12 V.S.A. § 1606 — VT Code / Title 12 / Chapter 61 / Section 1606
§ 1606. Religious belief
Status: in_force

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.
12 V.S.A. § 2696 — VT Code / Title 12 / Chapter 111 / Section 2696
§ 2696. Levy valid if affirmed or action not brought
Status: in_force

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.
12 V.S.A. § 5653 — VT Code / Title 12 / Chapter 192 / Section 5653
§ 5653. Limitations
Status: in_force

(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.
12 V.S.A. § 5761 — VT Code / Title 12 / Chapter 197 / Section 5761
§ 5761. Definitions
Status: in_force

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.
12 V.S.A. § 1905 — VT Code / Title 12 / Chapter 81 / Section 1905
§ 1905. Eminent domain; findings of damages; instructions to jury
Status: in_force

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.)
12 V.S.A. § 4914 — VT Code / Title 12 / Chapter 171 / Section 4914
§ 4914. Complaint and warrant
Status: in_force

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.
12 V.S.A. § 4631 — VT Code / Title 12 / Chapter 163 / Section 4631
§ 4631. Mediation program established
Status: in_force

(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.
12 V.S.A. § 1944 — VT Code / Title 12 / Chapter 81 / Section 1944
§ 1944. Appointment of jury foreman
Status: in_force

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.
12 V.S.A. § 5177 — VT Code / Title 12 / Chapter 179 / Section 5177
§ 5177. Disposal of proceeds
Status: in_force

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.
12 V.S.A. § 5534 — VT Code / Title 12 / Chapter 187 / Section 5534
§ 5534. Attachment; forms
Status: in_force

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.
12 V.S.A. § 3404 — VT Code / Title 12 / Chapter 123 / Section 3404
§ 3404. Duties of appraisers; sale
Status: in_force

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.
12 V.S.A. § 5662 — VT Code / Title 12 / Chapter 192 / Section 5662
§ 5662. Witnesses; subpoenas; depositions
Status: in_force

(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.
12 V.S.A. § 3961 — VT Code / Title 12 / Chapter 143 / Section 3961
§ 3961. Pay for transporting prisoner
Status: in_force

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.
12 V.S.A. § 4725 — VT Code / Title 12 / Chapter 167 / Section 4725
§ 4725. Uniformity of interpretation
Status: in_force

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.
12 V.S.A. § 1077 — VT Code / Title 12 / Chapter 27 / Section 1077
§ 1077. Tender of compensation
Status: in_force

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.)
12 V.S.A. § 6002 — VT Code / Title 12 / Chapter 213 / Section 6002
§ 6002. Bailpiece-surety in jail bond taken on execution
Status: in_force

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.
12 V.S.A. § 183 — VT Code / Title 12 / Chapter 7 / Section 183
§ 183. Extension of time when there is a surety
Status: in_force

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.)
12 V.S.A. § 3574 — VT Code / Title 12 / Chapter 125 / Section 3574
§ 3574. Penalty for not delivering copy
Status: in_force

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.
12 V.S.A. § 2901 — VT Code / Title 12 / Chapter 113 / Section 2901
§ 2901. Creation of judgment lien
Status: in_force

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.
12 V.S.A. § 3142 — VT Code / Title 12 / Chapter 121 / Section 3142
§ 3142. Payment made on judgment in trustee action allowed
Status: in_force

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.
12 V.S.A. § 1643 — VT Code / Title 12 / Chapter 61 / Section 1643
§ 1643. Expert witness
Status: in_force

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.
12 V.S.A. § 3954 — VT Code / Title 12 / Chapter 143 / Section 3954
§ 3954. Copy of process annexed to complaint
Status: in_force

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.
12 V.S.A. § 2793 — VT Code / Title 12 / Chapter 111 / Section 2793
§ 2793. Form where attached on original writ
Status: in_force

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.
12 V.S.A. § 3063 — VT Code / Title 12 / Chapter 121 / Section 3063
§ 3063. Amount of judgment; execution
Status: in_force

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.
12 V.S.A. § 5711 — VT Code / Title 12 / Chapter 194 / Section 5711
§ 5711. Short title
Status: in_force

This chapter may be cited as the Vermont Uniform Mediation Act.
12 V.S.A. § 7158 — VT Code / Title 12 / Chapter 217 / Section 7158
§ 7158. Order of emancipation obtained by fraud or withholding material information; voidability; effect on rights and obligations; commencement of proceeding
Status: in_force

