent of the party for whose security the bail is taken, the court may discharge such bail, and order new bail on reasonable terms.
§ 3475 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3476 Rights of bail—Bailpiece in bastardy proceedings
When a surety recognizes before a Superior judge, for the appearance before the Superior Court of a person charged with being the father of a bastard child, the officer making the arrest upon the warrant shall deliver to such surety a bailpiece, if required, provided the recognizance is entered into before a Superior judge. If such recognizance is entered into before a judge of the Superior Court, the keeper of the jail in the county in which the principal is confined shall, if required, deliver to such surety a bailpiece.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 22, eff. April 9, 1974.)
§ 3477 Warrant thereon
Upon presentation of a bailpiece to a Superior judge, such magistrate shall issue to the surety a warrant directed to any sheriff or constable in the State, commanding him to assist such surety in apprehending the principal.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 23, eff. April 9, 1974.)
§ 3478 Use of warrant
When he has occasion to arrest the principal, a surety may use such warrant to surrender him in court in discharge of his bail on the original process or upon scire facias or to secure him until a term of the court in which he may be surrendered for that purpose.
§ 3479 Commitment of principal
The officer apprehending the principal may commit him to jail in the county in which he was arrested on the original process or in the county in which the process is pending, agreeably to the direction in the warrant. Such commitment shall be considered as a commitment on the original process, if the same is pending.
§§ 3480, 3481 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3482 Principal delivered in bastardy proceedings
A surety on the recognizance in a bastardy complaint may deliver the principal into court in discharge of his recognizance before the principal is adjudged to be the father of such bastard child and the court has made an order charging him with its support, but not after. Such surety may commit the principal to jail so that he may be delivered into court, before such adjudication and order.
§ 3483 Commitment of principal
When the principal is delivered into court under section 3482 of this title, the court shall order him committed to jail, unless he enters into a recognizance before the court, with sufficient sureties, in the sum fixed by the order of the judge, conditioned as provided by law in such cases. Such commitment shall be deemed a commitment on the original warrant.
(Amended 1973, No. 249 (Adj. Sess.), § 24, eff. April 9, 1974.)
§ 3484 Surety may have warrant
A surety in a recognizance taken by a Justice of the Supreme Court, a judge of a Superior Court, or a clerk of the Supreme or Superior Court, may make written application to the authority taking the recognizance for a warrant to apprehend the principal and commit him to jail. The authority taking the recognizance shall thereupon issue such warrant, directed to any sheriff or constable in the State. When the principal is committed to jail on such warrant, the bail shall be discharged.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 25, eff. April 9, 1974.)
§§ 3485-3490 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 2 Arrest in Actions Founded on Contract
§ 3521 Imprisonment for debt abolished
No person shall be arrested or imprisoned on mesne process. No person shall be arrested or imprisoned on an execution or by other means to enforce a judgment in any civil action for money damages. Notwithstanding the provisions herein, the court shall have full power to punish for contempt.
(Amended 1971, No. 185 (Adj. Sess.), § 96, eff. March 29, 1972; 1979, No. 67, § 1, eff. date, see note set out below.)
§§ 3522-3530 Repealed
[Repealed]
1979, No. 67, § 9, eff. date, see note set out below.
§ 3531 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§§ 3532, 3533 Repealed
[Repealed]
1979, No. 67, § 9, eff. date, see note set out below.
Subchapter 3 Procedure for Arrest and Imprisonment
§ 3571 Place of commitment
When a person authorized to serve process is required by law to commit a person to jail, such commitment shall be in the county where the arrest is made, unless otherwise required by law. If there is not a legal jail in the county, the commitment shall be made in an adjoining county in which there is a legal jail.
§ 3572 Manner of commitment
The officer committing a prisoner shall deliver him or her to the keeper of the jail, within the same, and give the keeper an attested copy of the process on which the commitment is made, with his or her return thereon.
§ 3573 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3574 Penalty for not delivering copy
An officer who does not within six hours deliver a true copy of the warrant or process by which he or she detains a prisoner, to a person who demands such copy and tenders the fees therefor, shall forfeit to such prisoner $200.00, to be recovered in an action of tort on this statute.
§§ 3575, 3576 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3577 Privilege from arrest
(a) The Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, Attorney General, and members of the General Assembly and officers and witnesses whose duty it is to attend thereon, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest and imprisonment during their necessary attendance on and in going to and returning from the General Assembly.
(b) A party or witness in a cause pending in any court in the State or before special masters, auditors, referees, or commissioners, and a witness in a criminal cause pending in any such court, shall not be arrested, imprisoned, or detained by virtue of civil process. Any witness summoned from outside the State in a criminal cause, pending in any court within the State, shall be privileged from the service of papers of any kind whatsoever, and from arrest for any cause while going to, attending at, or returning from such court or trial of such cause.
(c)(1) Prohibition. A person shall not be subject to civil arrest while traveling to, entering, remaining at, or returning from a court proceeding.
(2) Exceptions. Subdivision (1) of this subsection shall not apply to:
(A) an arrest pursuant to a judicially issued warrant or a court order;
(B) an arrest for contempt of the court where the proceeding is occurring; or
(C) an arrest to maintain order or safety in the court where the proceeding is occurring.
(3) Remedies.
(A) A person who violates this subsection by knowingly and willfully executing or assisting with an arrest prohibited by subdivision (1) of this subsection (c) shall be subject to contempt proceedings and may be liable in a civil action for false imprisonment.
(B) A person who is arrested in violation of subdivision (1) of this subsection (c) may bring a civil action against the violator for damages; injunctive, equitable, or declaratory relief; punitive damages; and reasonable costs and attorney’s fees.
(C) The Office of the Attorney General may bring a civil action on behalf of the State of Vermont for appropriate injunctive, equitable, or declaratory relief if there is reasonable cause to believe that a violation of subdivision (1) of this subsection (c) has occurred or will occur.
(D) No action under this subsection shall be brought against the Judiciary or any of its members or employees for actions taken to maintain order or safety in the courts.
(E) This section shall not be construed to limit or infringe upon any right, privilege, or remedy available under common law or any other provision of law or rule.
(F) Notwithstanding section 3578 of this title, the protections and remedies afforded by this subsection apply irrespective of when the privilege against civil arrest is invoked.
(4) Definition. As used in this subsection, “civil arrest” means an arrest for purposes of obtaining a person’s presence or attendance at a civil proceeding, including an immigration proceeding.
(Amended 2021, No. 153 (Adj. Sess.), § 2, eff. May 31, 2022.)
§ 3578 Pleading privilege from arrest
(a) When a person is privileged from arrest on execution so informs the officer at the time the arrest is made and claims his or her privilege, the giving of a jail bond shall not be deemed a waiver thereof but the facts shall be sufficient defense to an action for breach of condition of the bond.
(b) The person making the arrest shall state in his or her return of service of the execution that the person arrested made known to him or her and claimed his or her privilege from arrest.
(Amended 1971, No. 185 (Adj. Sess.), § 106, eff. March 29, 1972.)
§ 3579 Detaining public carrier to make arrest; penalties
(a) An officer who has a writ of execution or criminal process for the arrest of a person whom he or she has reason to believe is on a public carrier may notify the operator of the carrier thereof. The operator shall thereupon detain the carrier a reasonable length of time at any place where it is scheduled to stop, and before it leaves the State, to enable the officer to examine the carrier and, if found, to arrest and remove the person against whom he or she has the writ of execution or criminal process.
(b) An operator who, after due notice from an officer holding a writ of execution or criminal process as specified in subsection (a) of this section, refuses or neglects to detain the carrier, and in consequence thereof the person sought to be arrested escapes from the borders of this State, if for a civil action, shall be liable to the plaintiff in an action of tort on this statute, for all damages arising therefrom. If for a criminal action, he or she shall be fined not more than $100.00.
(Amended 1971, No. 185 (Adj. Sess.), § 107, eff. March 29, 1972.)
§ 3580 Escapes—Jailer to keep prisoner
The keeper of a jail shall safely keep a prisoner committed to his or her custody until discharged from imprisonment.
§ 3581 Liability for escapes
Such keeper shall be liable for escapes made from such jail.
§ 3582 County answerable if jail insufficient
When an escape is made in consequence of the insufficiency of the jail, without negligence of the keeper, either in keeping the prisoner or repairing the jail, the county shall be answerable to such keeper for the costs and damages he or she sustains in consequence.
§§ 3583, 3584 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3585 Defense and recovery in action on escape
In an action for an escape, such keeper may prove the circumstances attending the same and the circumstances and property of the prisoner when he or she escapes. The creditor shall recover only the reasonable damages which he or she sustains in consequence of the escape, and his or her costs.
Subchapter 4 Admission to Liberties of the Jail Yard; Close Jail Executions; Jail Bonds
§§ 3621-3628 Repealed
[Repealed]
1979, No. 67, § 9, eff. date, see note set out below.
§ 3629 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§§ 3630-3638 Repealed
[Repealed]
1979, No. 67, § 9, eff. date, see note set out below.
Subchapter 5 Discharge from Imprisonment; Poor Debtors
§ 3671 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§§ 3672-3687 Repealed
[Repealed]
1979, No. 67, § 9, eff. date, see note set out below.
§ 3688 Repealed
[Repealed]
2005, No. 174 (Adj. Sess.), § 140(2).
§ 3689 Application for discharge; hearing; oath
When the petition is granted, after the time fixed by the court or justice, the prisoner may apply to the commissioners of jail delivery in the county for a discharge from imprisonment. After giving notice to the opposite party before such examination, as provided in other cases in this chapter, if they find on examination that such person has not property, except his or her wearing apparel, exceeding $20.00, the commissioners shall administer to him or her the following oath:
“You solemnly swear that you have not estate, real or personal, exceeding $20.00, except your wearing apparel, and that you have not disposed of any of your property for the purpose of defrauding the complainant in the proceedings on which you are committed. So help you God.”
§ 3690 Effect of discharge
Upon taking such oath, the prisoner shall be discharged as other persons are discharged upon taking the poor debtor’s oath, and shall thereafter be free from arrest or imprisonment upon an execution issued upon any judgment rendered in such bastardy proceedings or founded thereon. The judgment shall remain in force, and the plaintiff may have execution against his or her property for nonpayment of orders of court, or may sustain an action of contract thereon.
§§ 3691-3693 Repealed
[Repealed]
1979, No. 67, § 9, eff. date, see note set out below.
Chapter 141 Audita Querela
§§ 3901-3907 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 143 Habeas Corpus
§ 3951 Unlawful restraint
A person shall not be restrained or imprisoned unless by authority of law.
§ 3952 Prisoners entitled to writ of habeas corpus
A person imprisoned in a common jail, or the liberties thereof, or otherwise restrained of his or her liberty by an officer or other person, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and obtain relief therefrom if it is unlawful.
§ 3953 Authority to grant writ; complaint
Such writ may be granted by a Superior judge, or by Superior Court during its sitting, in the county where such person is imprisoned, on application by complaint in writing signed by the party for whose relief it is intended or by some person in his or her behalf, stating the person by whom and the place where the party is imprisoned or restrained, naming the prisoner and the person detaining him or her, if their names are known, and describing them, if they are not known, and stating also the cause or pretense of such imprisonment or restraint, according to the knowledge and belief of the person applying. The petitioner or the State may appeal from the decision on the petition to the Supreme Court under chapter 102 of this title.
(Amended 1966, No. 41 (Sp. Sess.), § 4, eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 3954 Copy of process annexed to complaint
When the imprisonment or restraint is by virtue of a warrant or other process, a copy thereof shall be annexed to the complaint, or it shall appear that copy thereof has been demanded and refused, or that for sufficient reason a demand of such copy could not be made.
§ 3955 Complaint to be sworn to
The facts set forth in the complaint shall be verified by the oath of the person making the application or by that of some credible witness. Such oath may be administered by the court or magistrate to whom the application is made, or a Superior judge.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 27, eff. April 9, 1974.)
§ 3956 Issue and return of writ
Without delay, such court or magistrate shall award and issue a writ of habeas corpus, which shall be made returnable forthwith.
§ 3957 Signing of writ
When the writ is issued by the Superior Court, it shall be signed by the clerk, otherwise by the magistrate issuing the same.
(Amended 1966, No. 41 (Sp. Sess.), § 5, eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 3958 Return after court adjourns; procedure
When the court to which the writ is returnable adjourns before it is returned, the return shall be made before one of the Justices of the Supreme Court. If the writ is in any case returned before one Justice or judge when the court is in session, he or she may adjourn the case into the court, to be there heard and determined as if the writ had been returned into the same court.
§ 3959 Designation of person to be served
The person having the custody of the prisoner may be designated by his or her official title, if he or she has any, or by his or her name. If such title or name is unknown or uncertain, he or she may be described by an assumed appellation. Any one upon whom the writ is served shall be deemed the person intended thereby.
§ 3960 Designation of prisoner
The prisoner to be produced shall be designated by his or her name, if known, and if that is unknown or uncertain, he or she may be otherwise described so as to make known who is intended.
§ 3961 Pay for transporting prisoner
When the prisoner is confined in a common jail, or in the custody of a civil officer, the court or magistrate issuing the writ shall certify thereon the sum to be paid for bringing him or her from the place of imprisonment. The officer to whom the writ is directed shall not be bound to obey it, unless such sum is paid or tendered to him or her.
§ 3962 When a person to be served is not an officer
In cases of imprisonment by a person not an officer of the State or of the courts of the United States, the writ shall be directed to a sheriff or his or her deputy, commanding him or her to take and have the person imprisoned before the court or magistrate granting the writ, immediately after the receipt thereof, and summon the person by whom such prisoner is restrained to appear before such court or magistrate and show the cause for taking and detaining such prisoner.
§ 3963 Receipt and return of writ; notice to State’s Attorney or Attorney General
A person to whom the writ is directed shall receive the same and, upon payment or tender of the charges demandable for its execution, shall make return thereof forthwith. In case a person is restrained of his or her liberty by reason of a court sentence to a penal institution the judge may, in his or her discretion, order such other or further notice be given to the State’s Attorney of the county in which the prisoner was convicted or to the Attorney General as he or she deems reasonable.
§ 3964 Return of statement as to custody and authority
In cases other than those provided for in section 3962 of this title, the person who makes the return shall state therein, and, in the cases provided for in such section, the person in whose custody the prisoner is found shall state, in writing, to such court or magistrate, plainly and unequivocally, whether he or she has or has not the prisoner in his or her custody or power or under restraint. If he or she has him or her in his or her custody or power or under restraint, he or she shall set forth at large the authority and the true and whole cause of such imprisonment or restraint, with a copy of the writ, warrant, or other process, if any, upon which he or she is detained. If he or she has had him or her in his or her custody or power or under restraint and has transferred such custody or restraint to another, he or she shall state particularly to whom, at what time, for what cause and by what authority such transfer was made.
§ 3965 Return to be signed and sworn to; exception
The return or statement shall be signed by the person making it, and shall be sworn to by him or her unless he or she is a sworn public officer and makes the return in his or her official capacity.
§ 3966 Prisoner brought unless sick
The person who makes the return or statement, at the same time, shall bring the prisoner, if in his or her custody or power or under his or her restraint, according to the command of the writ, unless prevented by the sickness or infirmity of such prisoner.
§ 3967 Examination in case of sick prisoner
When the prisoner cannot be brought to the place appointed for the return of the writ, without danger, because of his or her sickness or infirmity, that fact shall be stated in the return. When such fact is provided to the satisfaction of such court or magistrate, he or she may proceed to the jail or other place where the prisoner is confined and there make an examination or adjourn the hearing to another time or make such order in the case as law and justice require.
§ 3968 Examination; time; adjournment
When the writ is returned, such court or magistrate, without delay, shall examine the causes of imprisonment or restraint; but the examination may be adjourned from time to time.
§ 3969 Notice of examination
When it appears that the prisoner is detained on a process under which another person has an interest in continuing his or her imprisonment or restraint, he or she shall not be discharged until sufficient notice has been given to such other person, or his or her attorney, if within the State, to appear and object to such discharge.
§ 3970 Prisoner charged with crime, notice to State’s Attorney
When it appears that the prisoner is imprisoned on a criminal accusation, he or she shall not be discharged until sufficient notice is given to the State’s Attorney, whose duty it is to prosecute for such offense, to appear and object to such discharge.
§ 3971 Pleading; hearing
The prisoner may deny any of the facts set forth in the return or statement and may allege other material facts. Such court or magistrate may examine the causes of the imprisonment or restraint in a summary manner and hear the evidence produced by any person interested or authorized to appear, in support of or against such imprisonment or restraint.
§ 3972 Discharge; decision and record
When legal cause is not shown for the imprisonment or restraint, such court or magistrate shall discharge the person therefrom. The petition for a writ of habeas corpus heard by a court or magistrate, together with the decision thereon in writing, shall be returned for record to the office of the county clerk of the county in which the person is alleged to be restrained or confined, or, if restrained upon process issuing from a court, into the clerk’s office in the county where such court is held. Such proceedings shall be docketed and properly indexed, and the same, together with the decision thereon, recorded in the same manner as other judgments of such court.
§ 3973 Bail
When the prisoner is detained for a bailable cause or offense, such court or magistrate shall admit him or her to bail, if a sufficient amount thereof is offered, and if not, shall remand him or her with an order fixing the sum in which he or she shall be held to bail, and the court at which he or she shall be required to appear. A judge of the Superior Court in the county where such prisoner is confined may admit him or her to bail pursuant to such order before the sitting of such court.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 3974 Remand of prisoner
When the prisoner is lawfully imprisoned or restrained or is not entitled to be released on bail, he or she shall be remanded to the person from whose custody he or she was taken or to such other person or officer as by law is authorized to detain him or her.
§ 3975 Custody pending judgment
Until the judgment is given, such court or magistrate may remand the prisoner, admit him or her to bail to appear from day to day, commit him or her to the custody of the sheriff of the county, or place him or her under such other care and custody as the circumstances of the case require.
§ 3976 Refusal to receive or obey and execute writ—Contempt proceedings
When a person to whom a writ of habeas corpus is directed refuses to receive the same, or does not obey and execute it, unless sufficient excuse therefor is shown, such court or magistrate shall compel obedience to the writ and punish the person guilty of the contempt forthwith, by process of attachment as for contempt.
§ 3977 Precept to another officer or person
Upon such refusal or neglect, such court or magistrate may also issue a precept to an officer or other person, to be designated therein, commanding him or her to bring forthwith before such court or magistrate the person for whose benefit the writ of habeas corpus was issued. The prisoner shall be thereupon discharged, bailed, or remanded, in like manner as if he or she had been brought in on habeas corpus.
§ 3978 Penalty for not executing writ
A person neglecting or refusing to receive and execute a writ of habeas corpus shall forfeit to the person aggrieved $400.00, to be recovered in an action of tort on this statute.
§ 3979 Confinement for contempt—Issuance and return of writ
When a person disobeys the order, decree, judgment, or process of a court or a magistrate thereof, or is guilty of a contempt of such court or magistrate, and in consequence is imprisoned or confined by the order or judgment of such court or magistrate, such person shall be entitled to his or her writ of habeas corpus, returnable to the Supreme Court.
§ 3980 Discharge of person confined for contempt
When it appears on the hearing upon such writ that such disobedience or contempt was committed through ignorance, mistake, or misapprehension, or by acting in good faith under the advice of counsel, and that relief may be granted without impairing the rights of the parties concerned or the due administration of law, the Supreme Court may discharge such person from such imprisonment or confinement upon such terms as seem just.
§ 3981 Bond
The Supreme Court may order the person bringing such writ to file a bond with the Clerk of the Court, in such sum and with such sureties and conditions as it directs, to be given to the Clerk of the Court or to such person as the Court designates in the order, and may further order that, upon filing such bond, the person may go at large. The bond may be prosecuted for the benefit of any party interested.
§ 3982 Penalty for attempting to elude service
Whether a writ has been issued or not, a person who has in his or her custody or under his or her power a prisoner entitled to a writ of habeas corpus, and who, with intent to elude the service of such writ or to avoid the effect thereof, transfers such prisoner to the custody, or places him or her under the power or control of another person, or conceals him or her or changes the place of his or her confinement, shall forfeit to the person aggrieved $400.00, to be recovered in an action of tort on this statute.
§ 3983 Recovery of penalty not bar to further suit
The recovery of a penalty imposed by this chapter shall not be a bar to an action for false imprisonment or for a false return to the writ of habeas corpus or for damages.
§ 3984 Imprisonment for same cause after discharge
A person who has been discharged upon habeas corpus shall not be imprisoned or restrained again for the same cause, unless he or she is indicted therefor or convicted thereof, or does not find bail as ordered by a court of record or unless, after a discharge for a defect of proof or for material defect in the commitment in a criminal cause, he or she is again arrested on sufficient proof and committed for the same offense.
§ 3985 Habeas corpus to bring respondent or witness into court
Nothing in this chapter shall prevent a court from issuing a writ of habeas corpus, when necessary, to bring before it a prisoner for trial in a criminal cause pending in the court, or to be surrendered in discharge of bail, or examined as a witness in any action or proceeding, civil or criminal, pending in such court, when the personal attendance and examination of the witness is necessary in the administration of justice.
Chapter 145 Quo Warranto, Mandamus, and Prohibition
§§ 4041-4046 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 161 Action for an Accounting
§ 4251 Actions for accounting—jury
The Superior Court shall have original jurisdiction in actions for an accounting other than accountings involved in the administration of trusts under Title 14A. When the defendant in such an action brought in one of the following ways pleads in defense an answer which, if true, makes him or her not liable to account, the issue thus raised may be tried to a jury:
(1) by one joint tenant, tenant in common, or coparcener, his or her administrator or executor against the other, his or her administrator or executor, as bailiff for receiving more than his or her just proportion of any estate or interest;
(2) by an administrator or executor against his or her coadministrator or coexecutor, who neglects to pay the debts and funeral charges of the intestate or testator, in proportion to the estate in his or her hands, and he or she may recover such proportion of such estate as is just;
(3) by an executor, being a residuary legatee, against the coexecutor to recover his or her equal and ratable part of the estate in the hands of such coexecutor;
(4) by a residuary legatee against the executor; or
(5) on book account.
(Amended 1971, No. 185 (Adj. Sess.), § 117, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 20, § 5; 2009, No. 154 (Adj. Sess.), § 80.)
§ 4252 Items belonging to, tried in book account
On the trial of an action founded on book account, if it appears to the court that any item or items of account or transaction between the same parties would more properly belong to an action for an accounting, the same may be tried and adjusted in the action founded on book account.
§ 4253 Failure of defendant to appear; consequence
In an action for an accounting, if a verdict is found against the defendant or if he or she does not appear, or appearing confesses that he or she ought to account, the court shall render judgment that he or she account.
(Amended 1971, No. 185 (Adj. Sess.), § 118, eff. March 29, 1972.)
§ 4254 Defense before auditor
The judgment to account in the action for an accounting shall not prevent the defendant from making any defense before the auditor which he or she might have made by answer in bar to the action, if the judgment to account had not been rendered.
§ 4255 Hearing by court; auditors
When judgment to account is rendered, the court may hear, examine, and adjust the accounts between the parties or may appoint one or more auditors for such purpose.
§ 4256 Hearing by auditors; report; judgment
Such auditors shall hear, examine, and adjust all the accounts existing between the parties of a similar nature and in the same right, to the time of hearing, and report the same within 30 days after hearing before them is finished. Unless cause to the contrary is shown, the report shall be accepted by the court as conclusive of the facts in issue submitted and judgment rendered thereon for the sum found in arrears from either party with costs.
§ 4257 Actions between partners, coparceners, or tenants in common
In an action for an accounting, maintained by one or more partners against the other partner or partners, to settle and adjust their partnership accounts and dealings, or by one or more coparceners or tenants in common, to settle and adjust their accounts and dealings, the defendant or defendants shall have the right to trial by jury provided by section 4251 of this title.
(Amended 1971, No. 185 (Adj. Sess.), § 119, eff. March 29, 1972.)
§ 4258 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 163 Chancery Proceedings
Subchapter 1 General Provisions; Proceedings Before Trial
§§ 4311-4328 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 2 Trial of Causes
§§ 4361-4370 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4371 Repealed
[Repealed]
1959, No. 261, § 68.
Subchapter 3 Death of Party; Revivor of Action
§§ 4401-4411 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 4 Injunctions
§§ 4441-4446 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4447 Damages on final judgment
When an injunction has been dissolved by a final judgment in favor of the enjoined party, he or she shall be entitled to recover his or her actual damages caused by the wrongful issuing of the injunction.
(Amended 1971, No. 185 (Adj. Sess.), § 120, eff. March 29, 1972.)
Subchapter 5 Receivers
§ 4481 Receivers of goods attached
When the stock in a manufacturing establishment consisting of articles in the process of manufacture, with or without the materials necessary for the manufacture of the same, hereinafter referred to as “stock,” is taken by virtue of a writ of attachment in a civil action, and cannot be sold without a sacrifice, and cannot be kept without loss and damage, on the motion of a party interested to the presiding judge of the Superior Court in which the action is pending or by complaint to any other Superior judge, the judge may appoint in his or her discretion a competent person to receive the stock so attached, complete the manufacture thereof, dispose of the same on the terms most advantageous to the persons interested, and apply the proceeds under the direction of the judge:
(1) to the payment of necessary expenses incurred by the receiver in the manufacture and sale of the stock;
(2) to the payment of such sum as the judge deems reasonable to the receiver for his or her services;
(3) to the payment of the costs of the proceedings;
(4) the residue shall be applied as though the money were received by the officer, on the sale of the stock, by consent or otherwise, upon the original attachment.
(Amended 1971, No. 185 (Adj. Sess.), § 121, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 4482 Notice of motion or complaint
Notice shall be given to the parties to the attachment or their attorneys to appear and show cause why the prayer of the motion or complaint should not be granted before the receiver is appointed.
(Amended 1971, No. 185 (Adj. Sess.), § 122, eff. March 29, 1972.)
§ 4483 Receiver’s bond
Before an order issues for him or her to take possession of such stock, the receiver shall execute and deliver to the clerk of the court issuing the order a bond with sufficient sureties, in such sum as the court directs, conditioned on the faithful execution of his or her trust and a true accounting, under the direction of the court, for the property received under such order.
§ 4484 Order for possession
Upon receipt of such bond, under the direction of the court, the clerk of the court shall deliver to the receiver an order to take possession of such stock, proceed in the manufacture and sale of the same as provided by sections 4481-4483 of this title, and require possessors of such stock to deliver same to the receiver. Such order shall be a sufficient warrant to the attaching officer or other possessor of such stock to deliver it to the receiver.
§ 4485 Borrowing money
The presiding judge of the Superior Court in which the action is pending or other Superior judge may authorize the receivers or managers of property in the course of administration in that court, when the interest of the parties or property requires it, to borrow money for the proper and convenient discharge of their duties and on such terms, conditions, limitations, and security as shall to the court seem fit. This section shall not prevent the receivers or managers from borrowing money for temporary purposes.
(Amended 1971, No. 185 (Adj. Sess.), § 123, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
Subchapter 6 Foreclosure of Mortgages
§§ 4521, 4522 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§§ 4523-4533a Repealed
[Repealed]
2011, No. 102 (Adj. Sess.), § 2.
Subchapter 7 Decrees and Records
§§ 4561-4565 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 8 Appeals and Review
§ 4601 Appeals in foreclosure actions
When a judgment is for the foreclosure of a mortgage, permission of the court shall be required for review.
(Amended 1959, No. 261, § 66; 1971, No. 185 (Adj. Sess.), § 129, eff. March 29, 1972.)
§§ 4602-4613 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 9 Mediation in Foreclosure Actions
§ 4631 Mediation program established
(a) This subchapter establishes a program to assure the availability of mediation and application of government loss mitigation program requirements in actions for foreclosure of a mortgage on any dwelling house of four units or less that is occupied by the owner as a principal residence.
(b) The requirements of this subchapter shall apply to all foreclosure actions on dwelling houses of four units or less that are occupied by the owner as a principal residence unless:
(1) the loan involved is not subject to any government loss mitigation program requirements;
(2) prior to commencing the foreclosure action, the mortgagee or a representative of the mortgagee met with or made reasonable efforts to meet with the mortgagor in person in Vermont to discuss any applicable loss mitigation options; and
(3) the plaintiff in the foreclosure action certifies in a separate document filed with its complaint that the requirements of subdivisions (1) and (2) of this subsection have been satisfied and describes its efforts to meet with the mortgagor in person to discuss applicable loss mitigation efforts.
(c) To be qualified to act as a mediator under this subchapter, an individual shall be licensed to practice law in the State and shall be periodically required to take specialized, continuing legal education training courses on foreclosure prevention or loss mitigation approved by the Vermont Bar Association.
(d) This subchapter shall not apply to a commercial loan.
(e) As used in this subchapter:
(1) “Commercial loan” means any loan described in 9 V.S.A. § 46(1), (2), or (3).
(2) “Government loss mitigation program” means:
(A) the federal Home Affordable Modification Program (HAMP);
(B) any loss mitigation program for loans owned or guaranteed by government-sponsored entities such as the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), the U.S. Federal Housing Administration, or the U.S. Department of Veterans Affairs;
(C) any loss mitigation program for loans guaranteed by the U.S. Department of Agriculture-Rural Development that are not owned by an instrumentality of the United States or the State of Vermont; or
(D) a settlement agreement with a government entity, or any state or federal law or regulation, regarding the notification, consideration, or offer of loss mitigation options.
(Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1, eff. Dec. 1, 2013.)
§ 4632 Opportunity to mediate
(a) In an action for foreclosure subject to this subchapter, whenever the mortgagor requests mediation prior to four months after judgment is entered and before the end of the redemption period specified in the decree, the court shall refer the case to mediation pursuant to this subchapter, except that the court may:
(1) for good cause, shorten the four-month period or thereafter decline to order mediation; or
(2) decline to order mediation if the mortgagor requests mediation after judgment has been entered and the court determines that the mortgagor is attempting to delay the case, or the court may for good cause decline to order mediation if the mortgagor requests mediation after judgment has been entered.
(b) Unless the mortgagee and mortgagor agree otherwise or the court so orders for good cause shown, all mediation shall be completed prior to the expiration of the redemption period specified in the decree and within 120 days of the mediator’s appointment. The redemption period shall not be stayed on account of pending mediation.
(c) In an action for foreclosure of a mortgage subject to this subchapter, the mortgagee shall serve upon the mortgagor two copies of the notice described in subsection (d) of this section with the summons and complaint. The Supreme Court may by rule consolidate this notice with other foreclosure-related notices as long as the consolidation is consistent with the content and format of the notice under this subsection.
(d) The notice required by subsection (c) of this section shall:
(1) be on a form approved by the Court Administrator;
(2) advise the homeowner of the homeowner’s rights in foreclosure proceedings under this subchapter;
(3) state the importance of participating in mediation even if the homeowner is currently communicating with the mortgagee or servicer;
(4) provide contact information for legal services; and
(5) incorporate a form that can be used by the homeowner to request mediation from the court.
(e) The Vermont Bar Association (VBA) shall have the authority to establish a fair and neutral mediator-selection process. If the mortgagee and mortgagor are unable to select a mediator through the selection process established by the VBA, the court shall appoint a qualified mediator for the case.
(Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1, eff. Dec. 1, 2013.)
§ 4633 Mediation
(a) During all mediations under this subchapter:
(1) The parties shall address the available foreclosure prevention tools and, if disputed, the amount due on the note for the principal, interest, and costs or fees.
(2) The mortgagee shall use and consider available foreclosure prevention tools, including reinstatement, loan modification, forbearance, and short sale, and the applicable government loss mitigation program requirements and any related “net present value” calculations used in considering a loan modification conducted under this subchapter.
(3) The mortgagee shall produce for the mortgagor and mediator:
(A) if a modification or other agreement is not offered, an explanation why the mortgagor was not offered a modification or other agreement; and
(B) for any applicable government loss mitigation program, the criteria for the program and the inputs and calculations used in determining the homeowner’s eligibility for a modification or other program.
(4) Where the mortgagee claims that a pooling and servicing or other similar agreement prohibits modification, the mortgagee shall produce a copy of the agreement. All agreement documents shall be confidential and shall not be included in the mediator’s report.
(b)(1) In all mediations under this subchapter, the mortgagor shall make a good faith effort to provide to the mediator within a time determined by the court or mediator information on his or her household income, and any other information required by any applicable government loss mitigation program.
(2) Within 45 days of appointment, the mediator shall hold a premediation telephone conference to help the mortgagee and mortgagor complete any necessary document exchange and address other premediation issues. At the premediation telephone conference, the mediator shall at a minimum document and maintain records of the progress the mortgagee and mortgagor are making on financial document production, any review of information that occurs during the conference, any request for additional information, the anticipated time frame for submission of any additional information and the lender’s review of the information, the scheduling of the mediation session, and which of the persons identified in subdivision (d)(1) of this section will be present in person at the mediation or that the parties and the mediator have agreed pursuant to subsection (e) of this section that personal presence at the mediation is not required.
(3) During the mediation, the mediator shall document and maintain records of:
(A) agreements about information submitted to the mediator;
(B) whether a modification or other foreclosure alternative is available and, if so, the terms of the modification;
(C) if a modification or other foreclosure alternative is not available, the reasons for the unavailability; and
(D) the steps necessary to finalize the mediation.
(c) The parties to a mediation under this subchapter shall cooperate in good faith under the direction of the mediator to produce the information required by subsections (a) and (b) of this section in a timely manner so as to permit the mediation process to function effectively.
(d)(1) The following persons shall participate in person or by telephone in any mediation under this subchapter:
(A) the mortgagee, or any other person, including the mortgagee’s servicing agent, who meets the qualifications required by subdivision (2) of this subsection (d);
(B) counsel for the mortgagee; and
(C) the mortgagor, and counsel for the mortgagor, if represented.
(2) The mortgagee or mortgagee’s servicing agent, if present, shall have:
(A) authority to agree to a proposed settlement, loan modification, or dismissal of the foreclosure action;
(B) real-time access during the mediation to the mortgagor’s account information and to the records relating to consideration of the options available in subdivisions (a)(2) and (a)(3) of this section, including the data and factors considered in evaluating each such foreclosure prevention tool; and
(C) the ability and authority to perform government loss mitigation program-related “net present value” calculations and to consider other options available in subdivisions (a)(2) and (a)(3) of this section during the mediation.
(e) The mediator may permit a party identified in subdivision (d)(1) of this section to participate in mediation by telephone or videoconferencing. The mortgagee and mortgagor shall each have at least one of the persons identified in subdivision (d)(1) of this section present in person at the mediation unless all parties and the mediator agree otherwise in writing.
(f) The mediator may include in the mediation process under this subchapter any other person the mediator determines would assist in the mediation.
(g) Unless the mortgagee and mortgagor agree otherwise, all mediations under this subchapter shall take place in the county in which the foreclosure action is brought pursuant to subsection 4932(a) of this title.
(Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1, eff. Dec. 1, 2013.)
§ 4634 Mediation report
(a) Within seven days of the conclusion of any mediation under this subchapter, the mediator shall report in writing the results of the process to the court and both parties, and shall provide a copy of the report to the Office of the Attorney General for data collection purposes. The report submitted to the Attorney General’s office shall include, in addition to the information identified in subsection (b) of this section, all applicable government loss mitigation program criteria, inputs, and calculations performed prior to or during the mediation and all information related to the requirements in subsection 4633(a) of this title. The report submitted to the Attorney General’s office shall be confidential, and shall be exempt from public copying and inspection under 1 V.S.A. § 317, provided that any public report by the Attorney General may include information in aggregate form.
(b) The report required by subsection (a) of this section shall not disclose the mediator’s assessment of any aspect of the case or substantive matters discussed during the mediation, except as is required to report the information required by this section. The report shall contain all of the following items:
(1) The date on which the mediation was held, including the starting and finishing times.
(2) The names and addresses of all persons attending, showing their role in the mediation and specifically identifying the representative of each party who had decision-making authority.
(3) A summary of any substitute arrangement made regarding attendance at the mediation.
(4) [Repealed.]
(5) The results of the mediation, stating whether full or partial settlement was reached and appending any agreement of the parties.
(6)(A) A statement as to whether any person required under subsection 4633(d) of this title to participate in the mediation failed to:
(i) attend the mediation;
(ii) make a good faith effort to mediate; or
(iii) supply documentation, information, or data as required by subsections 4633(a)-(c) of this title.
(B) If a statement is made under subdivision (A) of this subdivision (6), it shall be accompanied by a brief description of the applicable reason for the statement.
(Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1; 2015, No. 23, § 145.)
§ 4635 Compliance with obligations
(a) Upon receipt of a mediator’s report required by subsection 4634(a) of this title, the court shall determine whether the mortgagee or servicer has complied with all of its obligations under subsection 4633(a) of this title, and, at a minimum, with any applicable government loss mitigation program requirements. The court may make such a determination without a hearing unless the court, in its discretion, determines that a hearing is necessary.
(b) If the mediator’s report includes a statement under subdivision 4634(b)(6) of this title, or if the court makes a determination of noncompliance with the requirements under subsection 4635(a) of this title, the court may impose appropriate sanctions against the noncomplying party, including:
(1) tolling of interest, fees, and costs;
(2) reasonable attorney’s fees;
(3) monetary sanctions;
(4) dismissal without prejudice; and
(5) prohibiting the mortgagee from selling or taking possession of the property that is the subject of the action with or without opportunity to cure as the court deems appropriate.
(c) No mediator shall be required to testify in an action subject to this subchapter.
(Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1.)
§ 4636 Repealed
[Repealed]
2013, No. 8, § 1, eff. December 1, 2013.
§ 4637 No waiver of rights; costs of mediation
(a) The parties’ rights in a foreclosure action are not waived by their participation in mediation under this subchapter.
(b) The mortgagee shall pay the required costs for any mediation under this subchapter except that the mortgagor shall be responsible for the mortgagor’s own costs, including the cost of the mortgagor’s attorney, if any, and travel costs.
(c) If the foreclosure action results in a sale with a surplus, the mortgagee may recover the full cost of mediation to the extent of the surplus. Otherwise, the mortgagee may not shift to the mortgagor the costs of the mortgagee’s or the servicing agent’s attorney’s fees or travel costs related to mediation but may shift up to one-half of the costs of the mediator.
(Added 2009, No. 132 (Adj. Sess.), § 4.)
Chapter 165 Confession of Judgment
§ 4671 Justice may take confession of judgment
A justice may accept and record a confession of a debt to a creditor made by a debtor personally, either with or without antecedent process, as the parties shall agree, and render judgment on such confession; but such judgment shall not be rendered except upon a specification in writing filed with such justice, setting forth the claim upon which the judgment is rendered.
§ 4672 Effect on attachments
A judgment so rendered by confession, after the commencement of the suit, shall have the same effect to hold property attached or bail taken on mesne process, as if judgment had been rendered in the ordinary course of proceedings; but a confession of judgment by a debtor, after an action commenced against him or her, shall not be effectual to hold property attached where the same property has been subsequently attached by other creditors, as against them, unless the consent of all subsequent attaching creditors to such confession has been previously obtained in writing.
§ 4673 Trustee actions
In an action in which a trustee is summoned, the plaintiff may accept the tender of confession of judgment by the defendant therein without prejudice to such action. Upon filing the same in court, the cause shall proceed as if it were made in open court.
Chapter 167 Declaratory Judgments Act
§ 4711 Declaratory judgment; scope
Superior Courts within their jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding shall not be open to objection on the grounds that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect. Such declarations shall have the force and effect of a final judgment or decree.
(Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 81, eff. Feb. 1, 2011.)
§ 4712 Party plaintiff; power to construe
A person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
§ 4713 Before breach of contracts
A contract may be construed either before or after there has been a breach thereof.
§ 4714 Fiduciaries; executors
A person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a person lacking mental capacity, or a person without financial resources, may have a declaration of rights or legal relations in respect thereto:
(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or
(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
(Amended 2013, No. 96 (Adj. Sess.), § 48.)
§ 4715 Construction; general powers of court
The enumeration in sections 4712-4714 of this title does not limit or restrict the exercise of the general powers conferred in section 4711 of this title, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
§ 4716 Refusal to enter judgment; discretion of court
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
§ 4717 Review
All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
§ 4718 Further proceedings
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. When the application is deemed sufficient, on reasonable notice, the court shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
§ 4719 Jury trial
When a proceeding under this chapter involves the determination of an issue of fact, or a mixed issue of law and fact, such issue may be tried in the court in which the proceeding is pending and determined in the same manner as issues of fact and mixed issues of law and fact are tried and determined in other civil actions, with the right to trial by jury preserved to the parties, on any issue as to which such right would have existed in an action for affirmative relief.
(Amended 1963, No. 176, § 1; 1971, No. 185 (Adj. Sess.), § 130, eff. March 29, 1972.)
§ 4720 Costs
In any proceedings under this chapter, the court may make such award of costs as may seem equitable and just.
§ 4721 Parties
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard. If the statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General shall also be served with a copy of the proceeding and be entitled to be heard.
§ 4722 Construction
This chapter is declared to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations and it is to be liberally construed and administered.
§ 4723 Definition
The word “person” wherever used in this chapter shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
§ 4724 Separability of provisions
The several sections and provisions of this chapter, except sections 4711 and 4712, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.
§ 4725 Uniformity of interpretation
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and as far as possible to harmonize with federal laws and regulations on the subject of declaratory judgments and decrees.
Chapter 169 Ejectment
Subchapter 1 General Provisions
§ 4761 When maintainable; parties
A person having claim to the seisin or possession of lands, tenements, or hereditaments shall have an action of ejectment, according to the nature of the case, which shall be brought as well against the landlord, if any, as against the tenant in possession of the premises, or against a person that is occupying a dwelling unit, for which subleasing is prohibited pursuant to a written rental agreement, without right or permission pursuant to 9 V.S.A. § 4456b(a)(2); and, if otherwise brought, on motion, the same shall be abated. Tenants in common of lands may join in an action concerning their common interest in such lands.
(Amended 2015, No. 126 (Adj. Sess.), § 4.)
§ 4762 When judgment shall not prejudice landlord
When the plaintiff neglects to join the landlord, if any, with the tenant in such action, or by collusion with the tenant recovers judgment against him or her for the seisin of lands, such landlord shall not be prejudiced thereby, but shall be held to have the prior possession in a trial thereafter had of his or her right to such lands against the person so recovering, or a person deriving claim from him or her.
§ 4763 When all tenants are not sued; disclaimer
The writ in the action of ejectment shall not abate because all the tenants are not sued, but those on whom service is made shall answer for such part of the premises only as they set forth in their answer, and disclaim as to the remainder. If a defendant disclaims as to the whole, he or she shall recover his or her costs, unless the plaintiff proves such defendant in possession of all or part of the premises demanded at the commencement of the action.
§ 4764 Recovery according to right
On trial in an action of ejectment, the plaintiff shall recover on the merits, according to his or her right.
§ 4765 Damages; transfer of title pending action
If judgment is rendered for the plaintiff in an action of ejectment, he or she shall recover his or her damages and the seisin and possession of the premises. If the title of the plaintiff expires or is conveyed by him or her after the commencement of such action, the suit shall not thereby fail, but the plaintiff may recover judgment for his or her damages for the detention of the premises during the continuance of his or her title, with costs.
§ 4766 Effect of judgment
While remaining in force, the judgment recovered in an action of ejectment shall be conclusive against the parties thereto, their heirs, and assigns.
§§ 4767-4772 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4773 Ejectment for nonpayment of rent; proof; payment
In actions of ejectment for nonpayment of rent, the plaintiff shall not be required to prove a demand of the rent in arrear or a stipulation for reentry on nonpayment of rent or a reentry on the premises, but shall recover judgment as if the rent in arrear had been demanded and reentry made. Before a writ of possession is executed, if the defendant pays into court all rent due through the end of the current rental period, including interest and the costs of suit, the action shall be discontinued. A defendant may not defeat an ejectment action by payment of all rent in arrears, interest, and court costs more than one time in 12 months. The 12-month period shall begin on the day the payment is made.
(Amended 2007, No. 176 (Adj. Sess.), § 50.)
Subchapter 2 Complaint for Betterments Following Judgment in Ejectment Suit
§ 4811 When and for what maintainable
When the plaintiff commences an action of ejectment, the defendant shall counterclaim for the value of the improvements made upon the land by him or her or by those under whom he or she claims, if he or she or his or her predecessors in title purchased the land recovered in the action, supposing the title to be good in fee at the time of the purchase, or if he or she or his or her predecessors in title took a lease of the land supposing that lease to convey the title and interest therein expressed at the time the lease was accepted. Recovery on the counterclaim shall be contingent on the plaintiff’s recovery on the claim for ejectment. The increase in the value of the land in consequence of betterments so made shall be held to be the value of the betterments.
(Amended 1971, No. 185 (Adj. Sess.), § 131, eff. March 29, 1972.)
§ 4812 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4813 Proceedings in ejectment stayed; lands charged
Final judgment shall not be entered upon the claim for ejectment until entry of final judgment on the counterclaim. The lands recovered by the plaintiff shall be held to respond to any judgment on the counterclaim for the defendant as if those lands had been attached on mesne process.
(Amended 1971, No. 185 (Adj. Sess.), § 132, eff. March 29, 1972.)
§ 4814 Improvements considered
The damages in the action of ejectment arising from mesne profits shall be such only as are just and equitable, in view of improvements made upon the premises by the defendant or those under whom he or she claims.
§ 4815 Execution to issue against land only
Execution on a judgment rendered on a counterclaim for betterments shall issue only against the land recovered in the action of ejectment, and not against the body or the other lands or the goods and chattels of the plaintiff in that action.
(Amended 1971, No. 185 (Adj. Sess.), § 133, eff. March 29, 1972.)
§ 4816 When execution or writ of possession may issue
When the defendant recovers judgment on his or her counterclaim for betterments, execution shall not issue thereon until four months from its rendition. The writ of possession in the action of ejectment shall be further stayed for the same time, unless the plaintiff in the action pays to the defendant therein or to the clerk of the court to the use of the defendant the full amount of the judgment on the counterclaim for betterments. In that case, a writ of possession may immediately issue.
(Amended 1971, No. 185 (Adj. Sess.), § 134, eff. March 29, 1972.)
§ 4817 When entry was under contract
Sections 4811-4816 of this title relating to betterments shall not extend to a person who has entered on land under a contract made with the legal owner, unless it appears on trial of the counterclaim for betterments that the owner has not fulfilled the contract.
(Amended 1971, No. 185 (Adj. Sess.), § 135, eff. March 29, 1972.)
§ 4818 Remedy against voucher
Sections 4811-4817 of this title shall not deprive a person of cause of action against his or her voucher, and the voucher may present evidence, in mitigation of damages, of the recovery of the defendant for betterments.
(Amended 1971, No. 185 (Adj. Sess.), § 136, eff. March 29, 1972.)
§ 4819 Dismissal by plaintiff
Further proceedings shall not be had on the counterclaim for betterments when the judgment is awarded to the plaintiff on his or her claim of title and he or she, within 30 days of the rendition of judgment, shall lodge with the clerk a warranty deed to the defendant of the lands so recovered and the plaintiff dismisses the action.
(Amended 1971, No. 185 (Adj. Sess.), § 137, eff. March 29, 1972.)
§ 4820 Valuation determined
After such deed is so lodged, the court shall appoint a committee of three disinterested persons from the vicinity in which the land lies, who, on oath, shall ascertain what would then have been the value of such land if betterments had not been made thereon, and make and return a report thereof in writing to the clerk of the court within 30 days from the date of the determination of the matter.
§ 4821 Value paid; no further proceedings
Further proceedings shall not be had on the judgment rendered in the action of ejectment, when the defendant pays to the plaintiff or to the clerk of the court for the use of the plaintiff or his or her legal representatives, the sum reported by the committee, with the costs of suit and after-proceedings, and the interest thereon, within four years from filing the deed as aforesaid, in four equal and annual payments of which the first shall be within one year from the time of filing the deed.
§ 4822 Value not paid; writ to issue
When the defendant does not pay an installment of the sum so reported, with costs and interest from the date of the deed, such deed shall be returned to the plaintiff, and the writ of possession and execution for the costs shall issue accordingly.
§ 4823 Rights of a representative
When either party dies pending the proceedings as to betterments, his or her executor or administrator may do, as to such proceedings for betterments, whatever the deceased party could have done had he or she been living. A conveyance by an executor or administrator, agreeably to this chapter, shall convey the title of the person whom he or she represents, to the land recovered.
§ 4824 Previous limitations not to apply
The provisions of this chapter relating to betterments shall extend to the cases therein provided for, as though acts of limitation or sections of such acts had not been passed.
Subchapter 3 Superior Court Ejectment
§ 4851 Issuance of process by Superior judge
When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease by its own limitation or after breach of a stipulation contained in the lease by the lessee or a person holding under the lessee, the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore him or her to the possession thereof.
(Amended 1971, No. 185 (Adj. Sess.), § 138, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 28, eff. April 9, 1974; 1989, No. 221 (Adj. Sess.), § 7, eff. Oct. 1, 1990.)
§ 4852 Mode of process; declaration; trial by jury
The process may issue as a summons or writ of attachment, requiring the defendant to appear and answer to the complaint of the plaintiff which shall state that the defendant is in the possession of the lands or tenements in question (describing them), which the tenant holds unlawfully and against the right of the plaintiff. A copy of the rental agreement, if any, and any notice to terminate the defendant’s tenancy shall be attached to the complaint. Either party shall have the right to a trial by jury.
(Amended 1971, No. 185 (Adj. Sess.), § 139, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 29, eff. April 9, 1974; 1999, No. 115 (Adj. Sess.), § 9.)
§ 4853 Service of process
The process shall be served and notice given as in other civil actions.
(Amended 1971, No. 185 (Adj. Sess.), § 140, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 30, eff. April 9, 1974.)
§ 4853a Payment of rent into court; expedited hearing
[Subsection (a) as amended by 2007, Act No. 125 (Adj. Sess.), § 1.]
(a) In any action against a tenant for possession, the landlord may file a motion for an order that the tenant pay rent into court. The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by affidavit setting forth particular facts in support of the motion.
[Subsection (a) as amended by 2007, Act No. 176 (Adj. Sess.), § 51.]
(a) In any action against a tenant for possession brought in accordance with this chapter, 9 V.S.A. chapter 137, 10 V.S.A. chapter 153, or 11 V.S.A. chapter 14, the landlord may file a motion for an order that the tenant pay rent into court. The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by affidavit setting forth particular facts in support of the motion.
(b) A hearing on the motion shall be held any time after 14 days’ notice to the parties. If the tenant appears at the hearing and has not been previously defaulted, the court shall not enter judgment by default unless the tenant fails to file a written answer within 14 days after the hearing. Any rent escrow order shall remain in effect notwithstanding the issuance of a default judgment but shall cease upon execution of a writ of possession.
(c) Any memorandum in opposition filed by the defendant pursuant to Rule (7)(b)(6) of the Vermont Rules of Civil Procedure shall be accompanied by affidavit setting forth particular facts in support of the memorandum.
(d) If the court finds the tenant is obligated to pay rent and has failed to do so, the court shall order full or partial payment into court of rent as it accrues while the proceeding is pending and rent accrued from the date of filing with the court the complaint for ejectment or the date the summons and complaint for ejectment were served on the tenant pursuant to Rule 3 of the Vermont Rules of Civil Procedure, whichever occurs first.
(e) All funds paid into court shall be made payable to the court clerk by money order, certified check, cash, or any other means that guarantees the availability of the funds for distribution after a hearing on the merits. The funds shall be distributed forthwith in accordance with the final order from the trial court.
(f) The landlord may at any time by motion apply to the court for disbursement of all or part of the funds paid into court. The motion for disbursement shall be accompanied by affidavit setting forth particular facts in its support. If the court finds that the landlord is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income, it may award all or any portion of the funds under deposit to the landlord.
(g) The tenant may at any time by motion apply to the court to reduce the amount ordered to be paid into court under this section. The motion for reduction shall be accompanied by affidavit setting forth particular facts in its support.
(h) If the tenant fails to pay rent into court in the amount and on the dates ordered by the court, the landlord shall be entitled to judgment for immediate possession of the premises. The court shall forthwith issue a writ of possession directing the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not earlier than seven days after the writ is served, or, in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 30 days after the writ is served, to put the plaintiff into possession.
(Added 1985, No. 175 (Adj. Sess.), § 3; amended 1993, No. 141 (Adj. Sess.), § 12, eff. May 6, 1994; 1999, No. 115 (Adj. Sess.), § 3; 2007, No. 125 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 51; 2017, No. 11, § 18; 2021, No. 147 (Adj. Sess.), § 1, eff. May 31, 2022; 2023, No. 46, § 8, eff. June 5, 2023.)
§ 4853b Unlawful occupant; expedited hearing
(a)(1) In an action for ejectment, the landlord, the landlord’s agent, or the tenant may file a motion for a judgment that the plaintiff is entitled to immediate possession of the premises on the grounds that the defendant is a person that is occupying a dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2).
(2) The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by an affidavit setting forth particular facts in support of the motion and a copy of the lease agreement.
(b) A hearing on the motion shall be held any time after 10 days’ notice to the parties.
(c) At any time before the hearing, the defendant may oppose the motion pursuant to Rule (7)(b)(6) of the Vermont Rules of Civil Procedure by filing an affidavit, a signed written statement, or a memorandum in opposition to the motion. The affidavit, signed written statement, or memorandum shall set forth particular facts to show that a genuine dispute of fact exists in relation to the motion.
(d)(1) If the defendant fails to appear for the hearing, or to file an affidavit, signed written statement, or memorandum in opposition to the plaintiff’s motion, or has failed to file an answer in the time provided pursuant to Rule 12 of the Vermont Rules of Civil Procedure, the plaintiff shall be entitled to judgment by default for immediate possession of the premises.
(2) If the court finds that the defendant is a person that is occupying the dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2), the court shall grant the plaintiff’s motion and issue judgment in favor of the plaintiff for immediate possession of the premises.
(e) If the court issues judgment in favor of the plaintiff pursuant to subsection (d) of this section, the court shall, on the date judgment is entered, issue a writ of possession directing the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not sooner than five days after the writ is served, to put the plaintiff into possession.
(f) At any time prior to the execution of the writ of possession, the defendant may file an affidavit, signed written statement, or a motion with the court setting forth facts demonstrating that the defendant is occupying the premises lawfully. The court shall treat an affidavit, signed written statement, or a motion filed under this subsection as a motion pursuant to Rule 59 or 60 of the Vermont Rules of Civil Procedure, as appropriate.
(Added 2015, No. 126 (Adj. Sess.), § 5; amended 2021, No. 147 (Adj. Sess.), § 2, eff. May 31, 2022.)
§ 4854 Judgment for plaintiff; writ of possession
If the court finds that the plaintiff is entitled to possession of the premises, the plaintiff shall have judgment for possession and rents due, damages, and costs, and when a written rental agreement so provides, the court may award reasonable attorney’s fees. A writ of possession shall issue on the date judgment is entered, unless the court for good cause orders a stay. The writ shall direct any sheriff to serve the writ upon the defendant and, not earlier than 14 days after the writ is served, to put the plaintiff into possession.
(Amended 1979, No. 2, § 1, eff. Feb. 14, 1979; 1985, No. 175 (Adj. Sess.), § 2; 1999, No. 115 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 52; 2017, No. 11, § 19; 2025, No. 13, § 1, eff. May 5, 2025.)
§ 4854a Property of tenant remaining on premises after eviction
(a) A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property:
(1) 15 days after a writ of possession is served pursuant to this chapter or upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this chapter, whichever is later; or
(2) in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 40 days after a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased premises by a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title, whichever is later.
(b) Notwithstanding subsection (a) of this section, if the court stays the execution of a writ of possession issued pursuant to this chapter, then a landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property one day after the landlord is legally restored to possession of the dwelling unit or leased premises.
(Added 2011, No. 137 (Adj. Sess.), § 11, eff. May 14, 2012; amended 2015, No. 9, § 1.)
§ 4855 Close jail execution, when not to issue
When such judgment includes rent for the use of leased premises prior to the giving of notice to quit, the court shall not certify on an execution issued thereon that the cause of action arose from the willful and malicious act and neglect of the defendant, and that the defendant ought to be confined in close jail.
§ 4856 Judgment for defendant; execution
When the plaintiff’s complaint is dismissed or he or she does not prove his or her right to the possession, the defendant shall have judgment for his or her costs, and execution therefor.
(Amended 1971, No. 185 (Adj. Sess.), § 141, eff. March 29, 1972.)
§§ 4857, 4858 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 4859 Repealed
[Repealed]
1985, No. 175 (Adj. Sess.), § 7.
Chapter 171 Entry or Detainer
§ 4911 Entry or detainer with force; forcible entry prohibited
A person shall not make entry into lands, tenements, or other possessions, except where entry is given by law; and in such case, not with strong hand nor with multitude of people, but only in a peaceable manner. A person who violates a provision of this section shall be fined as hereinafter provided.