(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.
12 V.S.A. § 2745 — VT Code / Title 12 / Chapter 111 / Section 2745
§ 2745. Levy when not paid
Status: in_force

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.
12 V.S.A. § 3129 — VT Code / Title 12 / Chapter 121 / Section 3129
§ 3129. Trustee's liability on refusal to deliver property
Status: in_force

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.
12 V.S.A. § 1663 — VT Code / Title 12 / Chapter 61 / Section 1663
§ 1663. Suits or prosecutions for fraudulent conveyances
Status: in_force

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.)
12 V.S.A. § 2787 — VT Code / Title 12 / Chapter 111 / Section 2787
§ 2787. Notice, advertisement, and sale
Status: in_force

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.
12 V.S.A. § 4961 — VT Code / Title 12 / Chapter 172 / Section 4961
§ 4961. Power of nonjudicial sale
Status: in_force

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.
12 V.S.A. § 5801 — VT Code / Title 12 / Chapter 211 / Section 5801
§ 5801. Forms of oaths prescribed
Status: in_force

The forms set out in this chapter shall be the forms of oaths to be administered to officers and persons as hereinafter mentioned.
12 V.S.A. § 851 — VT Code / Title 12 / Chapter 25 / Section 851
§ 851. Service on Secretary of State
Status: in_force

A business organization is subject to the service of process provisions in 11 V.S.A. § 1656.
12 V.S.A. § 815 — VT Code / Title 12 / Chapter 25 / Section 815
§ 815. Nonabatement on change in officers or members
Status: in_force

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.
12 V.S.A. § 4919 — VT Code / Title 12 / Chapter 171 / Section 4919
§ 4919. Proceedings when respondent cannot be found
Status: in_force

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.
12 V.S.A. § 3076 — VT Code / Title 12 / Chapter 121 / Section 3076
§ 3076. Trustee liable only for balance due
Status: in_force

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.
12 V.S.A. § 2797 — VT Code / Title 12 / Chapter 111 / Section 2797
§ 2797. Rents, profits, and waste; appraisal; collection
Status: in_force

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.
12 V.S.A. § 4923 — VT Code / Title 12 / Chapter 171 / Section 4923
§ 4923. Action of trespass to recover damages
Status: in_force

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.
12 V.S.A. § 3131 — VT Code / Title 12 / Chapter 121 / Section 3131
§ 3131. Defense of trustee sued for not delivering property
Status: in_force

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.
12 V.S.A. § 4926 — VT Code / Title 12 / Chapter 171 / Section 4926
§ 4926. Limitation of action
Status: in_force

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.
12 V.S.A. § 3978 — VT Code / Title 12 / Chapter 143 / Section 3978
§ 3978. Penalty for not executing writ
Status: in_force

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.
12 V.S.A. § 5771 — VT Code / Title 12 / Chapter 199 / Section 5771
§ 5771. Defamation action; attorney's fees
Status: in_force

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.
12 V.S.A. § 520 — VT Code / Title 12 / Chapter 23 / Section 520
§ 520. Payment of wages
Status: in_force

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.
12 V.S.A. § 693 — VT Code / Title 12 / Chapter 25 / Section 693
§ 693. Constables
Status: in_force

In the service of process, constables shall have the same powers and be subject to the same liabilities and penalties as sheriffs.
12 V.S.A. § 2743 — VT Code / Title 12 / Chapter 111 / Section 2743
§ 2743. Executions against municipal corporations-To issue against goods or chattels of inhabitants
Status: in_force

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.
12 V.S.A. § 5719 — VT Code / Title 12 / Chapter 194 / Section 5719
§ 5719. Nonparty participation in mediation
Status: in_force

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.
12 V.S.A. § 2386 — VT Code / Title 12 / Chapter 102 / Section 2386
§ 2386. Passing causes before final judgment
Status: in_force

(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.
12 V.S.A. § 4917 — VT Code / Title 12 / Chapter 171 / Section 4917
§ 4917. Costs; verdict guilty
Status: in_force

In his or her writ of restitution, the district judge may order the costs taxed to be levied.
12 V.S.A. § 501 — VT Code / Title 12 / Chapter 23 / Section 501
§ 501. Recovery of lands
Status: in_force

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.
12 V.S.A. § 5813 — VT Code / Title 12 / Chapter 211 / Section 5813
§ 5813. Oath to be administered to officials, committees, etc
Status: in_force

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.
12 V.S.A. § 4949 — VT Code / Title 12 / Chapter 172 / Section 4949
§ 4949. Mortgagor's redemption prior to judicial sale
Status: in_force