§ 4912 Trial of forcible entry and detainer
A district judge may inquire by a jury against those who make unlawful and forcible entry into lands, tenements, or other possessions and with strong hand detain the same, and against those who, having made a lawful and peaceable entry into lands and tenements, unlawfully and by force hold the same.
(Amended 1973, No. 249 (Adj. Sess.), § 31, eff. April 9, 1974.)
§ 4913 Restitution
When it is found upon such inquiry that an unlawful and forcible entry has been made, and that such lands, tenements, or other possessions are held and detained by force and strong hand or that the same, after a lawful entry, are held unlawfully and with force, the judge shall cause the party complaining to have restitution thereof.
(Amended 1973, No. 249 (Adj. Sess.), § 32, eff. April 9, 1974.)
§ 4914 Complaint and warrant
When a complaint is formally made in writing, to a district judge of such unlawful or forcible entry or detainer, he or she shall issue a warrant returnable within such county not less than six business days thereafter, which shall be directed to the sheriff, commanding such officer to apprehend the person against whom such complaint is made and bring him or her before the district judge having jurisdiction.
(Amended 1973, No. 249 (Adj. Sess.), § 33, eff. April 9, 1974; 2017, No. 11, § 20.)
§ 4915 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 4916 Verdict of guilty, restitution ordered when; fine
When the jury finds the person against whom the complaint is made guilty of such forcible entry or detainer, the district judge shall enter up judgment for the complainant to have restitution of the premises, and impose such fine, not exceeding $10.00, as he or she thinks just. The judge shall tax costs for the complainant, and may commit the person against whom the judgment is rendered until the fine and costs are paid, and shall also award his or her writ of restitution.
(Amended 1973, No. 249 (Adj. Sess.), § 34, eff. April 9, 1974.)
§ 4917 Costs; verdict guilty
In his or her writ of restitution, the district judge may order the costs taxed to be levied.
(Amended 1973, No. 249 (Adj. Sess.), § 35, eff. April 9, 1974.)
§ 4918 Costs; verdict not guilty
When the jury finds that the person complained against is not guilty, the district judge shall tax costs against the complainant, and issue execution accordingly. Costs shall not be taxed against such complainant when the party complained against does not appear at the trial.
(Amended 1973, No. 249 (Adj. Sess.), § 36, eff. April 9, 1974.)
§ 4919 Proceedings when respondent cannot be found
When the sheriff or his or her deputy cannot find the party against whom the warrant is issued, six business days before the time appointed for returning the same, he or she may leave a true and attested copy thereof at the usual place of abode of such person. If, at the return of the warrant, he or she cannot find or apprehend the person against whom it issued, he or she shall make a return of such fact of the time he or she so left a copy. If the party complained against does not appear at the time appointed for trial, a district judge, in his or her discretion, may adjourn or proceed with the case, but shall not impose a fine at such hearing.
(Amended 1973, No. 249 (Adj. Sess.), § 37, eff. April 9, 1974; 2017, No. 11, § 21.)
§ 4920 Trespass for treble damages
The complainant in an action for forcible entry and detainer, who recovers against the person complained of, may recover treble damages, with costs of suit, by an action for trespass against the offender.
§ 4921 Entry or detainer without force—complaint; trial; writ of restitution
When a person wrongfully and without force obtains or continues in possession of lands or tenements, and does not quit such possession after demand made in writing for the delivery of the possession thereof by the person entitled to such possession or his or her agent or attorney, upon complaint thereof in writing to a district judge, the judge shall hear and determine the same as in cases of forcible entry and detainer, and issue a writ of restitution accordingly.
(Amended 1973, No. 249 (Adj. Sess.), § 38, eff. April 9, 1974.)
§ 4922 Mode of original process; no fine
As in civil causes, the original process in such proceeding shall be by summons or attachment, and the person complained against shall not be fined.
§ 4923 Action of trespass to recover damages
The complainant who recovers against the person complained of in an action of entry and detainer commenced under the provisions of section 4921 of this title may recover treble damages from the time of notice given to quit the premises. Up to the time of such notice, actual damages only are recoverable in an action for trespass against the offender.
§ 4924 Exceptions
Section 4921 of this title shall not apply where a person, with or without force, holds over lands or tenements after the determination of the time for which the same were leased or demised, by a written lease or agreement accepted by the tenant or to a person holding under the lessee.
§ 4925 Repealed
[Repealed]
1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 4926 Limitation of action
An action shall not be maintained under this chapter against a person who has continued in possession three years after the determination of the time for which the premises are demised or let to him or her or those under whom he or she claims, or against a person who for three years has had continuous, uninterrupted, and peaceable possession of lands, tenements, or other possessions.
Chapter 172 Foreclosure of Mortgages
Subchapter 1 General Provisions
§ 4931 Definitions
As used in this chapter:
(1) “Agricultural activity” includes the growing, raising, and production of horticultural and silvicultural crops, grapes, berries, trees, fruit, poultry, livestock, grain, hay, and dairy products.
(2) “Dwelling house” means a residential structure or mobile home which contains one to four family housing units, or individual units of condominiums or cooperatives, other than a time-share in a unit, each of which is used or intended to be used as a residence. For the purposes of this subdivision, “time-share” means a time-share estate as defined by 32 V.S.A. § 3619(a).
(3) “Farmland” means land devoted primarily to commercial agricultural activities.
(4) “Value” means market value less all reasonable expenses that would be incurred in selling the property. Market value for purposes of this section may be determined based on evidence of market value deemed by the court to be reasonably reliable, which may include grand list valuation and the common level of appraisal used in the town where the property is located, if the court finds such evidence to be reasonably reliable.
(Added 2011, No. 102 (Adj. Sess.), § 1; amended 2013, No. 102 (Adj. Sess.), § 4.)
§ 4932 Venue; joinder of parties; recording
(a) Actions to foreclose a mortgage under subchapter 2 or 3 of this chapter shall be brought in the Civil Division of the Superior Court for the county where the land lies, or, if the land described in the mortgage lies in more than one county, then in one of the counties in which the land lies.
(b) The plaintiff shall file a copy of the complaint in the town clerk’s office in each town where the mortgaged property is located. The clerk of the town shall minute on the margin of the record of the mortgage that a copy of foreclosure proceedings on the mortgage is filed. The filing shall be sufficient notice of the pendency of the action to all persons who acquire any interest or lien on the mortgaged premises between the dates of filing the copy of foreclosure and the recording of the final judgment in the proceedings. Without further notice or service, those persons shall be bound by the judgment entered in the cause and be foreclosed from all rights or equity in the premises as completely as though they had been parties in the original action.
(c) If the mortgaged property is subject to a residential rental agreement, as defined in 9 V.S.A. § 4451:
(1) The plaintiff shall join as a party defendant any person occupying the mortgaged property pursuant to a residential rental agreement as of the date the copy of the complaint is recorded in the land records. Service of the complaint on the tenant shall be sufficient if mailed to the tenant by first class mail at the address specified in the rental agreement, if the agreement is recorded, or to the “occupant” at the address of the leased premises if the agreement is not recorded.
(2) The summons and complaint served on any person occupying the premises pursuant to a residential rental agreement shall contain the following notice, written in at least 14-point type:
THE PROPERTY IN WHICH YOU LIVE IS BEING FORECLOSED UPON. YOU ARE NAMED AS A DEFENDANT IN THE FORECLOSURE BECAUSE YOUR RIGHT TO REMAIN ON THE PREMISES MAY END WHEN THE FORECLOSURE IS COMPLETED. YOU MUST NOTIFY THE COURT OF YOUR NAME AND ADDRESS IN ORDER TO BE KEPT INFORMED OF THE STATUS OF THE FORECLOSURE.
(3) Upon receipt of the complaint, the owner of the mortgaged property shall notify each tenant who enters into a residential rental agreement that the premises are the subject of a pending foreclosure action and that, in the event the owner is unable to redeem the premises, the tenant may be required to vacate the premises upon 30 days’ notice, or upon such other notice as is required by federal law, whichever is longer. The failure of the owner to provide notice under this subsection shall not affect or invalidate the foreclosure action.
(d) All proceedings shall be before the Superior judge alone, and trial shall be without jury.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4933 Repealed
[Repealed]
2019, No. 20, § 105.
§ 4934 Supplemental judgment joining parties; recording
At any time, without further notice or service on the purchaser or mortgagor or lienholder whose interest in the property being foreclosed first arose after the filing of the complaint in the town clerk’s office, and upon filing certified copies of the deed, mortgage, or attachment with the clerk of the court by the plaintiff in the foreclosure action, any Superior judge may sign a supplemental judgment specifically naming that party. Reference to the deed, mortgage, or lien and the supplemental judgment may be filed in the town clerk’s office for record, and it shall have the same force and effect as though that person had been made a party defendant in the original action.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4935 Taxes paid by mortgagee
A tax assessed upon mortgaged real estate in this State may be paid by the mortgagee or assignee of the mortgage upon such property. The amount so paid, including costs, if any, shall thereupon be added to and become a part of the debt or obligation secured by such mortgage.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4936 Foreclosure of real or personal property
A mortgage or a security agreement constituting a lien on both real and personal property to secure the payment of a debt, whether evidenced by one or more instruments, may be foreclosed in an action under subchapter 2 or 3 of this chapter.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4937 Attorney’s fees
When a mortgage contains an agreement on the part of the mortgagor to pay the mortgagee, in the event of foreclosure, the attorney’s fees incident thereto, and claim is made therefor in the complaint, the court in which the complaint is brought shall allow such fee as in its judgment is just.
(Added 2011, No. 102 (Adj. Sess.), § 1; amended 2025, No. 64, § 7, eff. June 12, 2025.)
§ 4938 Effect on bankruptcy proceedings
Nothing in this chapter shall be construed to supersede any provision of Title 11 of the United States Code.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4939 Appeals
When a judgment is for the foreclosure of a mortgage, permission of the court shall be required for review.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
Subchapter 2 Strict Foreclosure
§ 4941 Decree foreclosing equity of redemption; writ of possession
(a) In any action for foreclosure with regard to any mortgage encumbering property, the court may, if no sale is requested by the plaintiff or ordered by the court pursuant to subsection (b) of this section, issue a judgment and decree of foreclosure without requiring a judicial sale of the premises.
(b) In an action brought under subsection (a) of this section, any party may by written motion request, or the court in its discretion may order, that property be sold at a judicial foreclosure sale, whether or not the mortgage contains a power of sale.
(c) No decree foreclosing the right of redemption without sale shall be issued absent a finding by the court that there is no substantial value in the property in excess of the mortgage debt found by the court to be due to the plaintiff and any other lienholder, plus assessed but unpaid property taxes due on the property. The court shall include in its order a summary of the evidence upon which its finding is based.
(d) If a decree is issued foreclosing the right of redemption without sale, the time of redemption shall be six months from the date of the decree unless a shorter time is ordered, or the mortgagor and mortgagee plaintiff agree to a shorter period. The court shall fix the period of redemption taking into consideration whether there is value in the property in excess of the mortgage debt and debt owed to junior lienholders, any assessed but unpaid property taxes, the condition of the property, and any other equities.
(e) If the premises are not redeemed agreeably to the decree, the clerk of the court shall issue a writ of possession at the plaintiff’s request. Such writ shall have the same force and effect and be executed in the same manner as similar writs issued after judgment by a court of law in ejectment proceedings. Where the premises are occupied by a residential tenant, the writ shall be served on the tenant, and the plaintiff shall be placed in possession of the property without further proceedings not sooner than 30 days after the writ is served, or upon such other time as is required by federal law, whichever is longer.
(f)(1) In an action for foreclosure under this section, if a lien or interest in such realty is held by any person or federal agency which may not be foreclosed by strict foreclosure pursuant to federal law, the court shall proceed in accordance with subchapter 3 of this chapter.
(2) In an action for foreclosure, if a lien or interest in such realty is held by any person or federal agency which may not be foreclosed by strict foreclosure pursuant to federal law, a decree may be entered providing for such period of redemption as the court may determine, and providing for a sale of the mortgaged premises at the conclusion of such period if the premises are not redeemed, and for the time, manner, and notice of sale, if required, and the application of any proceeds.
(g) In an action for foreclosure under this section, where the time of redemption has expired, the party obtaining the foreclosure shall cause a certified copy of the judgment and the certificate of nonredemption to be recorded in the office where by law a deed of the lands is required to be recorded.
(h) If the plaintiff complies with subsection (g) of this section, the expiration of the right of redemption under the decree shall foreclose the interest of subsequent purchasers, mortgagees, or attaching creditors whose interest in the property being foreclosed first arose after the filing of the complaint for foreclosure in the land records as provided in section 4932 of this chapter.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
Subchapter 3 Foreclosure by Judicial Sale
§ 4945 Judicial sale foreclosure
(a) All liens and mortgages affecting real property may, on the written motion of any party to any suit for foreclosure of such liens or mortgages, or at the discretion of the court before which the foreclosure proceedings are pending, be foreclosed by a judicial foreclosure sale, even if the mortgage does not contain a sale provision instead of a strict foreclosure.
(b) In an action for foreclosure, if a lien or interest in such realty is held by any person or federal agency which may not be foreclosed by strict foreclosure pursuant to federal law, a decree may be entered providing for such period of redemption as the court may determine, and providing for a sale of the mortgaged premises at the conclusion of such period if the premises are not redeemed, and for the time, manner, and notice of sale, if required, and the application of the proceeds therefrom.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4946 Procedure
(a) Order for judicial sale. Upon entry of a decree of judicial sale foreclosure, the court shall order that the mortgaged property be sold at a public sale if it is not redeemed within the time period allowed by the court. The public sale shall be conducted on or before six months from the expiration of the last redemption date set forth in the decree unless extended by the court or stayed by a bankruptcy filing. The time and manner of the sale shall be specified in the notice of sale required by section 4952 of this title.
(b) Time for redemption; owner-occupied dwelling house or farmland. If a decree is made foreclosing the right of redemption by judicial sale with respect to farmland or a dwelling house that is occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment, the time of redemption shall be established by the court and shall be six months from the date of the decree, unless a shorter time is ordered by the court. The court shall fix the period of redemption taking into consideration whether there is value in the mortgaged property in excess of the mortgage debt and debt owed to junior lienholders, any assessed but unpaid property taxes, the condition of the mortgaged property, and any other equities. No sale of a dwelling house when occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment may take place within seven months of service of the foreclosure complaint, unless the court orders a shortened redemption period pursuant to this section or the plaintiff and the mortgagor mutually agree to a shorter period after commencement of the action to foreclose the mortgage.
(c) Time for redemption; other property. If a decree is made foreclosing the right of redemption by judicial sale with respect to any property other than farmland or a dwelling house that is occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment, the redemption period shall be eliminated or reduced by the court to no more than 30 days.
(d) Writ of possession. Upon expiration of the period of redemption in the decree, other than farmland or a dwelling house when currently occupied by the owner as his or her principal residence, if the mortgagor or the mortgagor’s successors, heirs, or assigns have not redeemed the mortgage, any remaining rights of the mortgagor to possession shall terminate, and the clerk of the court shall issue a writ of possession at the plaintiff’s request and upon court approval. In the case of farmland or a dwelling house currently occupied by the owner as his or her principal residence when the period of redemption in the decree expires, the clerk shall issue a writ of possession at the plaintiff’s request and upon approval of the court. Such writ shall have the same force and effect and be executed in the same manner as similar writs issued after judgment by a court of law in ejectment proceedings. Where the mortgaged property is occupied by a residential tenant, the writ shall be served on the tenant, and the plaintiff shall be placed in possession of the mortgaged property without further proceedings no sooner than 30 days after the writ is served, or upon such other time as is required by federal law, whichever is longer.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4947 Foreclosure of equity of redemption; recording
(a) In an action for foreclosure under this subchapter where the time of redemption has expired, the party obtaining the foreclosure shall cause a certified copy of the judgment and the certificate of nonredemption to be recorded in the office where by law a deed of the lands is required to be recorded.
(b) If the plaintiff complies with subsection (a) of this section, the expiration of the right of redemption under the decree shall foreclose the interest of subsequent purchasers, mortgagees, or attaching creditors whose interest in the property being foreclosed first arose after the filing of the complaint for foreclosure in the land records as provided in section 4932 of this chapter.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4948 Reinstatement of mortgage prior to sale
(a) Upon agreement of the mortgagor and mortgagee, the mortgagor may reinstate or modify the loan after the expiration of the redemption period set forth in the judgment order but before the public sale. Upon reinstatement or modification of the loan, the mortgagee shall execute a waiver of foreclosure and, after receiving court approval, record it in the land records of the city or town where the mortgaged property lies. Upon recording, the waiver of foreclosure shall operate to terminate the foreclosure and restore the parties and all junior lienholders to the positions they held prior to the filing of the foreclosure, as amended by any modification agreement between the mortgagor and mortgagee.
(b) The following form of waiver of foreclosure may be used. Nothing herein shall be construed to prevent the use of other forms or to prevent alteration of the form as circumstances require:
WAIVER OF FORECLOSURE
MORTGAGEE, holder of record of a mortgage deed dated ____ , 20__ and of record in Book ____ at Page ____ of the City/Town of ______ Land Records (“the Mortgage”) executed and delivered to it by MORTGAGOR(S) covering real estate located in the Town of ______ , Vermont hereby acknowledges and agrees:
-
For the breach of the condition of the Mortgage, MORTGAGEE initiated a foreclosure action against MORTGAGOR by Complaint for Foreclosure dated ______ , 20__ which is of record in Book ____ at Page ____ of the Town of _____ Land Records.
-
That MORTGAGOR(S) has/have now cured the default and requested reinstatement of the Mortgage and the MORTGAGEE agrees to reinstate the mortgage, as amended by any modification agreement between the mortgagor and mortgagee.
NOW THEREFORE, MORTGAGEE does hereby acknowledge that it has received payment of the arrearages due it under the Mortgage and the promissory note which it secures, and in consideration thereof, does hereby waive the above-entitled foreclosure action and release unto said MORTGAGOR, his/her/its heirs, personal representatives, successors, and assigns, all claims asserted in the foreclosure action. THE MORTGAGE IS NOT DISCHARGED.
This waiver is given pursuant to 12 V.S.A. § 4948. This waiver shall have no effect on the Mortgage referenced above other than to reinstate the same, as amended by any agreement between the mortgagor and mortgagee, and the rights of all parties named in the foreclosure action, as well as the rights of any junior lienholders, remain intact, except as amended by any agreement between the mortgagor and mortgagee, as if no foreclosure had been commenced.
IN WITNESS WHEREOF, the said MORTGAGEE has caused this instrument to be executed by its duly authorized agent this ____ day of ______ , 20__ .
MORTGAGEE
By: __________
Its Duly Authorized Agent
Printed Name: ________
State of _____
County of ______
At ______ in said County and State, then personally appeared the above-named duly authorized agent who acknowledged the foregoing waiver of foreclosure to be his/her free act and deed and the free act and deed of the MORTGAGEE.
Before me, ______
Printed Name:________
Notary Public
My Commission expiration ______
The request for waiver of foreclosure is SO ORDERED this ____ day of ______ , 20__ .
Superior Court Judge
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4949 Mortgagor’s redemption prior to judicial sale
(a) The mortgagor is entitled to redeem the premises at any time prior to the public sale by paying the full amount due under the judgment order and such other amounts, including costs and expenses of sale, accruing postjudgment as agreed upon by the mortgagor and mortgagee or ordered by the court.
(b) Upon agreement of the parties, the mortgagor may redeem the premises at any time prior to the public sale by paying less than the full amount due under the judgment order. In such case, the parties to the foreclosure shall, with court approval, amend the redemption amount. Upon payment of the amended redemption amount, the court shall issue a Supervening Certificate of Redemption as evidence that the judgment amount was redeemed. Upon the recording of a certified copy of the Supervening Certificate of Redemption in the land records, the foreclosed mortgage shall be of no further force or effect and any junior lienholder shall return to the position it held prior to the filing of the foreclosure.
(c) The redemption right established by this section shall be in addition to the redemption right set forth in the decree.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4950 Reserved
[Reserved]
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4951 Judgment vacated
Notwithstanding any provision to the contrary in this chapter or other law, the mortgagor and mortgagee may stipulate and move to vacate the judgment at any time prior to the public sale. If the court approves the motion, the judgment shall be vacated and all parties, the property, and any lienholders of record in the land records will be restored to their original positions as if no foreclosure had been commenced and no judgment entered. Notwithstanding any other provision of law, this section will apply retroactively and apply to orders to vacate in existence on July 1, 2012.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4952 Sale procedures
(a) Generally. If the mortgaged property is not redeemed, the plaintiff shall sell the mortgaged property in accordance with this section, complying with all court orders and applicable power of sale provisions.
(b) Notice of sale; publication. Notice of sale shall be published once in each of three successive weeks in a newspaper of general circulation in the town where the land lies, the first publication to be no fewer than 21 days before the day of sale.
(c) Notice of sale; service. A copy of the notice of sale shall be mailed by first class mail, postage prepaid, to all parties who appeared in the foreclosure action or to their attorneys of record. If the mortgagor has not appeared in the foreclosure action, a copy of the notice of sale shall also be mailed by first class mail, postage prepaid, to the mortgagor at the mortgagor’s last known address. The notice of sale shall include the specific date, time, and location of the sale and shall be mailed after the last date of redemption in the decree but not fewer than 30 days before the date of the sale.
(d) Notice of sale; waiver. Any party entitled to be sent notice under this section may, either before or after the foreclosure sale, waive the party’s right to receive notice, in which case no foreclosure sale shall be invalid or ineffectual to foreclose that party’s rights under the mortgage. This subsection shall not apply to farmland or to a dwelling house unless approved by the court at or before the confirmation of sale.
(e) Notice of sale; form. The following form of notice of sale may be used and may be altered as circumstances require, but nothing herein shall be construed to prevent the use of other forms:
By virtue and in execution of the Power of Sale contained in a certain mortgage given by ______ to ______ and recorded in Volume ____ of the land records of the municipality of ______ , of which mortgage the undersigned is the present holder (if by assignment, or in any fiduciary capacity, give reference) for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at ______ (place) at ____ o’clock, ____ M. on the ______ day of ____ , 20__ all and singular the premises described in said mortgage,
(In case of partial releases, state exceptions.)
To wit: (Legal description of the premises.)
Terms of sale: (State here the amount, if any, to be paid in cash by the purchaser at the time of the sale, and the schedule for payment of the balance and other terms of sale.)
The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.
Other terms to be announced at the sale or inquire at _________________________________________
Signed: ______
Mortgagee (may be signed by mortgagee’s attorney)
Dated: ______ , 20__ .
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4953 Conduct and location of sale
(a) Location. The sale shall be held at the mortgaged property unless another place for sale is directed by the court. At the sale, the mortgaged property shall be sold to the highest bidder in conformance with the terms of sale set forth in the notice of sale.
(b) Adjournments. The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Notice of the new sale date shall also be sent by first class mail, postage prepaid, to the mortgagor at the mortgagor’s last known address at least five days before the new sale date. The public sale may be adjourned for a period of time in excess of 30 days by agreement of the mortgagor and mortgagee or by order of the court.
(c) Permitted bidders. Any person may bid at the sale. All bidders, except for the mortgagee plaintiff or designee, shall meet the requirements set forth in the notice of sale in order to bid at the sale.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4954 Procedure following sale
(a) Confirmation order. Following the sale, the plaintiff shall file with the court a report on oath of the sale, together with a request for confirmation of the sale, which shall include an accounting of the sale proceeds, and a proposed order confirming the sale. Copies of the report of the sale and request for confirmation shall be mailed by first class mail, postage prepaid, to all parties who appeared in the foreclosure action or to their attorneys of record and to the mortgagor at the mortgagor’s last known address. The court may issue an order of confirmation of the sale without hearing, unless the court in its discretion determines that a hearing is necessary. The order of the court confirming the sale shall be conclusive evidence as against all persons that the foreclosure and sale were conducted in accordance with this section.
(b) Transfer of title. The confirmation order shall be recorded in the land records of the town where the mortgaged property is located and shall transfer title to the mortgaged property to the purchaser upon recording.
(c) Disbursement of proceeds. In the event that the proceeds of the sale, after first deducting the reasonable expenses incurred in making the sale, exceed the amounts due to the plaintiff at the time of sale, the confirmation order shall provide for the payment of the surplus to other lienholders of record in the order of the priority of their liens. In the event that the proceeds of the sale exceed the amount due to the plaintiff and the amount due to the other defendants, the excess shall be paid to the defendant mortgagor.
(d) Deficiency. The plaintiff may request a deficiency judgment in the foreclosure complaint. The court may assess a judgment against the mortgagor for the deficiency if the proceeds of sale are insufficient to meet the expenses incurred in making the sale and the amount due to the plaintiff. If the plaintiff seeks a deficiency judgment, it shall be requested prior to issuance of the confirmation order. Failure to request a deficiency judgment shall be deemed a waiver of any deficiency judgment against a mortgagor.
(e) Failure of sale; resale. In the event that the purchaser fails to pay the balance of the purchase price according to the terms of the sale, then, upon the request of the plaintiff, the down payment shall be forfeited and the court shall issue an order vacating the confirmation order. Upon motion and after hearing, the court may issue a confirmation order to the second highest bidder.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
Subchapter 4 Foreclosure by Nonjudicial Sale
§ 4961 Power of nonjudicial sale
Whether or not a power of sale is contained in a mortgage relating to any property, except for farmland or a dwelling house owned by a natural person, instead of a suit and decree of foreclosure, the mortgagee may, upon breach of mortgage condition, foreclose upon the property without first commencing a foreclosure action or obtaining a foreclosure decree by complying with the terms of this subchapter. No sale under and by virtue of a nonjudicial power of sale shall be valid and effectual to foreclose the mortgage unless the conditions of this subchapter are complied with.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4962 Notice of intention to foreclose
(a) At least 30 days prior to service of a notice of sale pursuant to subsection 4952(c) of this title, notice of intention to foreclose in a writing complying with this section shall be sent to the mortgagor by registered or certified mail at his or her last known address.
(b) The writing required by this section shall state, in a manner calculated to make the mortgagor aware of the situation:
(1) the mortgage to be foreclosed;
(2) the mortgage condition claimed to have been breached;
(3) that the mortgagee has accelerated maturity of the debt secured by the mortgage, if that is the case;
(4) the amount to be paid or other action necessary to cure, and the time within which the cure must take place, which shall be not less than 30 days after the date of the notice of intention to foreclose;
(5) the intention of the mortgagee to foreclose by exercising the power of sale contained in the mortgage, if the breach of the mortgage condition is not cured within the time and in the manner specified in the notice; and
(6) that the mortgagor will be entitled to be sent notice of the foreclosure sale at least 60 days prior to the sale and to redeem the mortgaged property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.
(c)(1) The following notice of intent to foreclose form may be used and may be altered as circumstances require:
PLEASE TAKE NOTICE that you have defaulted under Loan No. ____ by [mortgage condition breached] required by your Promissory Note dated ____ , 20____ . This default also constitutes a breach of the Mortgage, dated ____ , 20____ , recorded in Volume ____ at Page ____ of the Land Records, which secures the Loan. As a result of your default, we have accelerated the maturity of all indebtedness due on the Loan and secured by the Mortgage, totaling $____ as of today’s date. In order to cure this default, you must pay to us on or before ____ [a date not less than thirty (30) days after the date of this Notice] the sum of $____ , plus interest at the rate of $____ per day to the date of payment. If you do not cure this default by making the payments required, it is our intention to foreclose by exercising the power of sale contained in the above Mortgage. You will be sent notice of the foreclosure sale at least sixty (60) days prior to the sale, and you will be entitled to redeem your interest in the mortgaged property at any time prior to the sale by paying the full amount due under the Mortgage, including the costs and expenses of the sale. If you do not cure the default or redeem your interest, your ownership of the mortgaged property will be terminated.
(2) This subsection shall not be construed to prevent the use of other forms except that all notices shall comply with the provisions of subsection (b) of this section.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4963 Publication of notice of sale
Notice of a sale conducted pursuant to this subchapter shall be published once in each of three successive weeks, in a newspaper of general circulation in the town where the land lies, the first publication to be not less than 21 days before the day of sale.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4964 Recording
The mortgagee shall record the notice of sale in the land records of the town or city where the land lies not less than 60 days prior to the sale. The filing of the notice of the sale shall be in lieu of filing a foreclosure complaint under section 4932 of this title and shall be sufficient notice of the pendency of the nonjudicial foreclosure by power of sale to all persons who acquire any interest or lien in the mortgaged property between the dates of recording the notice of sale and recording the foreclosure deed. Without further notice or service, those persons shall be bound by the power of sale and the foreclosure deed and shall be foreclosed from all rights or equity in the mortgaged property.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4965 Service; form
(a)(1) In all cases, unless service is waived under subsection 4966(g) of this title, a copy of the notice of sale shall be served on the mortgagor or his or her representative in interest by:
(A) sending the notice by registered or certified mail addressed to the mortgagor or such representative at his or her last known address, or to such person and address as may be agreed upon in said mortgage, at least 60 days before said sale; or
(B) serving the notice in any manner authorized by the Vermont Rules of Civil Procedure.
(2) As used in this section, “mortgagor” shall mean the mortgagor or the then record owner of the mortgaged property.
(b)(1) A copy of the notice of sale shall be sent to any tenant lawfully occupying the mortgaged property and to any person having a recorded interest in the mortgaged property of record which will be foreclosed by the sale, provided that the interest is recorded in the applicable land records prior to the recording of the notice of sale. The notice required by this subsection shall be sent not less than 60 days before the sale. Notice to a tenant shall be sufficient if mailed to the tenant by first class mail at the address specified in the lease, if recorded, or to the occupant at the address of the mortgaged property, if the lease is not recorded.
(2) Compliance with this subsection shall be sufficient with respect to persons entitled to receive notice under subdivision (1) of this subsection, and the failure to give additional notice shall not be grounds to invalidate the sale. Any mortgagor or junior lienholder who refuses to accept or claim mailed or served notice or who frustrates attempts by the mortgagee to give notice of the sale by failing to give or leave a forwarding address or by other acts or omissions shall be deemed to be notified of the sale, provided that such mortgagee shall have made a good faith effort to provide such notice.
(c)(1) The following notice of sale form may be used and may be altered as circumstances require:
By virtue and in execution of the Power of Sale contained in a certain mortgage given by ____ dated ____ and recorded in Volume ____ Page ____ of the land records of the town of ______ , of which mortgage the undersigned is the present holder (if by assignment, or in any fiduciary capacity, give reference) for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at ____ o’clock, ____ M. on the ____ day of ____ 20____ , (place) ____ at the mortgaged property.
To wit: (Legal description of the mortgaged property and in case of partial releases, state exceptions.)
Terms of sale: (State here the amount, if any, to be paid in cash by the purchaser at the time of the sale, and the schedule for payment of the balance.)
The mortgagor and all junior lienholders are entitled to redeem the mortgaged property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.
Other terms to be announced at the sale or inquire at ______
(Signed) ________
Mortgagee (may be signed by mortgagee’s attorney)
______ 20____
(2) This subsection shall not be construed to prevent the use of other forms. A notice of sale shall be sufficient if it fully sets forth the date, time, and place of sale; the town, county, street, or highway and street number, if any, of the mortgaged premises; the date of the mortgage; the volume and page of the recording of the mortgage; the terms of the sale; the statement language required by subdivision (d)(1) of this section; and notice of the right to redeem.
(d)(1) The notice of the sale shall include the following statement: “The mortgagor and all junior lienholders are hereby notified that at any time before the foreclosure sale, the mortgagor and all junior lienholders have a right to petition the Civil Division of the Superior Court for the county in which the mortgaged property is situated, with service upon the mortgagee, and upon such bond as the court may require, to enjoin the scheduled foreclosure sale. Failure to institute such petition and complete service upon the foreclosing party, or the party’s agent, conducting the sale prior to sale shall thereafter bar any action or right of action of the mortgagor or any junior lienholder based on the validity of the foreclosure, the right of the mortgagee to conduct the foreclosure sale, or compliance by the mortgagee with the notice requirements and other conditions of this section. An action to recover damages resulting from the sale of the mortgaged property on the date of the sale may be commenced at any time within one year following the date of the sale, but not thereafter.”
(2) The mortgagor and all junior lienholders shall have the rights contained in the notice provided for in this subsection.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4966 Conduct and location of sale
(a) The sale shall be held at the mortgaged property except that it may be held elsewhere if agreed to in writing by the mortgagor and the mortgagee not less than 60 days nor more than 90 days before the sale. At the sale, the mortgaged property shall be sold to the highest bidder in conformance with the terms of sale set forth in the foreclosure notice.
(b) The mortgagor shall be entitled to redeem the mortgaged property at any time prior to the sale by paying to the mortgagee the full amount due under the mortgage, including the costs and expenses of the sale.
(c) The public sale may be adjourned one or more times for a total time not exceeding 60 days by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Written notice of the new sale date shall also be given by first class mail, postage prepaid, to any person who received notice of the sale pursuant to section 4965 of this title.
(d) Any person may bid at the sale. All bidders, except for the mortgagee plaintiff or designee, shall meet the requirements set forth in the notice of sale in order to bid at the sale.
(e) In the event that the proceeds of sale, after first deducting the reasonable expenses incurred in making the sale, exceed the amounts due to the mortgagee at the time of sale, the surplus shall be paid to other lien holders of record in the order of the priority of their liens. In the event that the proceeds of sale exceed the amount due to the mortgagee and the amounts due to the other lien holders, the excess shall be paid to the mortgagor. The mortgagee or person conducting the sale may interplead any sale proceeds in excess of the indebtedness and expenses secured by the mortgage in the event there are any liens of record against the real estate.
(f) This section shall not preclude the mortgagee from maintaining a subsequent action against the mortgagor for any deficiency.
(g) Any party entitled to be sent notice under this section may, either before or after the foreclosure sale, waive the party’s right to receive notice, in which case no foreclosure sale shall be invalid or ineffectual to foreclose that party’s rights under the mortgage. A waiver of notice authorized or validated under this section shall be recorded in the land records in the town or city where the property is located.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4967 Recording following sale
(a) Within 90 days after the sale, the mortgagee selling pursuant to the power shall cause the foreclosure deed and an accompanying affidavit to be recorded in the land records of the town where the property is situated. The affidavit setting forth fully and particularly the mortgagee’s acts with respect to the sale of the mortgaged property, including the dates that notices of the sale were published, shall set forth facts showing that no person in interest is in the military service as defined in the Service Members Civil Relief Act of 2003. The affidavit or a duly certified copy thereof shall be admissible in evidence on the issue of whether the power of sale was duly executed.
(b) If the recording required by this section is prevented by an order or stay of any court, the time for such recording shall be extended until 10 days after the expiration or removal of such order or stay.
(c) If the recording required by this section is made more than 60 days after the sale, the affidavit shall state why the recording was not made earlier.
(d) Failure to record the deed and affidavit within the statutory period required by this subsection shall render the sale void and of no effect only as to liens or other encumbrances of record intervening between the day of the sale and the time of recording of the deed and affidavit.
(e) Correction of error. In case of an alleged error or omission in the affidavit, the court, on petition and after notice to interested parties, may validate the affidavit or authorize the recording of an affidavit amending, correcting, or in substitution for an affidavit so recorded, and the affidavit so authorized to be recorded or a certified copy of the record thereof shall have the same effect and shall be admitted in evidence as if it had been recorded within the 90-day period required by this section.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4968 Transfer of title
Title to the foreclosed mortgaged property under this section shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the mortgaged property shall pass to the purchaser free and clear of all interests and encumbrances which do not have priority over such mortgage.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4969 Failure of sale; resale
If the purchaser does not pay the balance of the purchase price according to the terms of the sale, and at the option of the mortgagee, the down payment, if any, shall be forfeited and the foreclosure sale shall be void.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
§ 4970 Form and effect of foreclosure deed
(a) The foreclosure deed shall be in substantially the following form:
______ of ______ County, ______ State of ______ , holder of a mortgage from ____ to ____ dated ____ , recorded in ____ Book____ at Page ____ of the Town of ____ Land Records, by the power conferred by said mortgage and every other power, for ____ dollars paid, grant to ______ , (complete mailing address) ______ , of ______ Street, Town (City) of ____ , ______ County, State of ______ , the premises conveyed by said mortgage.
(Here add acknowledgment)
(b) A deed substantially in the form set forth in subsection (a) of this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenants on the part of the mortgagee, for himself or herself, that, at the time of the delivery of such deed, the mortgagee was duly authorized to make sale of the mortgaged property; that in all of the mortgagee’s proceedings in the sale thereof, the mortgagee has complied with the requirements of this subchapter; and that the mortgagee will warrant and defend the same to the grantee, heirs, successors, and assigns against the lawful claims of all persons claiming by, from, or under him or her.
(Added 2011, No. 102 (Adj. Sess.), § 1.)
Chapter 173 Forfeiture of Grants
§ 4981 Grant defined; acts of incorporation
The word “grant” as used in this chapter shall mean grants or charters of lands lying in this State, made by the king of Great Britain, or by this State or any other government; acts of the General Assembly granting to individuals rights or privileges not common to all the citizens of the State; and acts of incorporation for any purpose.
§ 4982 Grantee defined
The word “grantee” as used in this chapter shall mean the person to whom such land, rights, or privileges were granted, and the representatives or assigns of such persons, or the corporation thus created.
§ 4983 Grounds for forfeiture of grants
Grants may be adjudged forfeited for the nonperformance of a condition annexed to or contained in such grant, whether expressed, or from the nature of the grant, clearly implied.
§ 4984 Effect of judgment
When a grant is adjudged forfeited, the grantee shall thereby be divested of the rights, benefits, and privileges derived therefrom. The grant shall be considered vacated and the thing granted shall revert to the State.
§ 4985 Mode of process; venue
The mode of process shall be by summons and complaint and the action shall be held in the Superior Court of the county in which the land lies, if it is a grant of land. If it is an act of incorporation, the action shall be held in the county in which any part of the business of the corporation is done, or, by the terms of the act, should be done.
(Amended 1971, No. 185 (Adj. Sess.), § 144, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 4986 Prosecution of complaint
The complaint shall be prosecuted in the name of the State by the State’s Attorney of the county in which the action is pending.
(Amended 1971, No. 185 (Adj. Sess.), § 145, eff. March 29, 1972.)
§ 4987 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4988 Prosecution by State’s Attorney
On the application of 20 or more freeholders of the county, the State’s Attorney shall commence and prosecute the action against a corporation, if, in his or her opinion, the grant of the corporation is forfeited, and the public good requires that it should be adjudged forfeited.
(Amended 1971, No. 185 (Adj. Sess.), § 146, eff. March 29, 1972.)
§ 4989 Grantees may defend severally; jury trial
When several grantees claim under the same grant, each may answer separately, denying the allegations in the complaint, or pleading performance of the conditions of the grant or asserting any equitable reason why the grant should not be forfeited. Issues of fact shall be tried by jury, and the jury may return a general or special verdict, except that issues raised by any equitable defense shall be determined by the presiding judge.
(Amended 1971, No. 185 (Adj. Sess.), § 147, eff. March 29, 1972.)
§ 4990 Judgment on default; proof required
When the grantee does not answer or appear and sufficient facts are proved on hearing, the court may adjudge the grant forfeited.
(Amended 1971, No. 185 (Adj. Sess.), § 148, eff. March 29, 1972.)
§§ 4991-4994 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4995 Copy of judgment transmitted to Secretary of State
When final judgment has been rendered that a grant is forfeited, the clerk of the court within 30 days from the rendition thereof shall transmit to the Secretary of State a certified copy of such judgment to be recorded and kept in his or her office.
§ 4996 Writ of possession
When judgment of forfeiture is thus rendered and transmitted, and the thing granted is capable of actual possession and occupancy, possession thereof may be obtained by the State or by a second grantee, by a writ of possession. Such writ shall be issued by the court rendering such judgment, on motion of the State’s Attorney or the second grantee, but only after reasonable notice of the motion has been given to the party in possession.
Chapter 175 Joint Contracts
§ 5051 Action against resident joint contractor
When a bond, recognizance, bill, note, or other contract has been executed by two or more persons jointly and one or more of them reside out of the State, an action may be sustained thereon against the party residing in the State.
§ 5052 On joint and several contracts
An action may be sustained against one or more persons on joint and several contracts executed by three or more of them. If any of them reside out of the State, the writ shall designate such nonresidents.
§ 5053 Representative of deceased joint contractor
When one of the several obligors or promisors jointly holden by a contract in writing dies, the representatives of such deceased person and the surviving obligors or promisors may be charged by virtue of such contract in the same manner as if it had been joint and several.
§ 5054 Discharge of a joint contractor
A creditor having a debt or demand against a partnership or several joint obligors or promisors may discharge one or more of such partners, obligors, or promisors without impairing his or her right against the others as to the residue of his or her debt or demand.
§ 5055 Action against joint contractor not discharged
In such cases an action may be maintained against those not discharged, setting forth in the complaint that the contract was made with the defendants and the party discharged, and that such party has been discharged. Such discharge shall have the same effect as a payment by the party discharged, of his or her equal part of the debt, according to the number of debtors aside from sureties.
§ 5056 Judgment against defendants found liable
In an action founded on contract, express or implied, or under chapter 161 of this title, in which more persons than one are defendants, the plaintiff may have judgment against such defendants as are defaulted and against those who upon trial are found liable, notwithstanding it is found that all the defendants are not jointly liable.
§§ 5057, 5058 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5059 Unsatisfied judgment not bar to further action
The recovery of judgment against one or more of several obligors or promisors on a joint or joint and several contract, without satisfaction, shall not discharge the other obligors or promisors from their liability on such contract.
§ 5060 Action for unpaid balance
When execution on a judgment obtained against a partnership, association, or company in its firm, associate, or company name is returned unsatisfied in whole or in part, an action of contract for the amount unpaid may be brought against any or all of the partners, associates, or shareholders upon their original liability, provided that only one such action shall be brought and maintained at the same time. If the execution issued in the last named action is returned unsatisfied in whole or in part, subsequent actions may in like manner be maintained for the amount unpaid.
Chapter 177 Naturalization
§ 5111 Jurisdiction
The courts of this State shall have such jurisdiction to naturalize aliens as is or may hereafter be conferred by acts of Congress.
Chapter 178 Orders Against Stalking or Sexual Assault
§ 5131 Definitions
As used in this chapter:
(1)(A) “Course of conduct” means:
(i) two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person’s property; or
(ii) use of any electronic, digital, or precise geolocation device or software or application to surveil a specific person or a specific person’s internet or wireless activity continuously for 12 hours or more or on two or more occasions over a period of time, however short, without authorization.
(B) This definition shall apply to acts conducted by the person directly or indirectly, and by any action, method, device, or means. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(C) As used in subdivision (A) of this subdivision (1), threaten shall not be construed to require an express or overt threat.
(2) [Repealed.]
(3) “Nonphysical contact” includes telephone calls, mail, email, social media commentary or comment, or other electronic communication, fax, and written notes.
(4) “Reasonable person” means a reasonable person in the victim’s circumstances.
(5) “Sexually assaulted the plaintiff” means that the defendant engaged in conduct that meets elements of lewd and lascivious conduct as defined in 13 V.S.A. § 2601, lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602, sexual assault as defined in 13 V.S.A. § 3252, aggravated sexual assault as defined in 13 V.S.A. § 3253, use of a child in a sexual performance as defined in 13 V.S.A. § 2822, or consenting to a sexual performance as defined in 13 V.S.A. § 2823, and that the plaintiff was the victim of the offense.
(6) “Stalk” means to engage purposefully in a course of conduct directed at a specific person that the person engaging in the conduct knows or should know would cause a reasonable person to:
(A) fear for the person’s safety or the safety of a family member; or
(B) suffer substantial emotional distress as evidenced by:
(i) a fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death; or
(ii) significant modifications in the person’s actions or routines, including moving from an established residence, changes to established daily routes to and from work that cause a serious disruption in the person’s life, changes to the person’s employment or work schedule, or the loss of a job or time from work.
(7) “Stay away” means to refrain from knowingly:
(A) initiating or maintaining a physical presence near the plaintiff;
(B) engaging in nonphysical contact with the plaintiff directly or indirectly; or
(C) engaging in nonphysical contact with the plaintiff through third parties who may or may not know of the order.
(8) [Repealed.]
(Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2007, No. 174 (Adj. Sess.), § 2; 2015, No. 162 (Adj. Sess.), § 2; 2025, No. 46, § 1, eff. July 1, 2025.)
§ 5132 Jurisdiction and venue
(a) The Superior Court shall have jurisdiction over proceedings under this chapter.
(b) Proceedings under this chapter may be commenced in the county in which the plaintiff resides. If the plaintiff has left his or her residence to avoid being stalked or sexually assaulted, the plaintiff shall have the option to bring an action in the county of the previous residence or the county of the new residence.
(Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)
§ 5133 Requests for an order against stalking or sexual assault
(a) A person, other than a family or household member as defined in 15 V.S.A. § 1101(2), may seek an order against stalking or sexual assault on behalf of himself or herself or his or her children by filing a complaint under this chapter. A minor 16 years of age or older may file a complaint under this chapter seeking relief on his or her own behalf. The plaintiff shall submit an affidavit in support of the order.
(b) Except as provided in section 5134 of this title, the court shall grant the order only after notice to the defendant and a hearing. The plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant stalked or sexually assaulted the plaintiff.
(c) In a hearing under this chapter, neither opinion evidence of nor evidence of the reputation of the plaintiff’s sexual conduct shall be admitted. Evidence of prior sexual conduct of the plaintiff shall not be admitted; provided, however, where it bears on the credibility of the plaintiff or it is material to a fact at issue and its probative value outweighs its private character, the court may admit any of the following:
(1) evidence of the plaintiff’s past sexual conduct with the defendant;
(2) evidence of specific instances of the plaintiff’s sexual conduct showing the source of origin of semen, pregnancy, or disease; or
(3) evidence of specific instances of the plaintiff’s past false allegations of violations of 13 V.S.A. chapter 59 or 72.
(d) If the court finds by a preponderance of evidence that the defendant has stalked or sexually assaulted the plaintiff, or has been convicted of stalking or sexually assaulting the plaintiff, the court shall order the defendant to stay away from the plaintiff or the plaintiff’s children, or both, and may make any other order it deems necessary to protect the plaintiff or the plaintiff’s children, or both.
(e) Relief shall be granted for a fixed period, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff or the plaintiff’s children, or both. It is not necessary for the court to find that the defendant stalked or sexually assaulted the plaintiff during the pendency of the order to extend the terms of the order. The court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstance.
(f) No filing fee shall be required.
(g) Every order under this chapter shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order and shall be signed by the judge.
(h) Form complaints and form orders for an “Order Against Stalking or Sexual Assault” shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.
(i) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.
(j) Every final order issued under this section shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”
(k) Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”
(l) A finding by the court pursuant to this chapter that the defendant stalked or sexually assaulted the plaintiff shall not be admissible in any subsequent civil proceedings for the purpose of establishing liability.
(Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2015, No. 162 (Adj. Sess.), § 3.)
§ 5134 Emergency relief
(a) In accordance with the Vermont Rules of Civil Procedure, a person other than a family or household member as defined in 15 V.S.A. § 1101(3) may file a complaint for a temporary order against stalking or sexual assault. Stalking complaints shall be filed during regular court hours. The plaintiff shall submit an affidavit in support of the order. The court may issue a temporary order under this chapter ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has stalked or sexually assaulted the plaintiff. The court may order the defendant to stay away from the plaintiff or the plaintiff’s children, or both, and may make any other such order it deems necessary to protect the plaintiff or the plaintiff’s children, or both.
(b) Every order issued under this section shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order and shall be signed by the judge. Every order issued under this section shall state upon its face a date, time, and place that the defendant may appear to petition the court for modification or discharge of the order. This opportunity to contest shall be scheduled as soon as reasonably possible, which in no event shall be more than 14 days from the date of issuance of the order. At such hearings, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant stalked or sexually assaulted the plaintiff. If the court finds that the plaintiff has met his or her burden, it shall continue the order in effect and make such other orders as it deems necessary to protect the plaintiff or the plaintiff’s children, or both.
(c) Form complaints and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.
(d) Every order issued under this chapter shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”
(e) Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”
(Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2007, No. 174 (Adj. Sess.), § 3; 2017, No. 11, § 23; 2025, No. 12, § 1, eff. September 1, 2025.)
§ 5135 Service
(a) A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service.
(b) A defendant who attends a hearing held under section 5133 or 5134 of this title at which a temporary or final order under this chapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A defendant notified by the court on the record shall be required to adhere immediately to the provisions of the order. The clerk shall mail a copy of the order to the defendant at the defendant’s last known address.
(c) Orders against stalking or sexual assault shall be served by the law enforcement agency at the earliest possible time and shall take precedence over other summonses and orders, with the exception of abuse prevention orders issued pursuant to 15 V.S.A. chapter 21. Orders shall be served in a manner calculated to ensure the safety of the plaintiff. Methods of service which include advance notification to the defendant shall not be used. The person making service shall file a return of service with the court stating the date, time, and place that the order was delivered personally to the defendant.
(d) If service of a notice of hearing issued under section 5133 or 5134 of this title cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of the order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant.
(Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2013, No. 17, § 3; 2013, No. 17, § 4, eff. Nov. 1, 2013; 2025, No. 12, § 2, eff. September 1, 2025.)
§ 5136 Procedure
(a) Except as otherwise specified in this chapter, proceedings commenced under this chapter shall be in accordance with the Vermont Rules of Civil Procedure and shall be in addition to any other available civil or criminal remedies.
(b)(1) The Court Administrator is authorized to contract with public or private agencies to assist plaintiffs to seek relief and to gain access to Superior Court. Law enforcement agencies shall assist in carrying out the intent of this section.
(2) The Court Administrator shall establish procedures to ensure access to orders against sexual assault after regular court hours or on weekends and holidays in accordance with subdivisions (A)–(D) of this subdivision.
(A) The court shall designate an authorized person to receive requests for ex parte emergency relief orders against sexual assault submitted after regular court hours pursuant to section 5134 of this title, including requests made by reliable electronic means according to the procedures in this subdivision (2).
(B) If a secure setting is not available for processing an ex parte emergency relief order against sexual assault submitted after regular court hours, or if the authorized person determines that electronic submission is appropriate under the circumstances, the authorized person shall inform the applicant that a complaint and affidavit may be submitted electronically.
(C) The affidavit shall be sworn to or affirmed by administration of the oath over the telephone to the applicant by the authorized person and shall conclude with the following statement: “I declare under the penalty of perjury pursuant to the laws of the State of Vermont that the foregoing is true and accurate. I understand that making false statements is a crime subject to a term of imprisonment or a fine, or both, as provided by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath was administered.
(D) The authorized person shall communicate the contents of the complaint and affidavit to a judicial officer telephonically or by reliable electronic means. The judicial officer shall decide whether to grant or deny the complaint and issue the order solely on the basis of the contents of the affidavit or affidavits provided. The judicial officer shall communicate the decision to the authorized person, who shall communicate it to the applicant. If the order is issued, it shall be delivered to the appropriate law enforcement agency for service and to the holding station.
(c) The Office of the Court Administrator shall ensure that the Superior Court has procedures in place so that the contents of orders and pendency of other proceedings can be known to all courts for cases in which an order against stalking or sexual assault proceeding is related to a criminal proceeding.
(d) Unless otherwise ordered by the court, an order issued pursuant to sections 5133 and 5134 of this title shall not be stayed pending an appeal.
(Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2009, No. 154 (Adj. Sess.), § 82; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 17, § 7; 2025, No. 12, § 3, eff. September 1, 2025.)
§ 5137 Filing orders with law enforcement personnel; Department of Public Safety protection order database
(a) Police departments, sheriff’s departments, and State Police district offices shall establish procedures for filing notice against stalking or sexual assault orders issued under this chapter and for making their personnel aware of the existence and contents of such orders.
(b) Any court in this State that issues a notice against a stalking or sexual assault order under this chapter shall transmit a copy of the order to the Department of Public Safety’s protection order database.
(Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)
§ 5138 Enforcement
(a) Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order as defined in 15 V.S.A. § 1101 shall be accorded full faith and credit throughout this State and shall be enforced as if it were an order of this State. Law enforcement officers may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order. Enforcement may include making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.
(b) In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State’s Attorney in the Criminal or Civil Division of the Superior Court in the unit or county in which the violation occurred. The maximum penalty which may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a protection order after such initial adjudication.
(Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)
Chapter 179 Partition of Real Estate
§ 5161 Who may have partition
A person having or holding real estate with others, as joint tenants, tenants in common, or coparceners, may have partition thereof.
§ 5162 Partition of a spring
There may be partition of real estate containing a spring, and of the right to use the water of such spring, in the same manner as other real estate. The commissioners shall equitably apportion the use of such water and the manner of its use.
§ 5163 Complaint and summons; venue
A person designated in section 5161 of this title may, by serving a complaint and summons on all persons interested in the estate, bring an action to partition the real estate in the Superior Court of the county where the real estate or any part thereof is situated. The complaint shall state the title by which the real estate is held, the names of the several owners, as far as known, and a particular description of the premises.
(Amended 1971, No. 185 (Adj. Sess.), § 149, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§§ 5164-5168 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5169 Judgment for plaintiff; commissioners; waiver
(a) When the issue is determined in favor of the plaintiff, or if the person interested defaults, the court shall render judgment that partition be made and appoint three disinterested residents of the county as commissioners. The commissioners shall make partition of the estate and set off each share of the several persons interested, according to their respective titles, and shall award to the plaintiff reasonable costs against the adverse party.
(b) Notwithstanding subsection (a) of this section, the parties may, with the approval of the court, waive the use of commissioners and have all matters decided by the court at a bench trial.
(Amended 1971, No. 185 (Adj. Sess.), § 150, eff. March 29, 1972; 2019, No. 40, § 2.)
§ 5170 When defendant prevails in whole or in part
When, on trial, it is determined that the plaintiff has no right or share in the estate claimed, or that he or she holds a smaller share than alleged in his or her complaint, the adverse party shall recover against him or her reasonable costs. If the plaintiff holds a smaller share than claimed in his or her complaint, the judgment shall be that partition of the estate be made according to the title of the respective owners.
(Amended 1971, No. 185 (Adj. Sess.), § 151, eff. March 29, 1972.)
§ 5171 Notice by commissioners; oath; partition
The commissioners shall give notice to each party interested or to his or her agent or attorney of the time when they will make such partition. Such commissioners shall be sworn and shall make partition of the estate by dividing and setting out to each owner his or her share thereof by metes and bounds.
§ 5172 Report; judgment
Having made partition, the commissioners shall make return to the court of their doings, with a description of each portion of the estate set off, and a certificate of their having been sworn. Unless cause is shown, such report shall be accepted by the court and judgment rendered thereon.
§ 5173 Recording of report and judgment; effect
A certified copy of the report of the commissioners, with the judgment of the court accepting the same thereon, shall be recorded in the office where by law a deed of such estate is required to be recorded, and, when so recorded, shall give such owner his or her share of the estate so set off in severalty.
§ 5174 Assignment or sale of estate—assignment to party
When it appears that the real estate, or a portion thereof, cannot be divided without great inconvenience to the parties interested, the court may order it assigned to one of the parties, provided he or she pays to the other party such sum of money, at such times and in such manner as the commissioners judge equitable.
§ 5175 Sale, when ordered
In case one of the parties interested will not take such assignment and pay such sum, the court shall order the commissioners to sell such estate at public or private sale.
§ 5176 Sale and conveyance
The commissioners shall sell the estate agreeably to the order and execute conveyances to the purchaser thereof, which shall be a complete bar against the owners and persons claiming under them.
(Amended 1971, No. 185 (Adj. Sess.), § 152, eff. March 29, 1972.)
§ 5177 Disposal of proceeds
The commissioners shall pay the proceeds of the sale to the several parties interested or their representatives, as the court directs, first deducting such sum as is allowed by the court for the plaintiff’s costs, which shall be paid the plaintiff.
(Amended 1971, No. 185 (Adj. Sess.), § 153, eff. March 29, 1972.)
§ 5178 New partition—when ordered
When an owner of a share in the estate who is not an inhabitant of the State at the commencement of the action and has not been given personal notice of the action and thinks himself or herself aggrieved by the partition, he or she may within three years after the making of the order, bring a new action in the court which made the order of partition. Notice shall be given persons interested, in the same manner as directed in the original action. Upon sufficient cause being shown, the court may order a new partition thereof or make such other order as appears just.
(Amended 1971, No. 185 (Adj. Sess.), § 154, eff. March 29, 1972.)
§ 5179 How made
When a new partition is ordered, more shall not be taken from any share or right than as such share or right is adjudged more than the proportion for which it was set off, estimating such estate as in the situation and at the time when it was first divided.
§ 5180 Pay for improvements
When improvements have been made after the first partition on the share which it set off by such new partition, the party who made such improvements shall have reasonable satisfaction from the owner to whose share the same is added, to be estimated by the commissioners making such new partition, and the court may issue execution therefor.
§ 5181 Fees of commissioners—how fixed and paid
When partition is made of real estate under this chapter, the commissioners shall be allowed such sum for their services and expenses as the court judges reasonable, which shall be paid by the parties as directed by the court. The costs allowed the plaintiff shall be paid by the owners of the estate in proportion to their respective rights therein.
(Amended 1971, No. 185 (Adj. Sess.), § 155, eff. March 29, 1972; 1975, No. 191 (Adj. Sess.).)
§ 5182 Party’s share sold if he or she does not pay
When any such owner does not pay his or her proportion of such costs, the court shall direct so much of his or her share of the estate to be sold at public auction as is sufficient to pay the same, with costs of sale.
§ 5183 Conveyance on sale
On such sale, the commissioners shall execute conveyances to the purchaser, who shall hold such estate by virtue thereof against such owner or persons claiming under him or her.
§ 5184 Purchase by or for commissioners prohibited
A commissioner, or other person in trust for him or her, shall not become a purchaser at a sale under this chapter.
§ 5185 Conveyance before service of complaint
A partition of real estate made under this chapter shall not be avoided in consequence of a conveyance by an owner of a part of the estate of his or her interest therein executed prior to the service of the summons and complaint, unless it appears that the plaintiff had knowledge of the conveyance or that it was recorded according to law at the time the complaint was served or notice given as hereinbefore provided.
(Amended 1971, No. 185 (Adj. Sess.), § 156, eff. March 29, 1972.)
§ 5186 Shares set off shall inure to use of owner
In making such partition, if a share or right in the estate is set off or assigned to a person other than the legal owner, such share shall inure to the use and benefit of the legal owner, his or her heirs and assigns, as though the same had been set off or assigned to him or her.
§ 5187 Commissioner disqualified, others may act
When a commissioner appointed under this chapter dies, becomes unable to perform his or her duties due to a mental condition or psychiatric disability, removes from the State, or becomes otherwise disqualified to act, the survivors may exercise the powers granted to the whole number.
(Amended 2013, No. 96 (Adj. Sess.), § 49.)
§ 5188 Death or nonjoinder of part owner
An action for the partition of real estate shall not be dismissed or proceedings thereon suspended in consequence of the death of an owner or person interested in the estate, or because all the parties interested in the estate are not named in the complaint. In the event of the death of an owner or person interested in the estate, that owner’s right or share shall be set off to his or her legal representatives. If all the parties interested in the estate are not named in the complaint, every such party not named in the complaint shall have his or her name entered therein and his or her right or share set off and allotted to him or her in proportion to his or her interest in the estate.
(Amended 1971, No. 185 (Adj. Sess.), § 157, eff. March 29, 1972.)
Chapter 181 Penal Bonds
§ 5241 Bonds chancered; assessment of damages
In actions brought to recover the forfeiture annexed to any articles of agreement, covenant, bond, bond of recognizance, with condition thereto annexed, contract, charter-party, or other specialty given or taken in a civil matter, when the forfeiture, breach, or nonperformance appears by the trial of an issue of fact, by the default or confession of the defendant or upon demurrer, the court in which the action is pending may render judgment for the plaintiff to recover so much as is equitably due. When the sum for which judgment ought to be rendered is uncertain, on the request of either party, the same shall be assessed by a jury.
§ 5242 Damages assessed on breaches assigned
In actions on bond or for a penal sum for the nonperformance of covenants or agreements contained in a condition, indenture, deed, or writing, the plaintiff may assign as many breaches as he or she chooses. Damages shall be assessed for such breaches as he or she proves and judgment rendered for the whole penalty, and execution shall issue for so much only as is found in damages, with costs.
§ 5243 Damages in case of default
When in an action designated in section 5242 of this title there is judgment for the plaintiff on a motion to dismiss or for summary judgment, default, or confession, the plaintiff may recover for as many breaches as he or she has pleaded the truth whereof shall be found. The damages shall be assessed and execution shall issue for those damages only with costs.
(Amended 1971, No. 185 (Adj. Sess.), § 158, eff. March 29, 1972.)
§ 5244 Action on judgment for other breaches
The judgment shall remain as a security to the plaintiff or his or her representatives for any other breaches which he or she afterward proves. From time to time he or she may bring an action on the judgment against the defendant or his or her representatives and assign other breaches. Thereupon damages shall be assessed and execution shall issue for the same, with costs.
(Amended 1971, No. 185 (Adj. Sess.), § 159, eff. March 29, 1972.)
§ 5245 Action on judgment in Supreme Court
When in an action designated in section 5242 of this title judgment is rendered for the penalty in the Supreme Court, the action may be brought in the Superior Court in the same county in which the original judgment was rendered.
(Amended 1971, No. 185 (Adj. Sess.), § 160, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 5246 Bond of sheriff and high bailiff—action by a creditor after execution returned unsatisfied
When judgment is rendered against a sheriff or high bailiff for official misconduct, neglect, or default and execution on the judgment is returned unsatisfied or the defendant is committed to jail thereon, the creditor in the execution may bring an action, in his or her own name and right, on the recognizance or bond entered into by the sheriff or high bailiff and his or her sureties for the faithful performance of the duties of his or her office in the Superior Court of the county where the recognizance or bond was taken.
(Amended 1971, No. 185 (Adj. Sess.), § 161, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 5247 Judgment
Unless cause is shown to the contrary on the trial of the action, the court shall render judgment against the sheriff or high bailiff and his or her sureties, in favor of the creditor, for the amount of the execution and charges thereon with interest and costs.
(Amended 1971, No. 185 (Adj. Sess.), § 162, eff. March 29, 1972.)
§ 5248 Defense by defendant and sureties
The defendant in the action may make any defense that he or she could have made, had an action of contract been brought on the recognizance or bond. When the original judgment against the sheriff or high bailiff was rendered by default and the creditor brings an action under section 5246 of this title, the sureties may make any defense which the principal might have made in the original action.
(Amended 1971, No. 185 (Adj. Sess.), § 163, eff. March 29, 1972.)
§ 5249 When the principal has removed from the State
When a person liable as sheriff or high bailiff for official misconduct, neglect, or default has removed from the State leaving no known attachable property therein, so that service of process cannot be made upon him or her, an action founded in contract may be brought directly upon the recognizance or bond of the sheriff or high bailiff and his or her sureties by the party entitled thereto, without first bringing suit against the sheriff or high bailiff. In the action, the sureties may make any defense which their principal might have made if the action had been against him or her directly for the misconduct, neglect, or default.
(Amended 1971, No. 185 (Adj. Sess.), § 164, eff. March 29, 1972.)
Chapter 183 Replevin
Subchapter 1 Replevin by Defendant of Attached Goods
§§ 5301-5305 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 2 Replevin for Beasts Distrained
§ 5321 When maintainable
If beasts are distrained or impounded to recover a penalty or forfeiture alleged to have been incurred by their going at large or to obtain satisfaction for damages alleged to have been done by them, the owner thereof may maintain an action of replevin therefor.
§ 5322 Judgment for defendant
When it appears upon the nonsuit of the plaintiff, or upon trial, that the beasts were lawfully taken or distrained, the defendant shall have judgment for such sum as is due from the plaintiff for the penalty or forfeiture or for the damages for which the beasts were impounded, with the legal fees and charges incurred by the distress, and the costs of the action of replevin.
§ 5323 Judgment for plaintiff
When it appears upon the default of the defendant or upon trial that the beasts were taken or distrained without justifiable cause, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs.
Subchapter 3 Other Replevin of Goods
§ 5331 For what and where maintainable
A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances:
(1) When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the possession thereof.
(2) When goods or chattels which are attached on mesne process or taken in execution are claimed by a person other than the defendant in the action or debtor in the execution.
(3) When goods are attached or taken in execution and are claimed by the defendant in the action or debtor in the execution as exempt from attachment and levy.
§ 5332 Damages when replevin delays service of execution
If the goods, when replevied, were taken in execution or attached, and judgment is afterwards rendered for the attaching creditor, and if, in either case, the service of the execution is delayed by means of the replevin, the damages assessed for the defendant, upon judgment for a return, shall not be less than 12 percent annually, on the value of the goods, for such time as the service of the execution is so delayed.
§ 5333 Service not delayed as to balance of execution; alias execution
When the goods or chattels were taken in execution, the service thereof shall not be delayed as to any balance due thereon, after deducting the value of such goods or chattels, but the officer may execute the same, and the creditor may have an alias execution for such balance as if payment had been made thereon to the value of such goods or chattels. If judgment is rendered in favor of the plaintiff in replevin, the creditor may have an alias execution as if such goods or chattels had not been taken in execution.
§ 5334 Sale of goods returned
When judgment is rendered in favor of the defendant in the action of replevin, and the goods or chattels are returned, the same may be sold and the proceeds applied by the officer who took them in execution as if they had not been replevied.
§ 5335 Sums recovered by officer, how applied
Sums recovered in an action of replevin by an officer for or on account of goods attached or taken in execution by him or her, or recovered in an action on the bond given upon the replevin of such goods, shall be applied so far as they will go:
(1) to pay the fees and charges of the officer and reasonable expenses of the action of replevin, and the action on the bond, so far as they are not reimbursed by the costs recovered;
(2) to pay to the creditor, at whose action the goods were attached or taken in execution, the sum, if any, recovered in that action, or so much thereof as remains unpaid, with 12 percent interest for such time as the money has been withheld from the creditor, or the service of his or her execution delayed by reason of the replevin;
(3) if the attaching creditor does not recover judgment in his or her action, or if a balance remains of the monies so recovered by the officer, after so paying what is due to the creditor, such balance, or the whole amount, shall be disposed of as any surplus would be if the same goods had been sold on execution.
§ 5336 Attachment lien preserved
When the goods which are replevied had been attached, they shall, in case of a judgment for return, be held liable to the attachment and to levy of execution in the same manner as though replevin thereof had not been made. When final judgment is rendered before the return of the goods or if the goods, when replevied, were seized and held on execution, they shall be held subject to the same attachment or seizure for 30 days after the return, in order that the execution may be served thereon or the service completed, as it might have been if the goods had not been replevied.
§ 5337 Writ of reprisal
When the officer to whom the writ of return is committed cannot find the goods replevied, so as to deliver them to the defendant, he or she shall make return of that fact upon such writ, and the defendant shall thereupon be entitled to a writ of reprisal, to be awarded and issued upon his or her motion by the court in which the judgment was rendered, to take the goods and chattels of the plaintiff, to be held and disposed of as on a writ of execution.
§ 5338 When judgment for plaintiff is given
When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs.
Subchapter 4 Procedure in Replevin of Beasts, Goods, and Chattels
§ 5371 Writs; court to which returnable
Writ of replevin in actions under the provisions of sections 5321 and 5331 of this title shall issue out of the court to which returnable. If the value of the property to be replevied is $5,000.00 or less, the writ may be returnable to any court; if the value of the property exceeds $5,000.00, the writ shall be returnable to a Superior Court.
(Amended 1959, No. 142, § 5, eff. Feb. 1, 1960; 1965, No. 194, § 7, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 165, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 39, eff. April 9, 1974.)
§ 5372 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5373 Bond
The writ in an action of replevin commenced under the provisions of section 5321 or 5331 of this title shall not be issued until the plaintiff or someone in his or her behalf executes and delivers to the officer a bond to the defendant, with sufficient surety to be approved by the court, in a penalty double the value of the property to be replevied, with condition to prosecute the action to final judgment and pay such damages and costs as the defendant recovers against him or her, and also to return the property if that is the final judgment.
(Amended 1971, No. 185 (Adj. Sess.), § 166, eff. March 29, 1972.)
§§ 5374, 5375 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 5 Miscellaneous Provisions
§ 5401 Orders and judgment of court
Upon the abatement, dismissal, nonsuit, default, or trial of an action of replevin, the court shall make such order for the return or restoration of the goods as is just, and may take such inquest of damages in the premises as the rights of the parties require, and render judgment thereon accordingly. When such replevin terminates otherwise than upon the merits, such court may make such special order as to the return or restoration of the goods or as to damages, and may require such security in the premises, from either party, as is just.
§ 5402 Sums received by creditor, how applied
Sums received by the creditor from the sale of goods attached or taken in execution and afterward returned and sums received for the value of such goods not returned and sums recovered from the officer for the insufficiency of the sureties in the bond, shall be applied toward the discharge of the judgment recovered by the creditor. Sums received as interest or damages for the delay of his or her execution shall be retained to his or her own use, and shall not go in discharge of the judgment further than to discharge the interest on the same for the time for which interest was received.
§ 5403 Remedy on bond not affected
The foregoing provisions shall not preclude the defendant from resorting to his or her remedy on the replevin bond or to his or her remedy against the officer for the insufficiency of the sureties in the bond, to recover the value of the goods, with the loss or damage caused by the replevin or nondelivery thereof, notwithstanding he or she has endeavored to recover the same by the writs of return and reprisal.
§ 5404 Action against surety limited
An action shall not be maintained against a surety in a replevin bond unless the writ is served on the surety within one year after final judgment in the action of replevin.
(Amended 1971, No. 185 (Adj. Sess.), § 167, eff. March 29, 1972.)
§ 5405 Direction and service of writ
A writ of replevin shall not be directed to or served by a person other than an officer authorized by law to serve the same.
Chapter 184 Loss of Consortium
§ 5431 Loss of consortium
An action for loss of consortium may be brought by either spouse.
(Added 1977, No. 43.)
Chapter 185 Set-off
§§ 5461-5478 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Chapter 187 Small Claims Procedure
§ 5531 Rules governing procedure
(a) The Supreme Court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such Court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $10,000.00. Small claims proceedings shall be limited in accord with this chapter and the procedures made available under those rules. The procedure shall not be exclusive but shall be alternative to the formal procedure begun by the filing of a complaint.
(b) Parties may not request claims for relief other than money damages under this chapter. Nor may parties split a claim in excess of $10,000.00 into two or more claims under this chapter.
(c) In small claims actions where the plaintiff makes a claim for relief greater than $3,500.00, the defendant shall have the right to request a special assignment of a judicial officer. Upon making this request, a Superior judge or a member of the Vermont bar appointed pursuant to 4 V.S.A. § 22(b) shall be assigned to hear the action.
(d) Venue in small claims actions shall be governed by section 402 of this title.
(e) Notwithstanding this section or any other provision of law, the small claims court shall not have jurisdiction over actions for collection of any debt greater than $5,000.00 arising out of:
(1) a consumer credit transaction as defined in 15 U.S.C. § 1679a; or
(2) medical debt as defined in 18 V.S.A. § 9481.
(Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, No. 65; 1967, No. 311 (Adj. Sess.), § 2, eff. March 22, 1968; 1971, No. 44, § 1; 1973, No. 249 (Adj. Sess.), § 40, eff. April 9, 1974; 1977, No. 161 (Adj. Sess.), § 1; 1983, No. 208 (Adj. Sess.), § 2; 1993, No. 160 (Adj. Sess.), § 1; 1995, No. 181 (Adj. Sess.), § 2, eff. Sept. 1, 1996; 2007, No. 39, § 3; 2009, No. 154 (Adj. Sess.), § 83; 2023, No. 46, § 9, eff. June 5, 2023.)
§ 5532 Pleadings; fees
Procedure in the Superior Court shall be instituted without writ or pleading other than a concise statement on a form provided by the clerk who shall file the complaint in a docket kept for that purpose.
(Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, No. 119, § 2; 1971, No. 44, § 2; 1973, No. 249 (Adj. Sess.), § 41, eff. April 9, 1974; 1975, No. 227 (Adj. Sess.), § 2; 1977, No. 161 (Adj. Sess.), § 2; 1985, No. 54, § 5; 1995, No. 181 (Adj. Sess.), § 3, eff. Sept. 1, 1996.)
§ 5533 Other procedure
(a) The plaintiff shall supply to the clerk the following information:
(1) the plaintiff’s name, residence address, and telephone number;
(2) defendant’s name and place of residence, place of business or employment; and
(3) the nature and amount of the plaintiff’s claim, giving dates and other relevant information.
(b) The clerk shall reduce the information required in subsection (a) of this section to writing in concise, nontechnical form in a docket kept for that purpose, and shall also place it on a form which shall be attached to the summons.
(c) The defendant may include with his or her answer a counterclaim stating a claim which arises out of the transaction or occurrence that is the subject matter of the plaintiff’s claim and which does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. The relief requested in the counterclaim may exceed the jurisdictional limit of the small claims court, however the judgment shall not exceed that limit. Failure to assert a counterclaim does not prevent the defendant from bringing a later action for the same claim. The judgment of the small claims court on an asserted counterclaim shall not be conclusive between the parties in a later action nor shall the parties be precluded from litigating any issue of fact or law as a result of the judgment on the counterclaim. However, in any later action on the same claim as was raised in the counterclaim, the amount of any judgment shall be reduced by an amount equal to the jurisdictional limit of the small claims court at the time the counterclaim was first asserted.
(Amended 1977, No. 161 (Adj. Sess.), § 3; 1983, No. 208 (Adj. Sess.), § 3.)
§ 5534 Attachment; forms
In causes begun under the procedure, on application, the court may issue, for cause shown, writs of attachment of property and trustee process as in other civil actions. Necessary dockets and forms shall be prepared at the expense of the State.
(Amended 1971, No. 185 (Adj. Sess.), § 168, eff. March 29, 1972.)
§ 5535 Jury trial
A plaintiff beginning a cause under the procedure waives a jury trial. The defendant may have a hearing before the court under the procedure. He or she may, prior to the day upon which he or she is notified to appear, file with the court where the cause is pending a request for a trial by jury and his or her affidavit that there are questions of fact in the cause requiring trial, with specifications thereof, and that such is intended in good faith, together with a jury fee of $10.00 and thereupon at the day set for hearing, trial by jury shall be had as in ordinary cases.
(Amended 1975, No. 227 (Adj. Sess.), § 3; 1977, No. 161 (Adj. Sess.), § 4.)
§ 5536 Representation
Any person, corporation, or other legal entity shall be entitled but not required to be represented by an attorney in small claims court.
(Added 1977, No. 161 (Adj. Sess.), § 5.)
§ 5537 Payment of judgments
(a) On request of a judgment creditor whose judgment under this chapter has remained unsatisfied for 30 days, the court shall order the judgment debtor to appear before it and to disclose information relating to his or her ability to pay the judgment in full.
(b) Following disclosure under subsection (a) of this section, the court after hearing may order the judgment debtor to make such payments as the court, in its discretion, deems appropriate. Failure to make such payments may be considered civil contempt of court.
(c) [Repealed.]
(Added 1983, No. 208 (Adj. Sess.), § 1; amended 2007, No. 39, § 5.)
§ 5538 Appeals
Any party may appeal from a small claims judgment to Superior Court. The Chief Superior Judge shall assign the appeal to a Superior judge who shall not have participated in any way in the decision being appealed. The appeal shall be heard and decided, based on the record made in the small claims procedure. No appeal as of right exists to the Supreme Court. On motion made to the Supreme Court by a party to the action, the Supreme Court may allow an appeal from the Superior Court.
(Added 1983, No. 208 (Adj. Sess.), § 4; amended 1995, No. 181 (Adj. Sess.), § 4, eff. Sept. 1, 1996; 2009, No. 154 (Adj. Sess.), § 84; 2021, No. 147 (Adj. Sess.), § 23, eff. May 31, 2022.)
§ 5539 Repealed
[Repealed]
1991, No. 93, § 16b.
§ 5540 Repealed
[Repealed]
2007, No. 51, § 10.
§ 5540a Jurisdiction over small claims; assistant judges
(a)(1) Subject to the limitations in this section and notwithstanding any provision of law to the contrary, assistant judges of Essex, Caledonia, Rutland, and Bennington Counties sitting alone shall hear and decide small claims actions filed under this chapter with the Essex, Caledonia, Rutland, and Bennington Superior Courts.
(2) [Repealed.]
(b) With the exception of assistant judges authorized to preside in small claims matters prior to June 16, 2001 who have successfully completed the testing requirements established herein, an assistant judge hearing cases under this section shall have completed at least 100 hours of relevant training and testing and observed 20 hours of small claims hearings in accordance with the protocol for said training and observation, which shall be established by the Court Administrator in consultation with the Association of Assistant Judges. An assistant judge who hears cases under this section shall annually complete 16 hours of continuing education, established by the Court Administrator in consultation with the Association of Assistant Judges, relating to jurisdiction exercised under this section and shall file a certificate to such effect with the Court Administrator. Law clerk assistance available to Superior judges shall be available to the assistant judges.
(c) A decision of an assistant judge shall be entered as a small claims judgment and may be appealed pursuant to section 5538 of this title. The appeal shall be decided by the presiding judge.
(d) An assistant judge upon successful completion of the training under subsection (b) of this section shall cause the Superior Court clerk to notify the Court Administrator of the assistant judge’s successful completion of training. Upon receipt of such notification, small claims cases that require a hearing shall first be set for hearing before an assistant judge in the Superior Court in the county and shall be heard by the assistant judge. If the assistant judge is unavailable due to illness, vacation, administrative leave, disability, or disqualification, the Chief Superior Judge pursuant to 4 V.S.A. § 22 may assign a judge, or appoint and assign a member of the Vermont bar to serve temporarily as an acting judge, to hear small claims cases in the county. No action filed or pending shall be heard at or transferred to any other location unless agreed to by the parties. If both assistant judges of the county elect to successfully complete training to hear these matters, the senior assistant judge shall make the assignment of cases to be heard by each assistant judge. The assistant judges, once qualified to preside in these matters, shall work with the Court Administrator’s office and the Chief Superior Judge such that the scheduling of small claims cases before the assistant judges are at such times as to permit adequate current court personnel to be available when these cases are heard.
(e) Subdivision (a)(2) of this section shall be repealed effective on January 31, 2011.
(Added 1995, No. 181 (Adj. Sess.), § 5, eff. Sept. 1, 1996; amended 1997, No. 121 (Adj. Sess.), § 32; 2001, No. 70, § 2, eff. June 16, 2001; 2003, No. 58, § 1, eff. June 5, 2003; 2005, No. 71, § 96a; 2005, No. 167 (Adj. Sess.), § 8, eff. May 20, 2006; 2007, No. 51, § 11; 2009, No. 154 (Adj. Sess.), § 84a; 2015, No. 58, § E.204.12; 2021, No. 147 (Adj. Sess.), § 24, eff. May 31, 2022.)
§ 5541 Composition of court in small claims cases
For the purposes of this chapter, the Superior Court in small claims cases shall consist of the presiding judge sitting alone, an assistant judge sitting alone pursuant to section 5540 of this chapter, or an acting judge assigned pursuant to 4 V.S.A. § 22(b).
(Added 1995, No. 181 (Adj. Sess.), § 6, eff. Sept. 1, 1996; amended 2009, No. 154 (Adj. Sess.), § 85.)
Chapter 189 Tort Claims Against the State
§ 5601 Liability of State
(a) The State of Vermont shall be liable for injury to persons or property or loss of life caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment, under the same circumstances, in the same manner, and to the same extent as a private person would be liable to the claimant except that the claimant shall not have the right to levy execution on any property of the State to satisfy any judgment. The Superior Courts of the State shall have exclusive jurisdiction of any actions brought hereunder.
(b) Effective July 1, 2011, the maximum liability of the State under this section shall be $500,000.00 to any one person and the maximum aggregate liability shall be $2,000,000.00 to all persons arising out of each occurrence.
(c) If the claimant is not a resident of the State of Vermont, the claimant may bring suit in any Superior Court. The agent for the service of process shall be the Attorney General or the Attorney General’s duly authorized representative.
(d) This chapter does not allow any insurance carrier to bring action or recover against the State for any payments made as a result of any private insurance contract between the carrier and a State employee.
(e) This section shall not apply to:
(1) Any claim based upon an act or omission of an employee of the State exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, or based upon the exercise or performance or failure to exercise or perform a discretionary function or duty on the part of a State agency or an employee of the State, whether or not the discretion involved is abused.
(2) Any claim arising in respect to the assessment or collection of any tax or customs duty, or the levy upon or detention of any goods or merchandise by any law enforcement officer.
(3) Any claim for damages caused by the impositions of a quarantine by the State.
(4) Any claim for damages caused by the fiscal operations of any State officer or department.
(5) Any claim arising out of activities of the National Guard performed pursuant to 32 U.S.C. § 316, 502, 503, 504, 505, or 709, or pursuant to 20 V.S.A. §§ 366, 601, and 602.
(6) Any claim arising out of alleged assault, battery, abuse of process, misrepresentation, deceit, fraud, or interference with contractual rights.
(7) Any claim for which a remedy is provided or which is governed specifically by other statutory enactment.
(8) Any claim arising from the selection of or purposeful deviation from a particular set of standards for the planning and design of highways.
(f) The limitations in subsection (e) of this section do not apply to claims against the State of Vermont to the extent that there exists coverage under a policy of liability insurance purchased by the Secretary of Administration.
(g) Nothing in this chapter waives the rights of the State under the Eleventh Amendment of the U.S. Constitution.
(h) [Repealed.]
(Added 1961, No. 265, § 1, eff. Oct. 1, 1961; amended 1963, No. 215, § 1; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1989, No. 114, § 1, eff. June 20, 1989; 1989, No. 114, § 11(b); 1989, No. 163 (Adj. Sess.), § 2; 1995, No. 60, § 41a, eff. April 25, 1995; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 1999, No. 138 (Adj. Sess.), § 3; 1999, No. 152 (Adj. Sess.), § 280; 2009, No. 33, § 83(f); 2011, No. 40, § 36; 2021, No. 74, § E.103.)
§ 5602 Exclusive right of action
(a) When the act or omission of an employee of the State acting within the scope of employment is believed to have caused damage to property, injury to persons, or death, the exclusive right of action shall lie against the State of Vermont; and no such action may be maintained against the employee or the estate of the employee.
(b) This section does not apply to gross negligence or willful misconduct.
(c) As used in this chapter, “employee” means any person defined as a State employee by 3 V.S.A. § 1101.
(Added 1961, No. 265, § 2, eff. Oct. 1, 1961; amended 1989, No. 114, § 2, eff. June 20, 1989.)
§ 5603 Settlement of claims
(a) The Attorney General may consider, adjust, determine, and settle any claim for damages against the State of Vermont resulting from the acts or omissions of an employee as provided under 3 V.S.A. § 159. If the State elects to self-insure the liability as defined in 12 V.S.A. § 5601, the Attorney General shall consult with the Secretary of Administration prior to exercising his or her authority under this subsection.
(b) If the State of Vermont has undertaken the defense of a claim against a State employee as required by 3 V.S.A. § 1101, the acceptance by the claimant of any award, compromise, or settlement shall be final and conclusive on the claimant and shall constitute a complete release of any claim against the State of Vermont and all of its employees.
(c) Notwithstanding the provisions of subsection (b) of this section, if the employee has purchased a policy of liability insurance which covers claims based on gross negligence or willful misconduct in the operation of a motor vehicle, the acceptance of an award, compromise, or settlement shall not bar a claim for gross negligence or willful misconduct covered by that policy.
(Added 1961, No. 265, § 3, eff. Oct. 1, 1961; amended 1963, No. 215, § 2; 1989, No. 114, § 3, eff. June 20, 1989; 1989, No. 163 (Adj. Sess.), § 3; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2021, No. 74, § E.103.1.)
§ 5604 Payment
(a) Any award made or compromise or settlement against the State of Vermont agreed upon by the Attorney General shall be paid by the State Treasurer out of the appropriations of the department concerned. In the event an award is made or a compromise or settlement is agreed upon as the result of the acts or omissions of a State employee not connected with or employed by any agency, such award shall be paid by the State Treasurer out of the Treasury, and the Emergency Board shall reimburse the State Treasurer therefor from time to time.
(b) If the State elects to self-insure for liability as defined in 12 V.S.A. § 5601, any award, compromise, or settlement against the State of Vermont agreed to by the Attorney General shall be paid by the Treasurer from the liability self-insurance fund.
(c) To the extent that an award, settlement, or compromise is covered by a policy of liability insurance, payment will be governed by the terms of the policy.
(Added 1961, No. 265, § 4, eff. Oct. 1, 1961; amended 1989, No. 114, § 4, eff. June 20, 1989; 1989, No. 163 (Adj. Sess.), § 4.)
§ 5605 Repealed
[Repealed]
1989, No. 114, § 11(a)(3).
§ 5606 Indemnification of employees
(a) In any action defended by the Attorney General or the Attorney General’s designee in which a judgment is rendered against an employee of the State for acts or omissions within the scope of his or her employment, or a settlement requires payment by such a person, and the right of action is based upon 42 U.S.C. § 1983, or under a similar federal statute where State law is incapable of establishing employee immunity, the State shall indemnify the employee for the amount of the employee’s liability.
(b) The maximum liability of the State under this section shall be $500,000.00 to any one person and the maximum aggregate liability shall be $2,000,000.00 to all persons arising out of each occurrence.
(c) Notwithstanding subsection (a) of this section, no indemnification shall be paid:
(1) for a judgment or settlement which results from gross negligence or willful misconduct; or
(2) for a settlement not approved by the Attorney General or the Attorney General’s designee; or
(3) if the employee did not ensure that the Attorney General had timely notice of the action or the employee did not cooperate in the defense of the action.
(d) Upon certification by the Attorney General to the Commissioner of Finance and Management that an employee is eligible for indemnification under this section, the Commissioner shall issue a warrant for payment against funds available to the employee’s department or agency. If the Attorney General believes there is reasonable doubt about whether the officer or employee is eligible for indemnification, the Attorney General shall refer the matter to the Labor Relations Board which may decide the matter. The decision of the Board shall not be subject to appeal.
(Added 1989, No. 114, § 5, eff. June 20, 1989; amended 1989, No. 114, § 11(b); 2011, No. 40, § 36a, eff. May 20, 2011.)
Chapter 191 Interests of Minors
§ 5611 Interest of minors
A petition on any matter affecting the interests of a minor under 33 V.S.A. chapter 51, 52, or 53; 15 V.S.A. chapter 9; or chapter 107 of this title shall be set down for hearing at the earliest possible time and shall take precedence over all matters except older matters of the same character.
(Added 1975, No. 233 (Adj. Sess.), § 1; 2013, No. 131 (Adj. Sess.), § 103.)
Chapter 192 Arbitration Act
Subchapter 1 General Provisions
§ 5651 Short title
This chapter may be cited as the Vermont Arbitration Act.
(Added 1985, No. 95, § 2.)
§ 5652 Validity of arbitration agreements
(a) General rule. Unless otherwise provided in the agreement, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties creates a duty to arbitrate, and is valid, enforceable, and irrevocable, except upon such grounds as exist for the revocation of a contract.
(b) Required provision. No agreement to arbitrate is enforceable unless accompanied by or containing a written acknowledgment of arbitration signed by each of the parties or their representatives. When contained in the same document as the agreement to arbitrate, that acknowledgment shall be displayed prominently. The acknowledgment shall provide substantially as follows:
“ACKNOWLEDGMENT OF ARBITRATION.
I understand that (this agreement/my agreement with of ) contains an agreement to arbitrate. After signing (this/that) document, I understand that I will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights. Instead, I agree to submit any such dispute to an impartial arbitrator.”
(Added 1985, No. 95, § 2.)
§ 5653 Limitations
(a) This chapter applies to all arbitration agreements to the extent not inconsistent with the laws of the United States. However, this chapter does not apply to labor interest arbitration, nor to arbitration agreements contained in a contract of insurance, nor to grievance arbitration under 3 V.S.A. chapter 28. “Labor interest arbitration” means the method of concluding labor negotiations by having a disinterested person determine what will be the terms of an agreement.
(b) No arbitration agreement shall have the effect of preventing a person from seeking or obtaining the assistance of the courts in enforcing his or her constitutional or civil rights.
(Added 1985, No. 95 § 2; amended 1997, No. 92 (Adj. Sess.), § 7.)
§ 5654 Uniformity of interpretation
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it or substantially similar provisions.
(Added 1985, No. 95, § 2.)
§ 5655 Representation by attorney
A party has the right to be represented by an attorney at any proceeding or hearing under this subchapter. A waiver thereof prior to the proceeding or hearing is ineffective.
(Added 1985, No. 95, § 2.)
Subchapter 2 Arbitration Procedures
§ 5661 Majority action by arbitrators
The powers of the arbitrators may be exercised by a majority of them, unless otherwise provided by the agreement or by this chapter.
(Added 1985, No. 95, § 2.)
§ 5662 Witnesses; subpoenas; depositions
(a) Arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and may administer oaths. Subpoenas so issued shall be served in the manner provided by law for subpoenas in civil actions.
(b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
(c) All provisions of law compelling a person under subpoena to appear and to testify are applicable to subpoenas issued by arbitrators. Upon application, a court shall enforce or quash such a subpoena in the same manner as a subpoena in a civil action.
(d) Fees for attendance as a witness shall be the same as for a witness in the Superior Courts.
(Added 1985, No. 95, § 2.)
§ 5663 Award
(a) An arbitration award shall be in writing and signed by the arbitrators joining in it. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
(b) An award shall be made within the time fixed by the agreement or, if not so fixed, within such time as a court orders. The parties may extend the time in writing either before or after the expiration of an agreed or ordered time. A party waives the objection that an award was not made within the time required unless he or she notifies the arbitrators of his or her objection before the award is delivered to him or her.
(Added 1985, No. 95, § 2.)
§ 5664 Modification of award by arbitrators
(a) An award may be modified by the arbitrators:
(1) on application of a party; or
(2) following submission to the arbitrators from a court, and under such conditions as the court may order.
(b) Modification may be made for the purpose of clarifying the award or upon the following grounds:
(1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award; or
(2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) the award is imperfect in a matter of form, not affecting the merits of the controversy.
(c) An application by a party for modification shall be made within 30 days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he or she must serve his or her objections thereto, if any, within 10 days from the notice. The award so modified or corrected is subject to being subsequently confirmed, modified, or vacated by a court.
(Added 1985, No. 95, § 2.)
§ 5665 Fees and expenses of arbitration
Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses incurred in the conduct of the arbitration, shall be paid as provided in the award. An arbitration award may direct the payment of attorney’s fees if the parties have explicitly authorized the arbitrator to make such an award or if the award is based in whole or in part upon State or federal law which permits recovery of attorney’s fees.
(Added 1985, No. 95, § 2.)
§ 5666 Hearing
Unless otherwise provided by the agreement:
(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives all objections to notice.
(2) The arbitrators may adjourn the hearing from time to time as necessary. On request of a party and for good cause, or upon their own motion, the arbitrators may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date.
(3) The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.
(4) The parties are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(5) The hearing shall be conducted by all the arbitrators but the majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
(Added 1985, No. 95, § 2.)
Subchapter 3 Judicial Proceedings
§ 5671 Jurisdiction
The making of an agreement to arbitrate which is subject to this chapter confers jurisdiction on the Superior Court for proceedings under this chapter. Except where the context requires a broader reading, the term “court” as used in this chapter means the Superior Court. In relation to any such agreement to arbitrate, the court may enter any one or more orders:
(1) to compel a person to proceed with arbitration;
(2) to stay arbitration;
(3) to appoint arbitrators;
(4) to enforce a subpoena issued by arbitrators;
(5) to direct arbitrators to proceed with hearings or to make an award;
(6) to confirm an award of arbitrators;
(7) to vacate an award;
(8) to modify an award or to submit to arbitrators to consider modifying an award; and
(9) to enter judgment on the award.
(Added 1985, No. 95, § 2.)
§ 5672 Venue
(a) An initial application to the Superior Court may be made:
(1) in any county in which the agreement provides that arbitration hearings shall be held; or
(2) if a hearing has been held by arbitrators, in the county in which it was held; or
(3) in other cases, in the county where the party adverse to the moving party resides or has a place of business or, if he or she has neither in Vermont, in Washington County.
(b) All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
(Added 1985, No. 95, § 2.)
§ 5673 Applications to court; service
(a) Except as otherwise provided, an application to the Superior Court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule for the making and hearing of motions.
(b) Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in a civil action.
(Added 1985, No. 95, § 2.)
§ 5674 Proceedings to compel or stay arbitration
(a) On application of a party showing an agreement subject to this chapter and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of the agreement, the court shall determine the issue summarily. If the court finds for the moving party, it shall order the parties to proceed with arbitration. Otherwise, the application shall be denied.
(b) On application to compel or stay arbitration, and on a showing that there is no agreement to arbitrate, the court may stay a commenced or threatened arbitration proceeding. When in substantial and bona fide dispute, the issue of whether there is an agreement to arbitrate shall be forthwith and summarily tried. The court shall order the stay if it finds no enforceable agreement to arbitrate. Otherwise, the court shall order the parties to proceed to arbitration.
(c) When the existence or validity of an agreement to arbitrate or a party’s refusal to arbitrate is in substantial and bona fide dispute, the court shall proceed summarily to the determination of the issue.
(d) Notwithstanding section 5672 of this title relating to venue, if an issue referable to arbitration under an alleged agreement is involved in an action or proceeding pending in a Superior Court, applications to compel or to stay arbitration shall be made only to that court.
(e) Any action or civil proceeding involving an issue which is subject to arbitration shall be stayed if an order to compel arbitration or an application therefor has been made. If the issue is severable, the stay may be with respect only to that issue. When application to compel arbitration is made to a court other than the one in which the action or proceeding is pending, any order to compel arbitration shall include that stay.
(f) An order to compel arbitration shall not be refused on the ground that the claim in issue lacks merits or bona fides nor because the applicant has failed to show fault or grounds for the claim sought to be arbitrated.
(Added 1985, No. 95, § 2.)
§ 5675 Appointment of arbitrators
(a) On application of a party, a court shall appoint one or more arbitrators if:
(1) the arbitration agreement does not provide for a method of appointment; or
(2) the agreed method fails or for any reason cannot be followed; or
(3) an appointed arbitrator fails or is unable to act and his or her successor has not been duly appointed.
(b) If the arbitration agreement provides a method of appointment of arbitrators, that method shall be followed.
(c) An arbitrator appointed by the court has all of the powers of an arbitrator appointed under an agreement.
(Added 1985, No. 95, § 2.)
§ 5676 Confirmation of an award
Upon application of a party to confirm, modify, or vacate an award, the court shall confirm the award unless it finds grounds for vacating or modifying the award.
(Added 1985, No. 95, § 2.)
§ 5677 Vacating an award
(a) Upon application of a party to confirm, modify, or vacate an award, the court shall vacate an award where:
(1) the award was procured by corruption, fraud, or other undue means;
(2) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
(3) the arbitrators exceeded their powers;
(4) the arbitrators refused to postpone the hearing after being shown sufficient cause to do so, or refused to hear evidence material to the controversy, or otherwise conducted the hearing, contrary to this chapter so as to prejudice substantially the rights of a party; or
(5) a court has found that there was no arbitration agreement and the party did not participate in the arbitration hearing without raising the objection.
(b) The fact that relief granted by the arbitrators could not have been granted by a court is not reason to vacate or refuse to confirm the award.
(c) An application to vacate an award shall be made within 30 days after delivery of a copy of the award to the applicant, except that if predicated upon corruption, fraud, or other undue means, it may be made within 30 days after such grounds are known or should have been known.
(d) If the court vacates the award on grounds other than that there was no arbitration agreement, it may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence of such a provision, as appointed by the court. If the court vacates the award because the arbitrators exceeded their powers or improperly conducted the hearing, the court may order a rehearing before the arbitrators who made the award or their successors. Any time within which the agreement requires an award to be made applies to the rehearing, and commences from the date of the order.
(e) If an application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
(Added 1985, No. 95, § 2.)
§ 5678 Modification of award
(a) Upon application of a party to confirm, modify, or vacate an award, and made within 30 days after delivery of a copy of an award to the applicant, the court may submit the award to the arbitrators for modification or may consider modification under this section.
(b) If the court considers modification, it shall modify the award where it finds:
(1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;
(2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) the award is imperfect in a matter of form, not affecting the merits of the controversy.
(c) If modification is granted, the court shall modify the award so as to effect its intent and shall confirm the award as so modified and corrected.
(d) An application to modify an award shall be made within 30 days after delivery of a copy of the award to the applicant. It may be joined in the alternative with an application to vacate the award.
(Added 1985, No. 95, § 2.)
§ 5679 Judgment or decree on award
Upon the granting of an order confirming or modifying an award, judgment shall be entered in conformity therewith and be enforced as any other judgment. Costs of the application, of the proceedings subsequent thereto, and of disbursements may be awarded by the court.
(Added 1985, No. 95, § 2.)
§ 5680 Judgment roll; docketing
(a) On entry of judgment, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:
(1) the agreement and each written extension of the time within which to make the award;
(2) the award;
(3) a copy of the order confirming, modifying, or correcting the award; and
(4) a copy of the judgment or decree.
(b) The judgment or decree may be docketed as if rendered in an action.
(Added 1985, No. 95, § 2.)
§ 5681 Appeals
(a) An appeal may be taken from:
(1) an order denying an application to compel arbitration;
(2) an order granting an application to stay arbitration;
(3) an order confirming or denying confirmation of an award;
(4) an order modifying or correcting an award;
(5) an order vacating an award without directing a rehearing; or
(6) a judgment.
(b) The appeal shall be taken in the manner and to the same extent as from orders or judgment in a civil action.
(Added 1985, No. 95, § 2.)
Chapter 193 Snowmobile and Boating Violations
§§ 5701-5707 Repealed
[Repealed]
2017, No. 71, § 18.
Chapter 194 Uniform Mediation Act
§ 5711 Short title
This chapter may be cited as the Vermont Uniform Mediation Act.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5712 Uniformity of application
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5713 Definitions
As used in this chapter:
(1) “Court” means a court of competent jurisdiction in Vermont.
(2) “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(3) “Mediation communication” means a statement, whether oral, in a record, verbal, or nonverbal, that is made or occurs during a mediation or for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
(4) “Mediator” means an individual who conducts a mediation.
(5) “Nonparty participant” means a person, other than a party or mediator, that participates in a mediation.
(6) “Party” means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity.
(8) “Proceeding” means a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or a legislative hearing or similar process.
(9) “Record,” except in the phrase “record of proceeding,” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium, and is retrievable in perceivable form.
(10) “Sign” includes:
(A) executing or adopting a tangible symbol with the present intent to authenticate a record;
(B) attaching or logically associating an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5714 Scope
(a) Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a mediation in which:
(1) the parties are required to mediate by statute or court or administrative agency rule, or referred to mediation by a court, administrative agency, or arbitrator;
(2) the parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
(3) the parties utilize as a mediator a person that holds himself or herself out as providing mediation services.
(b) This chapter does not apply to a mediation:
(1) relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
(2) relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter applies to a mediation arising out of such a dispute that has been filed with a court or with a public agency other than the federal Mediation and Conciliation Service or the Vermont Labor Relations Board;
(3) conducted under the auspices of a primary or secondary school where all the parties are students, or under the auspices of a correctional institution for youths where all the parties are residents of that institution; or
(4) conducted by a judge who might make a ruling on the case.
(c) If the parties agree in advance that all or part of a mediation is not privileged, the privileges under sections 5715 through 5717 of this title do not apply to the mediation or part agreed upon. The agreement must be in a signed record or reflected in the record of a proceeding. However, sections 5715 through 5717 of this title apply to a mediation communication made by a person who has not received actual notice of the agreement before the communication is made.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5715 Privilege against disclosure; admissibility; discovery
(a) A mediation communication is privileged and is not subject to discovery or admissible in evidence in a proceeding.
(b) In a proceeding, the following privileges apply:
(1) A party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
(2) A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator.
(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5716 Waiver and preclusion of privilege
(a) A privilege under section 5715 of this title may be waived in a record or orally during a proceeding, if it is expressly waived by all parties to the mediation, and:
(1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and
(2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(b) A person who discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under section 5715 of this title to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(c) A person who intentionally uses a mediation to plan, attempt to commit, or commit a crime, or conceal an ongoing crime or ongoing criminal activity, may not assert a privilege under section 5715 of this title.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5717 Exceptions to privilege
(a) There is no privilege under section 5715 of this title for a mediation communication that is:
(1) in an agreement evidenced by a record signed by all parties to the agreement;
(2) available to the public under 1 V.S.A. chapter 5, subchapter 3, or made during a session of a mediation which is open, or is required by law to be open, to the public;
(3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(4) intentionally used to plan, attempt to commit, or commit a crime, or conceal an ongoing crime or ongoing criminal activity;
(5) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, but this exception does not apply where a child or adult protection case is referred by a court to mediation and a public agency participates in the mediation;
(6) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator; or
(7) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a party, nonparty participant, or representative of a party based on conduct occurring during a mediation, except as otherwise provided in subsection (c) of this section.
(b) There is no privilege under section 5715 of this title if a court, administrative agency, or arbitration panel finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and the mediation communication is sought or offered in:
(1) a criminal proceeding in Criminal Division of the Superior Court;
(2) a child protection proceeding under 33 V.S.A. chapter 49 or 55;
(3) a protection proceeding involving a vulnerable adult under 33 V.S.A. chapter 69; or
(4) a proceeding to prove a claim to rescind or reform, or a defense to avoid liability on, a contract arising out of the mediation, except as otherwise provided in subsection (c) of this section.
(c) A mediator may not be compelled to provide evidence of a mediation communication referenced in subdivision (a)(7) or (b)(4) of this section.
(d) If a mediation communication is not privileged under subsection (a) or (b) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this section does not render the evidence or any other mediation communication discoverable or admissible for any other purpose.
(Added 2005, No. 126 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238.)
§ 5718 Mediator report; disclosure; background
(a) A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, agency, or other authority that may make a ruling on the dispute that is the subject of the mediation, but a mediator may disclose:
(1) whether the case is not appropriate for mediation, whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(2) a mediation communication as permitted under section 5717 of this title; or
(3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of a child or vulnerable adult to a public agency responsible for protecting such individuals against such mistreatment.
(b) A communication made in violation of subsection (a) of this section may not be considered by a court or other tribunal.
(c) Subsections (d), (e), (f), and (g) of this section do not apply to an individual acting as a judge.
(d) Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a party or foreseeable participant in the mediation; and
(2) disclose as soon as is practicable before accepting a mediation any such fact known.
(e) If a mediator learns any fact described in subdivision (d)(1) of this section after accepting a mediation, the mediator shall disclose as soon as is practicable.
(f) A mediator shall be impartial, unless, after disclosure of the facts required in subsections (d) and (e) of this section, the parties agree otherwise.
(g) A person who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute if requested to do so by a party.
(h) A person who violates subsection (d), (e), or (f) of this section is precluded from asserting a privilege under section 5715 of this title.
(i) Unless otherwise required by law, no special qualification by background or profession is necessary to be a mediator under this chapter.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5719 Nonparty participation in mediation
An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5720 Confidentiality
Unless subject to 1 V.S.A. chapter 5, subchapter 2 or 3, mediation communications are confidential to the extent agreed to by the parties or provided by law.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5721 Relation to Electronic Signature in Global and National Commerce Act
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (Act), 15 U.S.C. § 7001(c), except that nothing in this chapter modifies, limits, or supersedes Section 101(c) of the Act nor authorizes electronic delivery of any of the notices described in Section 103(b) of the Act.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5722 Severability clause
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to this end, the provisions of this chapter are severable.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
§ 5723 Application to existing agreements or referrals
(a) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after July 1, 2006.
(b) On or after July 1, 2008, this chapter governs an agreement to mediate whenever made.
(Added 2005, No. 126 (Adj. Sess.), § 1.)
Chapter 195 Nuisance Suits Against Agricultural Activities
§ 5751 Legislative findings and purpose
The General Assembly finds that agricultural production is a major contributor to the State’s economy; that agricultural lands constitute unique and irreplaceable resources of statewide importance; that the continuation of existing and the initiation of new agricultural activities preserve the landscape and environmental resources of the State, contribute to the increase of tourism, and further the economic welfare and self-sufficiency of the people of the State; and that the encouragement, development, improvement, and preservation of agriculture will result in a general benefit to the health and welfare of the people of the State. In order for the agricultural industry to survive in this State, farms will likely change, adopt new technologies, and diversify into new products, which for some farms will mean increasing in size. The General Assembly finds that agricultural activities are potentially subject to lawsuits based on the theory of nuisance and that these suits encourage and could force the premature removal of the farmlands and other farm resources from agricultural use. It is the purpose of this chapter to protect reasonable agricultural activities conducted on the farm from nuisance lawsuits.
(Added 1981, No. 68, eff. May 1, 1981; amended 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004; 2025, No. 61, § 1, eff. July 1, 2025.)
§ 5752 Definitions
As used in this chapter:
(1) “Agricultural activity” means, but is not limited to:
(A) the cultivation or other use of land for producing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; the raising, feeding, or management of domestic animals as defined in 6 V.S.A. § 1151 or bees; the operation of greenhouses; the production of maple syrup; the on-site storage, preparation, and sale of agricultural products principally produced on the farm; and the on-site production of fuel or power from agricultural products or wastes principally produced on the farm;
(B) the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of crops; the composting of material principally produced by the farm or to be used at least in part on the farm; the ditching and subsurface drainage of farm fields and the construction of farm ponds; the handling of livestock wastes and by-products; and the on-site storage and application of agricultural inputs, including lime, fertilizer, and pesticides;
(C) “farming” as defined in 10 V.S.A. § 6001; and
(D) “agricultural activities” as defined in 6 V.S.A. § 4802.
(2) “Generally accepted agricultural practices” mean:
(A) the requirements of 6 V.S.A. chapter 215, including permit requirements or requirements of the Required Agricultural Practices, where applicable;
(B) the requirements of an active Concentrated Animal Feeding Operation permit issued under 10 V.S.A. chapter 47, where applicable;
(C) the requirements of the Agency of Agriculture, Food and Markets’ Vermont Rule for Control of Pesticides; and
(D) practices conducted in a manner consistent with proper and accepted customs and standards followed by similar operators of agricultural activities in the State.
(3) “Good standing with the State” means a person conducting an agricultural activity that is the basis of a nuisance claim does not have an active, unresolved enforcement violation stemming from the agricultural activity at issue that has reached a final order with the Secretary of Natural Resources or the Secretary of Agriculture, Food and Markets.
(Added 1981, No. 68, eff. May 1, 1981; amended 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004; 2021, No. 162 (Adj. Sess.), § 12, eff. June 1, 2022; 2025, No. 61, § 1, eff. July 1, 2025.)
§ 5753 Agricultural activities; protection from nuisance lawsuits
(a) No agricultural activity shall be or become a nuisance when the activity is conducted in accordance with generally accepted agricultural practices.
(b)(1) In order to assert nuisance protection under this chapter, a person conducting an agricultural activity shall demonstrate that the person is in good standing with the State. A person may demonstrate good standing by providing letters of good standing to a court from the Secretary of Agriculture, Food and Markets; the Secretary of Natural Resources; or both secretaries, as relevant to the nuisance claim.
(2) A plaintiff alleging that an agricultural activity is a nuisance shall have the burden of proving by a preponderance of the evidence that:
(A) the agricultural activity at issue is not entitled to the nuisance protection provided for under subsection (a) of this section because the agricultural activity is not conducted in accordance with generally accepted agricultural practice; and
(B) if the plaintiff proves the agricultural activity is not entitled to nuisance protection under subsection (a) of this section, the required elements of their nuisance claim.
(c) The nuisance protection for an agricultural activity provided for under subsection (a) of this section shall not apply if the plaintiff demonstrates one or more of the following:
(1) A nuisance violation results from the negligent operation of an agricultural activity.
(2) The agricultural activity has a substantial adverse effect on health, safety, or welfare based upon objective, documented medical or scientific evidence that the agricultural activity was the proximate cause of the alleged effect.
(3) A reasonable person would find that the agricultural activity was a proximate cause of a noxious and significant interference with the use and enjoyment of the neighboring property.
(d) This chapter shall not restrict or impede the authority of the State to protect the public health, safety, environment, or welfare.
(Added 1981, No. 68, eff. May 1, 1981; amended 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004; 2025, No. 61, § 1, eff. July 1, 2025.)
§ 5754 Liberal construction; severability
(a) This chapter is remedial in nature and shall be liberally construed to effectuate its purposes.
(b) If any provision of this chapter is held invalid, the invalidity does not affect other provisions of this chapter that can be given effect without the invalid provision, and for this purpose, the provisions of this chapter are severable.
(Added 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004; amended 2025, No. 61, § 1, eff. July 1, 2025.)
§ 5754a Required mediation prior to suit
(a) A person shall not bring a court action based on a claim of nuisance arising from an agricultural activity unless the person and the operator of the agricultural activity, at least once, attempt to resolve through mediation the issue or dispute that the person has concerning operation of the agricultural activity. The mediation shall be conducted according to the provisions of the Uniform Mediation Act set forth in chapter 194 of this title.
(b) The parties to the mediation may agree upon the use of a mediator to assist in the resolution of the agreed-upon issue or dispute, and the parties shall share the cost of the mediator equally or according to an agreement between the parties. If the parties to the mediation are unable to resolve the relevant issue or dispute through mediation, the parties may agree to submit the issue or dispute to binding arbitration pursuant to chapter 192 of this title and shall share the cost of the arbitration.
(c) A person bringing a court action based on a claim of nuisance arising from an agricultural activity shall provide the court with a sworn statement of an attempt to resolve the issue or dispute through mediation.
(Added 2025, No. 61, § 1, eff. July 1, 2025.)
Chapter 196 Vermont Right to Conduct Forestry Operations
§ 5755 Findings
The General Assembly finds that:
(1) Private and public forestlands:
(A) constitute unique and irreplaceable resources, benefits, and values of statewide importance;
(B) contribute to the protection and conservation of wildlife, wildlife habitat, air, water, and soil resources of the State;
(C) provide a resource for the State constitutional right to hunt, fish, and trap;
(D) mitigate the effects of climate change; and
(E) result in general benefit to the health and welfare of the people of the State.
(2) The forest products industry, including maple sap collection:
(A) is a major contributor to and is valuable to the State’s economy by providing jobs to its citizens;
(B) is essential to the manufacture of forest products that are used and enjoyed by the people of the State; and
(C) benefits the general welfare of the people of the State.
(3) Private and public forestlands are critical for and contribute significantly to the State’s outdoor recreation and tourism economies.
(4) The economic management of public and private forestlands contributes to sustaining long-term forest health, integrity, and productivity.
(5) Forestry operations are adversely impacted by the encroachment of urban, commercial, and residential land uses throughout the State that result in forest fragmentation and conversion and erode the health and sustainability of remaining forests.
(6) As a result of encroachment on forests, conflicts have arisen between traditional forestry land uses and urban, commercial, and residential land uses that threaten to permanently convert forestland to other uses, resulting in an adverse impact to the economy and natural environment of the State.
(7) The encouragement, development, improvement, and continuation of forestry operations will result in a general benefit to the health and welfare of the people of the State and the State’s economy.
(8) The forest products industry, in order to survive, likely will need to change, adopt new technologies, and diversify into new products.
(9) Conventional forestry practices, including logging, transportation, and processing of forest products may be subject to unnecessary or adversarial lawsuits based on the theory of nuisance. Nuisance suits could encourage and result in the conversion of forestland and loss of the forest products industry.
(10) It is in the public interest of the people of the State to ensure that lawfully conducted conventional forestry practices are protected and encouraged and are not subject to public and private nuisance actions arising out of conflicts between forestry operations and urban, commercial, and residential uses.
(Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)
§ 5756 Definitions
As used in this chapter:
(1) “Commissioner” means the Commissioner of Forests, Parks and Recreation.
(2) “Conventional forestry practices” means:
(A) forestry operations;
(B) a change in ownership or size of a parcel on which a forestry operation is being conducted;
(C) cessation or interruption of a forestry operation or a change in a forestry operation, including a change in the type of a forestry operation;
(D) enrollment in governmental forestry or conservation programs;
(E) adoption of new forestry technology;
(F) construction, maintenance, and repair of log landings, logging roads, and skid trails;
(G) visual changes due to the removal, storage, or stockpiling of vegetation or forest products;
(H) noise from forestry equipment used as part of a forestry operation; or
(I) the transport or trucking of forest products or of equipment on, to, or from the site of a forestry operation.
(3) “Forest product” means logs; pulpwood; veneer; bolt wood; wood chips; stud wood; poles; pilings; biomass; fuel wood; maple sap; or bark.
(4) “Forestry operation” means activities related to the management of forests, including timber harvests; removal, storage, or stockpiling of vegetation or timber; pruning; planting; lumber processing with portable sawmills; reforestation; pest, disease, and invasive species control; wildlife habitat management; and fertilization. “Forestry operation” includes one or both of the following:
(A) the primary processing of forest products on a parcel where a timber harvest occurs; and
(B) the primary processing of forest products at a site that is not the harvest site, provided that:
(i) the person conducting the forestry operations owns or has permission to use the site for the forestry operation;
(ii) the forestry operation was established prior to surrounding activities that are not forestry operations;
(iii) the site is used by the forestry operation for 12 or fewer months in any two-year period or 24 or fewer months in any five-year period;
(iv) the forestry operation complies with all applicable law; and
(v) only portable, nonpermanent equipment is used to process the forest products at the site.
(5) “Timber” means trees, saplings, seedlings, and sprouts from which trees of every size, nature, kind, and description may grow.
(6) “Timber harvest” means a forestry operation involving the harvesting of timber.
(Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)
§ 5757 Forestry operations; protection from nuisance lawsuits
(a) Except as provided for under subsections (b) and (c) of this section, a person conducting a conventional forestry practice shall be entitled to a rebuttable presumption that the conventional forestry practice does not constitute a public or private nuisance if the person conducts the conventional forestry practice in compliance with the following:
(1) the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont as adopted by the Commissioner under 10 V.S.A. § 2622; and
(2) other applicable law.
(b) The presumption under subsection (a) of this section that a person conducting a conventional forestry practice does not constitute a nuisance may be rebutted by showing:
(1) a nuisance resulted from the negligent operation of the conventional forestry practice;
(2) a nuisance resulted from a violation of State, federal, or other applicable law during the conduct of the conventional forestry practice; or
(3) clear and convincing evidence that the conventional forestry practice has a substantial adverse effect on the health, safety, or welfare of the complaining party.
(c) Nothing in this section shall be construed to limit the authority of State or local boards of health to abate nuisances affecting the public health.
(Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)
Chapter 197 Good Samaritan Law for Donations of Food
§ 5761 Definitions
As used in this chapter:
(1) “Perishable foods” means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. Perishable food includes fresh or processed meats, wild game, fish, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, and foods that have been packaged, refrigerated, or frozen.
(2) “Canned foods” means any canned food that has been hermetically sealed and commercially processed and prepared for human consumption, including canned or preserved fruits, vegetables, or other articles of food. There is specifically excluded for purposes of this section canned goods that are rusted, leaking, swollen, or canned goods that are defective or cannot be otherwise offered for sale to members of the general public.
(3) “Farm products” means any agricultural, dairy, or horticultural product, or any product designed or intended for human consumption or prepared principally from an agricultural, dairy, or horticultural product.
(4) “Charitable or nonprofit organization” means any organization which is exempt from federal or State income taxation, except that the term does not include organizations which sell or offer to sell such donated items of food.
(Added 1983, No. 209 (Adj. Sess.); amended 1997, No. 36, § 1.)
§ 5762 Liability for canned or perishable foods or farm products distributed free of charge
(a) Notwithstanding any other provision of law, a good-faith donor of any canned or perishable food or farm product, apparently fit for human consumption, who donates to a person for consumption, or to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, if the donor reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption and unless the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated, or harmful to the health or well-being of the person consuming the food.
(b) This section includes the good-faith donation of canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus, or other considerations, but shall not be deemed or construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of such food for human consumption.
(Added 1983, No. 209 (Adj. Sess.).)
Chapter 199 Defamation
§ 5771 Defamation action; attorney’s fees
If judgment is rendered for a defendant in a defamation action and the court finds that the action was frivolous and without merit, the court may award costs and reasonable attorney’s fees to the defendant.
(Added 1985, No. 244 (Adj. Sess.).)
Chapter 201 Immunity from Liability
§ 5781 Nonprofit organizations
A person who serves without compensation as a director, officer, or trustee of a nonprofit organization qualified as tax-exempt under Section 501(c) of the Internal Revenue Code of 1986, as from time to time amended, shall not be held personally liable for damages resulting from:
(1) any act or omission within the scope of the person’s official functions or duties which is done in good faith, unless it constitutes gross negligence or an intentional tort; however, this subdivision shall not protect a person from liability for damages which result from the operation of a motor vehicle;
(2) any act or omission of an employee of the nonprofit organization; or
(3) any act or omission of another director, officer, or trustee.
(Added 1987, No. 45, eff. May 13, 1987.)
§ 5782 Libraries
A person employed by a library with or without compensation shall not be held personally liable for damages resulting from:
(1) information contained in any library materials; or
(2) library services provided to library patrons in the course of his or her duties.
(Added 1989, No. 28, § 3.)
§ 5783 Hazardous materials accidents
(a) No action for damages to person or property may be maintained against a person who provides emergency assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened accidental discharge of hazardous materials, or in preventing, containing, or cleaning up or in attempting to prevent, contain, or clean up any such discharge. This section shall apply to assistance or advice provided at or to persons at the scene or in the immediate vicinity of the actual or threatened discharge only.
(b) Subsection (a) of this section shall not apply:
(1) to any person, or the employer or employee of any person, whose act or omission proximately caused in whole or in part the original actual or threatened discharge;
(2) to any person, or the employer or employee of any person, who receives or expects to receive compensation or remuneration, other than reimbursement for out-of-pocket expenses, for services in rendering such assistance or advice from the recipient of such assistance or advice, from a person whose act or omission caused in whole or in part the discharge, or from someone acting on behalf of such persons; or
(3) to any person who is not qualified by training, education, or experience, unless the person is supervised by a person who is so qualified.
(c) As used in this section:
(1) “Discharge” includes leakage, seepage, or other release.
(2) “Hazardous materials” include all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency.
(3) “Person” includes any individual, partnership, corporation, association, or other entity, including a person who coordinates or provides advice and assistance in conjunction with an emergency response program.
(d) Nothing in this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from that person’s gross negligence or willful misconduct.
(Added 1991, No. 192 (Adj. Sess.).)
§ 5784 Forcible entry of motor vehicle to remove unattended child or animal
A person who forcibly enters a motor vehicle for the purpose of removing a child or animal from the motor vehicle shall not be subject to civil liability for damages arising from the forcible entry if the person:
(1) determines the motor vehicle is locked or there is otherwise no reasonable method for the child or animal to exit the vehicle;
(2) reasonably and in good faith believes that forcible entry into the motor vehicle is necessary because the child or animal is in imminent danger of harm;
(3) notifies local law enforcement, fire department, or a 911 operator prior to forcibly entering the vehicle;
(4) remains with the child or animal in a safe location reasonably close to the motor vehicle until a law enforcement, fire, or other emergency responder arrives;
(5) places a notice on the vehicle that the authorities have been notified and specifying the location of the child or animal; and
(6) uses no more force to enter the vehicle and remove the child or animal than necessary under the circumstances.
(Added 2015, No. 147 (Adj. Sess.), § 24.)
Chapter 203 Limitations on Landowner Liability
§ 5791 Purpose
The purpose of this chapter is to encourage owners to make their land and water available to the public for no consideration for recreational uses by clearly establishing a rule that an owner shall have no greater duty of care to a person who, without consideration, enters or goes upon the owner’s land for a recreational use than the owner would have to a trespasser.
(Added 1997, No. 110 (Adj. Sess.), § 1.)
§ 5792 Definitions
As used in this chapter:
(1) “Consideration” means a price, fee, or other charge paid to or received by the owner in return for the permission to enter upon or to travel across the owner’s land for recreational use. Consideration shall not include:
(A) compensation paid to or a tax benefit received by the owner for granting a permanent recreational use easement;
(B) payment or provision for compensation to be paid to the owner for damage caused by recreational use; or
(C) contributions in services or other consideration paid to the owner to offset or insure against damages sustained by an owner from the recreational use or to compensate the owner for damages from recreational use.
(2)(A) “Land” means:
(i) open and undeveloped land, including paths and trails;
(ii) water, including springs, streams, rivers, ponds, lakes, and other water courses;
(iii) fences; or
(iv) structures and fixtures used to enter or go upon land, including bridges and walkways.
(B) “Land” does not include:
(i) areas developed for commercial recreational uses;
(ii) equipment, machinery, or personal property; and
(iii) structures and fixtures not described in subdivision (A)(iii) or (iv) of this subdivision (2).
(3) “Owner” means a person who owns, leases, licenses, or otherwise controls ownership or use of land, and any employee or agent of that person.
(4) “Recreational use” means an activity undertaken for recreational, educational, or conservation purposes, and includes hunting, fishing, trapping, guiding, camping, biking, in-line skating, jogging, skiing, snowboarding, swimming, diving, water sports, rock climbing, hang gliding, caving, boating, hiking, riding an animal or a vehicle, picking wild or cultivated plants, picnicking, gleaning, rock collecting, nature study, outdoor sports, noncommercial aviation, visiting or enjoying archaeological, scenic, natural, or scientific sites, or other similar activities. “Recreational use” also means any noncommercial activity undertaken without consideration to create, protect, preserve, rehabilitate, or maintain the land for recreational uses.
(Added 1997, No. 110 (Adj. Sess.), § 1; amended 2011, No. 99 (Adj. Sess.), § 1.)
§ 5793 Liability limited
(a) Land. An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner’s land for a recreational use unless the damage or injury is the result of the willful or wanton misconduct of the owner.
(b) Equipment, fixtures, machinery, or personal property.
(1) Unless the damage or injury is the result of the willful or wanton misconduct of the owner, an owner shall not be liable for property damage or personal injury sustained by a person who, without consideration and without actual permission of the owner, enters or goes upon the owner’s land for a recreational use and proceeds to enter upon or use:
(A) equipment, machinery, or personal property; or
(B) structures or fixtures not described in subdivision 5792(2)(A)(iii) or (iv) of this title.
(2) Permission to enter or go upon an owner’s land shall not, by itself, include permission to enter or go upon structures or to go upon or use equipment, fixtures, machinery, or personal property.
(c) Posting. An owner may post a sign warning against dangers on the owner’s land or water. An owner who posts a sign pursuant to this subsection shall not be liable for any damage or injury allegedly arising out of the posting unless the damage or injury is the result of the willful or wanton misconduct of the owner.
(Added 1997, No. 110 (Adj. Sess.), § 1; amended 2017, No. 136 (Adj. Sess.), § 1, eff. May 21, 2018.)
§ 5794 Landowner protection
(a) The fact that an owner has made land available without consideration for recreational uses shall not be construed to:
(1) limit the property rights of owners;
(2) limit the ability of an owner and a recreational user of the land to enter into agreements for the recreational use of the land to vary or supplement the duties and limitations created in this chapter;
(3) support or create any claim or right of eminent domain, adverse possession, or other prescriptive right or easement or any other land use restriction;
(4) alter, modify, or supersede the rights and responsibilities under 20 V.S.A. chapter 191 (animal control), and 20 V.S.A. chapter 193 (domestic pet or wolf-hybrid control); under 23 V.S.A. chapter 29 (snowmobiles), and 23 V.S.A. chapter 31 (all-terrain vehicles); under 19 V.S.A. chapter 23 (bicycle routes); and under 10 V.S.A. chapter 20 (Vermont trail system);
(5) extend any assurance that the land is safe for recreational uses or create any duty on an owner to inspect the land to discover dangerous conditions;
(6) relieve a person making recreational use of land from the obligation the person may have in the absence of this chapter to exercise due care for the person’s own safety in the recreational use of the land.
(b) Nothing in this chapter shall create any presumption or inference of permission or consent to enter upon an owner’s land for any purpose.
(c) For the purposes of protecting landowners who make land available for recreational use to members of the public for no consideration pursuant to this chapter, the presence of one or more of the following on land does not by itself preclude the land from being “open and undeveloped”: posting of the land, fences, or agricultural or forestry-related structures.
(Added 1997, No. 110 (Adj. Sess.), § 1; amended 1997 No. 147 (Adj. Sess.), § 190a.)
§ 5795 Exceptions
This chapter shall not apply to lands owned by a municipality or the State.
(Added 1997, No. 110 (Adj. Sess.), § 1.)
Chapter 211 Oaths
Subchapter 1 Forms of Oaths
§ 5801 Forms of oaths prescribed
The forms set out in this chapter shall be the forms of oaths to be administered to officers and persons as hereinafter mentioned.
§ 5802 Oath to be administered to grand jury
You solemnly swear that you will diligently inquire and true presentment make of all such matters and things as shall come to your knowledge, according to your charge. The counsel of the State, your own counsel, and that of your fellows, you shall keep secret. You will present no man for envy, hatred, or malice; neither will you leave any person unpresented for love, fear, favor, affection, or hope of reward; but you will present things truly as they come to your knowledge, to the best of your understanding, according to the laws of this State. So help you God.
§ 5803 Oath to be administered to petit jurors impaneled to try civil causes in Superior Courts
You solemnly swear that you will well and truly try each and every issue which may be given you in charge during the present term of this court, agreeably to the evidence given you in court, and the laws of this State, and true verdicts give; your own counsel and that of your fellows you will duly observe and keep; you will say nothing to any person about the business and matters you may at any time have in charge, but to your fellow jurors, nor will you suffer any one to speak to you about the same but in court; and when you have agreed on a verdict, you will keep it secret until you deliver it in court. So help you God.
§ 5804 Oath to be administered to petit jurors in criminal causes
You solemnly swear or affirm that, without respect to persons or favor of any person, you will well and truly try and true deliverance make, between the State of Vermont and the defendant, whom you shall have in charge, according to the evidence given you in court and the laws of the State. So help you God, or under the penalty of perjury pursuant to the laws of the State of Vermont.
(Amended 2023, No. 46, § 10, eff. June 5, 2023.)
§ 5805 Repealed
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
§ 5806 Oath to be administered to officer attending grand jury
You solemnly swear that, as officer of the grand jury, you will keep their counsel and that of the State, and that you will not disclose anything relative to their proceedings. So help you God.
§ 5807 Oath to be administered to officer taking charge of jury in Superior Court
You solemnly swear that, during the present term of this court, when you take charge of the jury impaneled for the trial of any cause, you will, after they have been charged by the court, keep them together in some suitable place; that you will suffer no person to speak to them upon the matters submitted to their charge until they are agreed, nor will you speak to them yourself about the same, but in court, or to ask them whether they are agreed; and that you will not, in any cause, disclose the verdict of the jury or any conversation they may have respecting the cause they may have in charge, until they have delivered up their verdict in court, or been released from their charge by order of court. So help you God.
§ 5808 Oath to be administered to officer taking charge of jury in criminal cause, during a recess of the court
You solemnly swear that you will keep together the persons composing this jury during any recess of the court, until they return into court, and that, in the meantime, you will suffer no person to speak to them, or speak to them yourself, concerning the cause on trial or any matter thereto relating. So help you God.
§ 5809 Repealed
[Repealed]
2009, No. 154 (Adj. Sess.), § 238.
§ 5810 Oath to be administered to witnesses
You solemnly swear that the evidence you shall give, relative to the cause now under consideration, shall be the whole truth and nothing but the truth. So help you God.
§ 5811 Oath to be administered to interpreter of testimony
You solemnly swear that you will justly, truly, and impartially interpret to A. B. the oath about to be administered to him or her, and the testimony he or she shall give relative to the cause now under consideration. So help you God.
§ 5812 Oath to be administered to attorneys
You solemnly swear (affirm) that you will do no falsehood, nor consent that any be done in court, and if you know of any, you will give knowledge thereof to the judges of the court or some of them, that it may be reformed; that you will not wittingly, willingly, or knowingly promote, sue, or procure to be sued, any false or unlawful suit, or give aid or consent to the same; that you will delay no person for lucre or malice, but will act in the office of attorney within the court, according to your best learning and discretion, with all good fidelity as well to the court as to your client. So help you God (or, “under the pains and penalties of perjury”).
(Amended 2019, No. 167 (Adj. Sess.), § 11, eff. October 7, 2020.)
§ 5813 Oath to be administered to officials, committees, etc
The form of oath to be administered to persons appointed in pursuance of the provisions of law, to perform any duty or execute any office, commission, or trust whatever, where an oath is required, and a specific form is not provided, shall be as follows:
You solemnly swear that you will faithfully execute the office (duty or trust) of ......................... to the best of your judgment and abilities, according to law. So help you God.
Or, when the person to be sworn produces to the magistrate a warrant of appointment, commission, or other certificate, the oath may be thus:
You solemnly swear that you will faithfully execute the duties assigned you by this warrant (commission, rule, or other certificate of appointment,) (as the case may be) to the best of your judgment and abilities, according to law. So help you God.
Subchapter 2 Administration of Oaths
§ 5851 Affirmation
In the administration of an oath, the word “swear” may be omitted, and the word “affirm” substituted, when the person to whom the obligation is administered is religiously scrupulous of swearing, or taking an oath in the prescribed form; and, in such case, the words “so help you God” may be omitted, and the words “under the pains and penalties of perjury” substituted; and a person so affirming shall be considered, for every legal purpose of privilege, qualification, or liability, as having been duly sworn.
§ 5852 Oaths of office; by whom administered
When other provision is not made by law, oaths of office may be administered by any Justice of the Supreme Court, Superior judge, assistant judge, justice of the peace, notary public, or the presiding officer, secretary, or clerk of either house of the General Assembly, or by the Governor.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 169, eff. March 29, 1972; 1991, No. 22; 2009, No. 154 (Adj. Sess.), § 88.)
§ 5853 By clerks of courts, referees, etc
Clerks and registers of courts, committees of the General Assembly, and referees, auditors, commissioners, special masters, and committees appointed by a court of law may administer oaths necessary to be taken for the establishment of truth or the furtherance of justice in any matter coming before such court, board, or commission for investigation.
§ 5854 Oaths, administering by court clerks, justices, notaries, etc.; certification
The Clerk of the Supreme Court, county clerks, justices of the peace, judges and registers of probate, judges and clerks of the Criminal Division of the Superior Court, notaries public and masters appointed by a Superior Court under an order of referee may administer oaths in all cases where an oath is required, unless a different provision is expressly made by law; and a notary public need not affix his or her official seal to a certificate of an oath administered by him or her. County clerks and clerks of the Criminal Division of the Superior Court may certify the oaths administered by them under the seal of the court.
(Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 170, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238.)
§ 5855 Oaths and acknowledgments by members of the U.S. Armed Forces
Whenever an oath of office, oath to an affidavit, deposition, or other written instrument or an acknowledgment of a deed, lease, conveyance, release, or other written instrument is required for use in or in connection with any matter pending in this State, such oaths may be taken before any officer of the U.S. Armed Forces of the rank of captain or rank superior thereto of the Army or equivalent rank in the other branches of service or by a person authorized by law where such oath or acknowledgment is to be taken to administer oaths and the officer or person who administers such oath or takes such acknowledgment shall state such fact thereunder over his or her signature and rank or title.
§ 5856 Storage of judicial oaths
The Vermont Supreme Court shall adopt a rule which establishes a procedure for the storage of judicial oaths.
(Added 1997, No. 121 (Adj. Sess.), § 37.)
Chapter 212 Limitation on Liability for Agritourism Activity
§ 5871 Definitions
As used in this chapter:
(1)(A) “Agritourism activity” means an interactive or passive activity that is carried out for recreational, entertainment, or educational purposes on a farm and includes farming, food production, historical, cultural, pick-your-own, and nature-based activities.
(B) “Agritourism activity” does not include lodging at a farm or shopping at a roadside farm stand or operation exclusively devoted to the sale of merchandise or food at retail.
(2) “Agritourism host” means a person who provides the facilities and equipment necessary to participate in an agritourism activity.
(3) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria established by the Required Agricultural Practices.
(4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).
(5) “Inherent risk” means any danger or condition that is an integral part of, or arises from, an agritourism activity, including:
(A) the propensity of a wild animal or domestic animal to behave in ways that may result in injury or death to persons on or near the wild animal or domestic animal;
(B) a hazard such as a surface or subsurface condition;
(C) a natural condition of land, vegetation, or waters;
(D) the ordinary dangers of structures or equipment used in farming; and
(E) the potential of a participant to act in a negligent way that may contribute to injury or death to the participant or others, such as failing to follow safety procedures or failing to act with reasonable caution while engaging in an agritourism activity.
(6)(A) “Participant” means any individual who is invited to observe or participate in an agritourism activity, regardless of whether the individual paid to observe or participate in the agritourism activity.
(B) “Participant” does not mean an individual who is paid to participate in an agritourism activity.
(Added 2021, No. 31, § 1.)
§ 5872 Limitation on duty to protect
(a) Except as provided in subsection (b) of this section, an agritourism host shall not have a legal duty to protect a participant from the inherent risks of an agritourism activity and shall not be liable for injury to or death of a participant or damage to the property of a participant resulting from the inherent risks of an agritourism activity, provided that the agritourism host posts the warning required under section 5873 of this title.
(b) Nothing in subsection (a) of this section shall limit the liability of an agritourism host who:
(1) commits a negligent act or omission concerning the safety of a participant that proximately causes injury or death to the participant;
(2) has actual knowledge of:
(A) a dangerous condition on the land, facilities, or equipment used in the activity, or
(B) the dangerous propensity of an animal used in the activity, which proximately causes injury or death to the participant, and does not make that danger known to the participant;
(3) intentionally injures a participant or intentionally damages a participant’s property;
(4) commits any other act, error, or omission that constitutes willful or wanton misconduct or criminal conduct that proximately causes injury or death to the participant; or
(5) fails to post the warning required under section 5873 of this title.
(c) Nothing in subsection (a) of this section shall prevent or limit the liability of an agritourism host under product liability law.
(d) Any limitation on liability afforded by this section to an agritourism host is in addition to any other limitations on liability otherwise provided by law.
(Added 2021, No. 31, § 1.)
§ 5873 Warning notice; posting; contracts
(a) To qualify for the limitation on liability under section 5872 of this title:
(1) an agritourism host shall post and maintain a sign in a clearly visible location at or near the main entrance to each agritourism activity and in black letters at least one inch in height containing the warning notice specified in subsection (b) of this section; and
(2) every written contract entered into between an agritourism host and a participant for goods or services related to an agritourism activity shall contain in clearly visible print the warning notice specified in subsection (b) of this section.
(b) The warning notice required under subsection (a) of this section shall read: “WARNING: Under Vermont law, an agritourism host is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of the agritourism activity. Inherent risks include the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity.”
(Added 2021, No. 31, § 1.)
Chapter 213 Judicial Forms
Subchapter 1 Writs and Other Forms
§ 5901 Forms prescribed; alterations
The forms of writs set out in this chapter, in the several courts of this State, and other proceedings, shall, as near as circumstances will admit, be adopted and used, and shall be sufficient in law; but alterations may be made and allowed by the courts when necessary to adapt them to changes in the law.
§ 5902 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5903 Repealed
[Repealed]
1979, No. 2, § 2, eff. Feb. 14, 1979.
§ 5904 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5905 Repealed
[Repealed]
1979, No. 2, § 2, eff. Feb. 14, 1979.
§§ 5906-5910 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5911 Forcible entry and detainer verdict
Verdict in Entry and Detainer
STATE OF VERMONT, At a court of inquiry held at
......................... County, ss. ......................... , on the
} ............ day of .................... A. D.
20 .......... , before E. F. and G. H., Justices of the peace in and for the county of ...................................... , aforesaid.
A. B. of ....................................................... , complainant, against C. D. of .......................................... , respondent.
The jury find that the facts alleged in the said A. B.’s complaint are true, and that the said C. D. is guilty thereof, and that the said A. B. ought to have restitution of the premises therein described, without delay. (If the jury do not find the allegations of the complainant proved, then after the word respondent insert) (the jury find that the facts alleged in the said A. B.’s complaint are not true, and that the said C. D. is not guilty.)
N. W., Foreman.
§ 5912 Restitution
Writ of Restitution in Case of Forcible Entry and Detainer
STATE OF VERMONT, To any sheriff or constable in
......................... County, ss. the State or to ......................... ,
} an indifferent person,
Greeting:
Whereas A. B. of, etc., at a court of inquiry of forcible entry and detainer, held at ................................................. in the county of ....................................... , on the ....................................... day of ....................................... A.D. 20 ...... , before E. F. and G. H., justices of the peace in and for the county of ................................... , by the consideration of the said court recovered a judgment against C. D. of ................................... , to have restitution of (here describe the premises as in the complaint)
Therefore, by the authority of the State of Vermont, you are hereby commanded forthwith to remove the said C. D. from the premises, and to cause the said A. B. to have peaceable restitution thereof. You are also hereby commanded, that of the goods, chattels or lands of the said C. D., within your precinct, you cause to be levied, and, the same being disposed of according to law, paid and satisfied to the said A. B., the sum of ......................... dollars, being the costs taxed against the said C. D. for the said A. B., by the court aforesaid, together with ......................... cents for this writ, and thereof also satisfy yourself for your own fees.
Fail not, but service and return make within .................... days from the date hereof.
Dated at .............................. in the county of ......................... , the ......................... day of ......................... A.D. 20 ........
E. F., Justice of the Peace.
G. H., Justice of the Peace.
§ 5913 Habeas corpus
Writ of Habeas Corpus
(Commencement as in § 5903.)
To the sheriff of .................. (or person having the custody of the prisoner,) (to be designated by his or her name or name of office) or to any sheriff in the State, or his or her deputy, (as the case may be)
Greeting:
By the authority of the State of Vermont, you are hereby commanded that the body of A. B. of ............................................. , in the prison in ............................................. , in the county of .................. , (or by you imprisoned and restrained of his or her liberty,) (as the case may be) together with the day and cause of his or her commitment (taking and detaining,) by whatsoever name the said A. B. shall be called or charged, you have forthwith before the .............................. court now sitting at, etc., or before me, at ........................................ (if issued by a Justice of the Supreme Court or a Superior judge) to do and receive what the said court shall then and there consider concerning him or her in this behalf, and have you have this writ.
(in case of imprisonment or detention by any person not an officer of this State, or of the courts of the United States, insert as follows) And you are hereby further commended to summon the said ........................................ (naming the person by whom such prisoner is restrained) to appear before said court or before me (as the case may be) at the time and place aforesaid, and show the cause, if any he or she have, of the taking and of detaining said A. B.
Dated at .............................. in the county of .................... , the .................... day of .............................. A.D. 20 ..........
Judge, etc., or Clerk.
§§ 5914-5923 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5924 Repealed
[Repealed]
1979, No. 2, § 2, eff. Feb. 14, 1979.
§ 5925 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
Subchapter 2 Forms for Pleadings and Trial
§§ 5961, 5962 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5963 Writ and complaint—justice ejectment
Writ and Complaint in Justice Ejectment
STATE OF VERMONT, To any sheriff or constable in
......................... County, ss. the State, or to .........................................
} an indifferent person,
Greeting:
By the authority of the State of Vermont, you are hereby commanded to attach the goods, chattels, or estate of ......................... of .............................. , in the county of .............................. to the value of ................................... dollars, and ......................... notify thereof according to law, (and for want thereof take his or her body, if to be found within your precinct, and him or her safely keep so that you have him or her to appear before me) (and ................................... also notify to appear before me) at .............................. , on the ........................................ day of ......................... at ............... o’clock in the ...................... noon, then and there to answer to the complaint of .............................. of .............................. , in the county of .............................. .
For that the said defendant, .............................. , is in the possession of certain lands (and tenements) situated in the town of ........................................ , in the county of ................................... , described as follows: (insert a brief description) which lands (and tenements) the said defendant holds unlawfully and against the right of the plaintiff, as it is said.
To the damage of the plaintiff ........................................ dollars, to recover which and the quiet and peaceable possession of the premises, with just costs, the plaintiff brings this action.
Fail not, but service and return make according to law.
(Conclude as in § 5903.)
§ 5964 Repealed
[Repealed]
1979, No. 2, § 2, eff. Feb. 14, 1979.
§§ 5965, 5966 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5967 Witness—subpoena for appearance before grand jury
Subpoena for Witness Before Grand Jury
(Commencement and direction as in § 5903.)
By the authority of the State of Vermont, you are hereby commanded to summon ......................... of ............... to appear before the grand jury of the county of ...................... , at the courthouse in ......................... , on the .................. day of ................ A.D. 20 ....... , at ............ o’clock in the .................. noon, to give evidence of what they know relative to all matters of complaint pending and to be investigated before such grand jury; and this neither of them may omit, as they will answer their default under the pains and penalties of the law in such case made and provided.
Fail not, but service and return make according to law.
Dated at, etc.
G. H., Clerk, Justice of the Peace,
Notary Public
§§ 5968-5971 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 5972 Repealed
[Repealed]
1979, No. 2, § 2, eff. Feb. 14, 1979.
Subchapter 3 Arrest, Bail, Bonds, and Recognizances
§ 6001 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 6002 Bailpiece—surety in jail bond taken on execution
Bailpiece to be Furnished a Surety in a Jail Bond Taken on an Execution
STATE OF VERMONT, On the ......... day of .........................................
......................... County, ss. } A. D. 20 ......... , A. B. of .........................................
in the county of .................... was bailed by C. D. of .................... in the county of ......................... , to the liberties of the jail yard in .............................. in the county of ............................. , on an execution in favor of E. F. of ............................................. in the county of ............................................. , the sum of ................. dollars damages, and .............................. dollars costs of action, with ......................... cents for such execution, and officers’ fees thereon to the amount of .............................. .
G. R., Jailer.
§ 6003 Surety for person charged with being father of illegitimate child
Bailpiece to be Furnished the Surety for Person Charged with Being the Father of an Illegitimate Child
STATE OF VERMONT, A. B. of ......................... in
......................... County, ss. } the county of .................... is
bailed by C. D. of ......................... in the county of .................... , upon a recognizance in the sum of ......................... dollars, returnable to (insert name of court or justice and the time and place of session) at the instance of E. F.; the said C. D. having become surety for the appearance of the said A. B. before said court (or justice) at ......................... , on the ........... day of .............
Given under my hand at ................................... , this ................. day of .............................. A. D. 20 ...... .
Attest,
G. H., Sheriff or Jailer.
(The warrant for arrest of principal may be as in § 6007, setting forth that the principal is charged with being the father of an illegitimate child, instead of with a crime.)
§ 6004 Repealed
[Repealed]
1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 6005 Warrant—issued on bailpiece furnished to surety in jail bond
Warrant to be Issued on the Bailpiece Furnished to a Surety in Jail Bond
(Commencement and direction as in § 5903.)
Whereas it has been made to appear to me, on application of C. D. of ................................... in the county of ......................... , that on the ......................... day of .................... A.D. 20 .......... , at ............................................. in the county of .................... , one A. B. of .............................. in the county of .................... , then a prisoner in the common jail in .............................. in the county of ..................................... , on an execution in favor of E. F. of ..................................... in the county of ......................... , for the sum of ............... dollars damages, and for the sum of .................... dollars costs of action, and ......................... cents for such execution, and officer’s fees thereon to the amount of ................................... , was bailed to the liberties of the aforesaid jail yard by the said C. D.; and the said C. D. having prayed for a warrant to recommit the said A. B., agreeably to the statute in such case made and provided;
Therefore, by the authority of the State of Vermont, you are hereby commanded to apprehend the body of the said A. B., and him or her safely keep until he or she pays the sums above mentioned, or is released from imprisonment by the creditor, or otherwise by order of law.
(Conclusion and date as in § 5912.)
J. I., Justice of the Peace.
§ 6006 Request therefor for arrest of principal in relief of bail
Request for a Warrant for the Arrest of a Principal in Relief of Bail
Whereas I, A. B., on ...................... day of ...................... A.D. 20 ....... , became bail for C. D., in the sum of .................... dollars, for his or her appearance before the Superior Court within and for the county of ................................... , on the ................. day of ............. next; the said C. D. being charged with the crime of .................. ; I now request you to grant me a warrant, in due form of law, to apprehend the body of the said C. D., that I may commit him or her to jail in the county of .............................. , in discharge of my recognizance.
Dated at, etc.
A. B.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 6007 Arrest of principal in relief of bail
Warrant for Arrest of Principal in Relief of Bail
STATE OF VERMONT, To any sheriff or constable in
......................... County, ss. the State or to .........................
} an indifferent person,
Greeting:
Whereas A. B. of ......................... , on the ......................... day of .................. A.D. 20 ...... , became bail for the appearance of C. D. before the Superior Court next to be held at .................... , within and for the county of .................... , on the .................... day of .................. A.D. 20 ...... , charged with the crime of ......................... , in the sum of ................ dollars; and whereas the said A. B. has this day filed with me his or her application, in writing, praying for a warrant to arrest the said C. D., to commit him or her to jail in discharge of the recognizance of the said A. B.;
Therefore, by the authority of the State of Vermont, you are hereby commanded to apprehend the body of the said C. D., and him or her commit to the keeper of the jail in the county of ......................... , within said jail, who is hereby commanded to receive the body of the said C. D., and him or her safely keep until he or she is discharged according to law.
Fail not, but service and return make according to law.
Dated at ..................... in the county of ................................... , the .................. day of ....................... A.D. 20 ...... .
............... , Justice of the Peace, Judge, or Clerk.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 6008 Condition of jail bond
Condition of a Jail Bond
The condition of the above obligation is such, that whereas the above bounden ..................... , now a prisoner in the common jail in ..................... in the county of ..................... and State of Vermont, by virtue of an execution in favor of ......................... of .................. in the county of ......................... and State of ................................... , for the sum of .................... dollars and ......... cents debt (or damages) and costs, and for the sum of .................... dollars and .............. cents costs, with ................. cents for such execution and the officer’s fees on the same, to the amount of ...................... , issued on a judgment recovered before (here set forth court, time, etc.,) and signed by (here mention the authority signing the execution, or, when the bond is taken on mesne process, insert in the condition,) ................................... now a prisoner in the common jail, etc., .................... at the suit of ................... of ................... in the county of ............................. and State of ....................... , demanding in his or her writ, debt (or damages) to the amount of ..................... dollars.
Now, if the said ........................ faithfully and absolutely remains within the limits of such jail yard, and does not depart therefrom until he or she is lawfully discharged, without committing any escape before such discharge, or doing any act by which the sheriff, as aforesaid, is damnified, in consequence of admitting the said ................... to the liberties of such jail yard; but at all times indemnifies and saves harmless the sheriff, in the premises; then this obligation to be void and of no effect, otherwise of force.
Signed, sealed and (L.S.)
delivered in presence of } (L.S.)
§ 6009 Poor debtor—oath
Poor Debtor’s Oath
The oath to poor debtors shall be administered by the commissioners of jail delivery in the following form:
“You solemnly swear that you have not estate, real or personal, to the amount of $20.00, nor sufficient to satisfy the execution on which you are committed, except such as is exempt from execution; and that you have not, directly or indirectly, disposed of any part of your estate to defraud your creditors; and that you have not, since your commitment, disposed of any of your property to defraud the creditor on whose execution you are committed. So help you God.”
§ 6010 Commissioner’s certificate on admission to oath
The certificate to be delivered by the commissioners to the prisoner admitted to the poor debtor’s oath shall be substantially as follows:
STATE OF VERMONT, To all whom it may concern,
......................... County, ss. }
Greeting:
............................ , a prisoner confined in the ......................... jail in ......................... in the county of ........................................ , on an execution in favor of ................................... of .................... in the county of ......................... and State of ......................... , dated the ............... day of ................................... , 20 ...... , for .............................. dollars and .................... cents damages (or debt) and ................................... dollars and .............................. cents cost, signed by ......................... , has this day been admitted to the poor debtor’s oath, and ought to be discharged. The creditor was (or was not) notified, and did (or did not) attend.
Given under our hands at ......................... , this .................... day
of ......................... , 20 ........
} Commissioners.
Subchapter 4 Indictments and Presentments
§ 6041 Indictment—perjury before court or tribunal
Indictment Against a Person for Committing Perjury Before a Court or Tribunal
STATE OF VERMONT, Be it remembered that at a
............................ County, ss. } term of the Superior Court begun
and held at ......................... within and for the county of ............. , aforesaid, on the ............... day of .............................. A.D. 20 ...... , the grand jurors within and for such county of .............................. , upon their oath present, that A. B. of ........................ in the county of ........................................ , at ......................... in such county of ......................... , on the .................... day of .................... A.D. 20 ........ , appeared as a witness in a proceeding in which C.D. and E.F. were parties, then and there being heard before a tribunal of competent jurisdiction, (here specify the matter under consideration) and committed the crime of perjury, by testifying in substance as follows: (here set out the matter sworn to and alleged to be false) which such testimony was material to the issue then and there pending in such proceeding, against the peace and dignity of the State.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 6042 Perjury before person or board authorized to examine witnesses
Indictment Against a Person for Committing Perjury Before a Person, or Board Consisting of More Than One Person, Authorized by Law to Examine Witnesses Under Oath
STATE OF VERMONT, Be it remembered that at a
............................ County, ss. } term of the Superior Court begun
and held at .............................. , within and for the county of ..................... , aforesaid, on the .................... day of ................................... A.D. 20.......... , the grand jurors within and for the county of ................................... , upon their oath present that ........................ of ................................... in the county of ................................... on the .................... day of ........... .............. A.D. 20........ , before (here insert the name of the person or board before whom the perjury was committed) the said (here insert the name of the person or board before whom the perjury was committed) then and there having authority to examine said (here insert name of respondent) under oath (here specify the matter then under consideration) committed the crime of perjury, by testifying in substance as follows: (here insert the matter claimed to be false) which said testimony was material in said proceeding, against the peace and dignity of the State.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 6043 Perjury in swearing to material matter in relation to which oath is authorized
Indictment Against a Person for Committing Perjury in Swearing or Affirming to a Material Matter in a Writing in Relation to Which an Oath or Affirmation is Authorized by Law
STATE OF VERMONT, Be it remembered that at a term
......................... County, ss. } of the Superior Court begun and held
at .................... , within and for the county of .................... , aforesaid, on the .................... day of .............................. A.D. 20 ....... , the grand jurors within and for such county of ................................... , upon their oath present, that A. B. of ......................... in the county of ................................... , at ................................... in such county, on the ......................... day of ........................................ A.D. 20 .......... , before G. H., then and there having competent authority to administer oaths, committed the crime of perjury, by falsely swearing (or affirming) to material matter in writing required by law to be sworn to (here insert substance of writing) signed by said A. B., which material matter is in substance as follows: (here set out the matter in such writing claimed to be false) against the peace and dignity of the State.
(Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 6044 Presentments for intoxication, breach of peace, and tramping
The presentments for intoxication, breach of the peace, and tramping, as provided for in 13 V.S.A. § 5507, shall be in substance as follows:
STATE OF VERMONT
......................... County, ss. }
(INTOXICATION)
To the (name of court) comes .............................. sheriff, constable, police officer (as the case may be) and upon his or her oath of office makes complaint that ................................... of ......................... in the county of ................................... at ................................... on the .................................. day of ............................... A. D. 20 ....... , became and was found intoxicated, contrary to the form of the statute, in such case made and provided, and against the peace and dignity of the State.
Dated at ................................... in the county of .................................... , this ................................... day of .............................. , A.D. 20 .......
(BREACH OF THE PEACE.)
Same as intoxication to italics, then in place of italics: “did disturb and break the public peace by tumultuous and offensive carriage, by threatening, quarreling, assaulting, beating, and striking (name of person assaulted).” Then continue as in intoxication after italics.
(TRAMPING.)
Same as intoxication to italics, then in place of italics: “was a transient person roving from place to place begging and living without labor or visible means of support.” Then continue as in intoxication after italics.
(TRAMPING.)
Same as intoxication to italics, then in place of italics: “did ride or attempt to ride on a railroad freight train and engine without to consent of the persons in charge thereof.” Then continue as in intoxication after italics.
Subchapter 5 Mittimus
§§ 6071-6078 Repealed
[Repealed]
1971, No. 199 (Adj. Sess.), § 22, eff. July 1, 1972.
§ 6079 Repealed
[Repealed]
1977, No. 252 (Adj. Sess.), § 36.
Chapter 215 Voluntary Arbitration
Subchapter 1 Voluntary Arbitration
§§ 7001-7009 Repealed
[Repealed]
2019, No. 167 (Adj. Sess.), § 24.
Subchapter 2 Mediation Prior to Filing a Complaint of Malpractice
§§ 7011-7015 Repealed
[Repealed]
2015, No. 54, § 61(b).
Chapter 216 Windsor County Youth Court
§§ 7101-7111 Repealed
[Repealed]
2017, No. 28, § 8, eff. May 10, 2017.
§ 7112 Repealed
[Repealed]
2001, No. 70, § 1, effective June 16, 2001.
Chapter 217 Emancipation of Minors
§ 7151 Emancipated minor; definition; criteria
(a) As used in this chapter:
(1) “Emancipated minor” means a minor who:
(A) has entered into a valid civil marriage prior to July 1, 2023, whether or not such civil marriage was terminated by dissolution;
(B) is on active duty with any of the U.S. Armed Forces; or
(C) has been ordered emancipated pursuant to section 7155 of this title.
(2) “Risk of harm” means a significant danger that a child will suffer serious harm other than by accidental means, which would be likely to cause physical injury, neglect, emotional maltreatment, or sexual abuse.
(b) In order to become an emancipated minor by court order under this chapter, a minor at the time of the order must be a person who:
(1) Is 16 years of age or older but under the age of majority.
(2) Has lived separate and apart from the minor’s parents, custodian, or legal guardian for three months or longer.
(3) Is managing the minor’s own financial affairs.
(4) Has demonstrated the ability to be self-sufficient in the minor’s financial and personal affairs, including proof of employment or the minor’s other means of support. “Other means of support” does not include general assistance, Reach Up financial assistance, or relying on the financial resources of another person who is receiving such assistance or aid.
(5) Holds a high school diploma or its equivalent or is earning passing grades in an educational program approved by the court and directed toward the earning of a high school diploma or its equivalent.
(6) Is not under a legal guardianship or in the custody of the Commissioner for Children and Families.
(7) Is not under the supervision or in the custody of the Commissioner of Corrections.
(Added 1995, No. 145 (Adj. Sess.), § 1; amended 2013, No. 131 (Adj. Sess.), § 104; 2023, No. 8, § 2, eff. July 1, 2023.)
§ 7152 Jurisdiction
The Probate Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning the emancipation of minors.
(Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 91, eff. Feb. 1, 2011.)
§ 7153 Petition; contents
(a) A minor may petition the Probate Division of the Superior Court in the probate district in which the minor resides at the time of the filing for an order of emancipation. The petition shall state:
(1) the minor’s name and date of birth;
(2) the minor’s address;
(3) the names and addresses, if known, of the minor’s parents;
(4) the names and addresses of any guardians or custodians, including the Commissioner for Children and Families, appointed for the minor, if appropriate;
(5) specific facts in support of the emancipation criteria in subsection 7151(b) of this chapter; and
(6) specific facts as to the reasons why emancipation is sought.
(b) A minor may not file a petition under subsection (a) of this section unless the minor has lived in Vermont for three months or longer.
(Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 92, eff. Feb. 1, 2011.)
§ 7154 Hearing; parties; notice
(a) Upon the filing of the petition, the court shall schedule a hearing.
(b) The minor’s parents, guardian, or other person charged with the custody of the minor shall be parties to the proceedings and shall be given an opportunity to be heard.
(c) At least 30 days prior to the hearing, notice shall be given to the minor’s parents, guardian, or other person charged with the custody of the minor, unless the court finds that their addresses are unknown, or that there are other reasons notice cannot be given.
(d) If the minor has been committed to the custody or guardianship of the Commissioner for Children and Families, or a petition has been filed to commit the minor to the custody of the Commissioner, the Commissioner shall be a party to the action under this chapter.
(e) Any action under this chapter may be consolidated with any other action in the Probate Division of the Superior Court involving the interest or welfare of the minor.
(f) The burden of proving facts necessary to sustain the petition shall be on the minor and shall be by a preponderance of the evidence.
(Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 7155 Findings; order of emancipation
(a) After completion of the hearing and consideration of the record, the court shall make findings and issue its order. If the court finds that the minor meets the criteria in subsection 7151(b) of this chapter and that emancipation would be in the best interests of the minor, the court shall forthwith issue an order of emancipation.
(b) At the time of the hearing under this section, the court shall consider the best interests of the minor in accordance with the following criteria:
(1) emancipation will not create a risk of harm to the minor;
(2) the likelihood the minor will be able to assume adult responsibilities;
(3) the minor’s adjustment to living separate and apart from his or her parents, guardian, or custodian; and
(4) the opinion and recommendations of the minor’s parents, guardian, or custodian.
(c) In ascertaining the best interests of the minor under this section, the court shall consider the appointment of a guardian ad litem.
(d) Any order of guardianship or custody shall be vacated before the court may issue an order of emancipation. Other orders of any division of the Superior Court may be vacated, modified, or continued in this proceeding if such action is necessary to effectuate the order of emancipation. Child support orders relating to the support of the minor shall be vacated, except for the duty to make past-due payments for child support, which, under all circumstances, shall remain enforceable.
(e) The court may require an emancipated minor to report periodically to the court or to another person specified by the court, regarding the minor’s compliance with the provisions of subsection 7151(b) of this title. Failure to report as required may result in the emancipation order being vacated upon notice to the parties.
(f) An order of emancipation shall be conclusive evidence that the minor is emancipated.
(Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 93.)
§ 7156 Effect of emancipation
(a) The order of emancipation shall recognize the minor as an adult for all purposes that result from reaching the age of majority, including:
(1) entering into a binding contract;
(2) litigation and settlement of controversies, including the ability to sue and be sued;
(3) buying or selling real property;
(4) establishing a residence except that an emancipation order may not be used for the purpose of obtaining residency and in-state tuition or benefits at the University of Vermont or the Vermont State Colleges;
(5) being prosecuted as an adult under the criminal laws of the State;
(6) terminating parental support and control of the minor and their rights to the minor’s income;
(7) terminating parental tort liability for minor; and
(8) indicating the minor’s emancipated status on driver’s license or identification card issued by the State.
(b) The order of emancipation shall not affect the status of the minor in the applicability of any provision of law that requires specific age requirements under the State or federal constitution or any State or federal law, including laws that require a person to be at least 18 years of age to marry and laws that prohibit the sale, purchase, or consumption of alcoholic beverages to or by a person under 21 years of age.
(Added 1995, No. 145 (Adj. Sess.), § 1; amended 2017, No. 83, § 145; 2023, No. 8, § 2a, eff. July 1, 2023.)
§ 7157 Recognition of out-of-state emancipation orders
A minor who is emancipated by the lawful procedure of another state shall retain that status in this State and shall enjoy the benefits of this chapter while in this State.
(Added 1995, No. 145 (Adj. Sess.), § 1.)
§ 7158 Order of emancipation obtained by fraud or withholding material information; voidability; effect on rights and obligations; commencement of proceeding
(a) An order of emancipation obtained by fraud or by the withholding of material information shall be voidable. The voiding of any such order pursuant to this section shall not alter any contractual obligations or rights or any property rights or interest which arose during the period that the order was in effect. However, any such obligation, right, or interest, which benefits a person who caused or participated in the fraud or withholding of material information, may be canceled by the minor.
(b) A proceeding under this section may be commenced by any person or by any public or private agency. Notice of the commencement of the proceeding shall be consistent with the requirements of the initial hearing as required by this chapter.
(Added 1995, No. 145 (Adj. Sess.), § 1.)
§ 7159 Legislative intent; minimum expense; forms
It is the intent of the General Assembly that proceedings under this chapter shall be as simple, informal, and inexpensive as possible as these terms are used in subsection 5531(a) of this title, and to that end, the Court Administrator shall prepare and distribute to the clerks of the Probate Division of the Superior Court appropriate forms for the proceedings which are suitable for use by minors appearing on their own behalf.
(Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
Chapter 219 Medical Monitoring
§ 7201 Definitions
As used in this chapter:
(1) “Disease” means any disease, illness, ailment, or adverse physiological or chemical change linked to exposure to a proven toxic substance. A disease is serious if it has the potential to cause death, disability, or chronic pain.
(2) “Establishment” means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, commercial or charitable activity, or governmental function.
(3) “Exposure” means ingestion, inhalation, or absorption through any body surface.
(4) “Facility” means all contiguous land, structures, other appurtenances, and improvements on the land where proven toxic substances are manufactured, processed, used, or stored. A facility may consist of several treatment, storage, or disposal operational units. A facility shall not include land, structures, other appurtenances, and improvements on the land owned by a municipality.
(5) “Large facility” means a facility:
(A) where an activity within a Standard Industrial Classification code of 10 through 14, 20 through 39, 40 through 42, 44 through 46, or 49 is conducted or was conducted; and
(B)(i) where, at any one time, 10 or more full-time or full-time equivalent employees have been employed; or
(ii) that is owned or operated by a person who, when all facilities or establishments that the person owns or controls are aggregated, has employed 500 employees at any one time.
(6) “Medical monitoring” means a program of medical tests or procedures for the purpose of early detection of signs or symptoms of a latent disease resulting from exposure.
(7) “Operator” means a person who manages, conducts, or directs the operations of a facility.
(8) “Owner” means a person who owns or controls a facility. “Owner” shall not mean a person who without participating in the management of the facility holds indicia of ownership primarily to protect a security interest.
(9) “Person” means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity.
(10)(A) “Proven toxic substance” means any substance, mixture, or compound that may cause personal injury or disease to humans and that satisfies one or more of the following:
(i) the substance, mixture, or compound is listed on the U.S. Environmental Protection Agency Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act, Comprehensive Environmental Response, Compensation and Liability Act, and Section 112(r) of the Clean Air Act;
(ii) the substance, mixture, or compound is defined as a “hazardous material” under 10 V.S.A. § 6602 or under rules adopted under 10 V.S.A. chapter 159;
(iii) testing has produced evidence, recognized by the National Institute for Occupational Safety and Health or the U.S. Environmental Protection Agency, that the substance, mixture, or compound poses acute or chronic health hazards;
(iv) the Department of Health has issued a public health advisory for the substance, mixture, or compound;
(v) the Secretary of Natural Resources has designated the substance, mixture, or compound as a hazardous waste under 10 V.S.A. chapter 159; or
(vi) exposure to the substance, mixture, or compound is shown by expert testimony to increase the risk of developing a serious latent disease.
(B) “Proven toxic substance” shall not mean:
(i) a pesticide when applied consistent with good practice; in conformity with federal, State, and local laws, rules, and regulations; and according to the manufacturer’s instructions; or
(ii) ammunition or components thereof, firearms, air rifles, discharge of firearms or air rifles, or hunting or fishing equipment or components thereof.
(11) “Release” means any act or omission that allows a proven toxic substance to enter the air, land, surface water, or groundwater.
(12) “Tortious conduct” or “tortious” means negligence, trespass, nuisance, product liability, or common law liability for ultra-hazardous or abnormally dangerous activity.
(Added 2021, No. 93 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 7202 Medical monitoring for exposure to proven toxic substances
(a) A person without a present injury or disease shall have a cause of action for the remedy of medical monitoring against a person who is the owner or operator of a large facility from which a proven toxic substance was released if all of the following are demonstrated by a preponderance of the evidence:
(1) exposure at a rate significantly greater than the general population;
(2) to a proven toxic substance;
(3) as a result of tortious conduct of the defendant;
(4) as a proximate result of the exposure, plaintiffs have suffered an increased risk of contracting a serious disease;
(5) the increased risk makes it medically necessary for the plaintiffs to undergo periodic medical examination different from that prescribed for the general population in the absence of exposure; and
(6) monitoring procedures exist that are reasonable in cost and safe for use.
(b) If the cost of medical monitoring is awarded, a court shall order the defendant found liable to pay the award to a court-supervised medical monitoring program administered by one or more appropriate health professionals, including professionals with expertise in exposure to toxic substances or expertise with treating or monitoring the relevant latent disease or diseases.
(c) Upon an award of medical monitoring under subsection (b) of this section, the court shall award to the plaintiff reasonable attorney’s fees and other litigation costs reasonably incurred.
(d)(1) This chapter shall be the exclusive remedy for a person without a present injury to bring a cause of action to seek medical monitoring due to exposure to a proven toxic substance.
(2) Except as provided under subdivision (1) of this subsection, nothing in this chapter shall be deemed to preclude the pursuit of any other civil or injunctive remedy or defense available under statute or common law, including the right of any person to seek to recover for damages related to the manifestation of a latent disease. The remedies and defenses in this chapter are in addition to those provided by existing statutory or common law.
(e) This section shall not increase the rights and remedies available under 21 V.S.A. chapter 9 to an employee who suffers a personal injury by accident arising out of and in the course of employment, provided that 21 V.S.A. chapter 9 shall not limit the right of a person who has not suffered a personal injury by accident arising out of and in the course of employment to bring a cause of action for medical monitoring.
(Added 2021, No. 93 (Adj. Sess.), § 1, eff. July 1, 2022.)
Chapter 221 Legally Protected Health Care Activity
§ 7301 Definition
As used in this chapter:
(1)(A) “Abusive litigation” means litigation or other legal action to deter, prevent, sanction, or punish any person engaging in legally protected health care activity by:
(i) filing or prosecuting any action in any other state where liability, in whole or part, directly or indirectly, is based on legally protected health care activity that occurred in this State, including any action in which liability is based on any theory of vicarious, joint, or several liability derived therefrom; or
(ii) attempting to enforce any order or judgment issued in connection with any such action by any party to the action, or any person acting on behalf of a party to the action.
(B) A lawsuit shall be considered to be based on conduct that occurred in this State if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in this State, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit.
(2) “Gender-affirming health care services” has the same meaning as provided in 1 V.S.A. § 150.
(3) “Legally protected health care activity” has the same meaning as in 1 V.S.A. § 150.
(4) “Public agency” has the same meaning as in 1 V.S.A. § 317(a).
(5) “Reproductive health care services” has the same meaning as provided in 1 V.S.A. § 150.
(Added 2023, No. 14, § 3, eff. May 10, 2023.)
§ 7302 Tortious interference with legally protected health care activity
(a) Access to reproductive health care services and gender-affirming health care services is a legal right in this State. Interference with legally protected health care activity, whether or not under the color of law, is against the public policy of this State.
(b) Any public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, or authorizes a person to bring a civil action against or otherwise interferes with a person, provider, payer, or other entity in this State that seeks, receives, causes, aids in access to, aids or abets, or provides, or attempts or intends to seek, receive, cause, aid in access to, aid or abet, or provide, legally protected health care services shall be an interference with the exercise and enjoyment of the rights secured by this State and shall be a violation of the public policy of this State.
(c) If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, legally protected health care activity, any aggrieved person, provider, payer, or other entity, including any defendant in such abusive litigation, may initiate a civil action for injunctive, monetary, or other appropriate relief within six years after the cause of action accrues.
(d) If the court finds for the petitioner in an action authorized by this section, recovery may include damages for the amount of any judgment issued in connection with any abusive litigation, and any and all other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation and with the tortious interference action.
(e) A court may exercise jurisdiction over a person in an action authorized by this section if:
(1) personal jurisdiction is found;
(2) the person has commenced any action in any court in this State and, during the pendency of that action or any appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law; or
(3) the exercise of jurisdiction is permitted under the Constitution of the United States.
(f) Abusive litigation does not include a lawsuit or judgment entered in another state that is based on conduct for which a cause of action would exist under the laws of this State if the course of conduct that forms the basis for liability had occurred entirely in this State, including any contract, tort, common law, or statutory claims.
(g) An attorney shall not be liable under this section, if acting on behalf of another and within the scope of the attorney’s license. A lawyer acting pro se, or a public prosecutor having the personal discretion to decide whether to bring abusive litigation, shall not be immune under this subsection.
(Added 2023, No. 14, § 3, eff. May 10, 2023.)
§ 7303 Foreign judgments
(a) In any action filed to enforce a foreign judgment issued in connection with abusive litigation concerning legally protected health care activity, the court shall not give any force or effect to any judgment issued without jurisdiction or due process or to any judgment that is penal in nature.
(b) Foreign judgments issued in connection with abusive litigation concerning legally protected health care activity shall be brought by filing a new and independent action on the judgment within five years after the rendition of the judgment, and not after.
(Added 2023, No. 14, § 3, eff. May 10, 2023.)
§ 7304 Testimony and documents
(a) Notwithstanding any other provision in this title or court rule to the contrary, except as required by federal law, a court shall not order a person who is domiciled or found within this State to give testimony or a statement or produce documents or other things with any proceeding in a tribunal outside this State concerning abusive litigation involving legally protected health care activity.
(b) Any aggrieved person, provider, payer, or other entity, including any defendant in abusive litigation, may move to modify or quash any subpoena issued in connection with such abusive litigation on any grounds provided by court rule, statute, or on the grounds that the subpoena is inconsistent with the public policy of this State.
(Added 2023, No. 14, § 3, eff. May 10, 2023.)
§ 7305 Choice of law
Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of this State shall govern in any case or controversy heard in this State related to legally protected health care activity, except as may be required by federal law.
(Added 2023, No. 14, § 3, eff. May 10, 2023.)
§ 7306 Noncooperation
(a) No public agency or employee, appointee, officer or official, or any other individual acting on behalf of a public agency may knowingly provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any interstate or federal investigation or proceeding seeking to impose civil or criminal liability upon an individual or entity for:
(1) the provision, seeking or receipt of, or inquiring about legally protected health care activity that is legal in this State; or
(2) assisting any individual or entity providing, seeking, receiving, or responding to an inquiry about legally protected health care activity that is legal in this State.
(b) This section shall not apply to:
(1) any investigation or proceeding where the conduct subject to potential liability under the investigation or proceeding would be subject to liability under the laws of this State if committed in this State;
(2) any order issued by a Vermont State court or a federal court; or
(3) a public agency or employee, appointee, officer or official, or any other individual acting on behalf of a public agency who, in the course of normal business, is responding to a warrant or extradition demand on the good faith belief that the warrant or demand is valid in this State.
(Added 2023, No. 14, § 3, eff. May 10, 2023; amended 2025, No. 20, § 5, eff. May 13, 2025.)
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