(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.
12 V.S.A. § 3016 — VT Code / Title 12 / Chapter 121 / Section 3016
§ 3016. Nonresidents summoned as trustees
Status: in_force

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.
12 V.S.A. § 3066 — VT Code / Title 12 / Chapter 121 / Section 3066
§ 3066. Answers and statements of trustee not conclusive
Status: in_force

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.
12 V.S.A. § 5535 — VT Code / Title 12 / Chapter 187 / Section 5535
§ 5535. Jury trial
Status: in_force

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.
12 V.S.A. § 504 — VT Code / Title 12 / Chapter 23 / Section 504
§ 504. Covenant of warranty
Status: in_force

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.
12 V.S.A. § 5533 — VT Code / Title 12 / Chapter 187 / Section 5533
§ 5533. Other procedure
Status: in_force

(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.
12 V.S.A. § 3022 — VT Code / Title 12 / Chapter 121 / Section 3022
§ 3022. Assignment of future earnings; validity as against trustee process; recording
Status: in_force

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.
12 V.S.A. § 5334 — VT Code / Title 12 / Chapter 183 / Section 5334
§ 5334. Sale of goods returned
Status: in_force

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.
12 V.S.A. § 5185 — VT Code / Title 12 / Chapter 179 / Section 5185
§ 5185. Conveyance before service of complaint
Status: in_force

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.
12 V.S.A. § 853 — VT Code / Title 12 / Chapter 25 / Section 853
§ 853. Doing business by particular companies without designating process agent; penalty
Status: in_force

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.
12 V.S.A. § 65 — VT Code / Title 12 / Chapter 3 / Section 65
§ 65. Party to action pending at same term
Status: in_force

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.
12 V.S.A. § 3079 — VT Code / Title 12 / Chapter 121 / Section 3079
§ 3079. Liability of trustee on failure to pay
Status: in_force

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.
12 V.S.A. § 3951 — VT Code / Title 12 / Chapter 143 / Section 3951
§ 3951. Unlawful restraint
Status: in_force

A person shall not be restrained or imprisoned unless by authority of law.
12 V.S.A. § 2805 — VT Code / Title 12 / Chapter 111 / Section 2805
§ 2805. Conveyance; tenant shall attorn
Status: in_force

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.
12 V.S.A. § 3403 — VT Code / Title 12 / Chapter 123 / Section 3403
§ 3403. Perishable property-Notice of sale; appraisers
Status: in_force

(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.
12 V.S.A. § 6041 — VT Code / Title 12 / Chapter 213 / Section 6041
§ 6041. Indictment-perjury before court or tribunal
Status: in_force

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.
12 V.S.A. § 3361 — VT Code / Title 12 / Chapter 123 / Section 3361
§ 3361. Defense in action by vendor
Status: in_force

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.
12 V.S.A. § 523 — VT Code / Title 12 / Chapter 23 / Section 523
§ 523. Trade secrets
Status: in_force

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.
12 V.S.A. § 4765 — VT Code / Title 12 / Chapter 169 / Section 4765
§ 4765. Damages; transfer of title pending action
Status: in_force

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.
12 V.S.A. § 525 — VT Code / Title 12 / Chapter 23 / Section 525
§ 525. Actions based on discrimination
Status: in_force

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.
12 V.S.A. § 4712 — VT Code / Title 12 / Chapter 167 / Section 4712
§ 4712. Party plaintiff; power to construe
Status: in_force

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.
12 V.S.A. § 181 — VT Code / Title 12 / Chapter 7 / Section 181
§ 181. Agreements required to be written
Status: in_force

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.
12 V.S.A. § 3476 — VT Code / Title 12 / Chapter 125 / Section 3476
§ 3476. Rights of bail-Bailpiece in bastardy proceedings
Status: in_force

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.
12 V.S.A. § 5136 — VT Code / Title 12 / Chapter 178 / Section 5136
§ 5136. Procedure
Status: in_force

(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.
12 V.S.A. § 2747 — VT Code / Title 12 / Chapter 111 / Section 2747
§ 2747. Recovery against municipality
Status: in_force

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.
12 V.S.A. § 5134 — VT Code / Title 12 / Chapter 178 / Section 5134
§ 5134. Emergency relief
Status: in_force

(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.”
12 V.S.A. § 5654 — VT Code / Title 12 / Chapter 192 / Section 5654
§ 5654. Uniformity of interpretation
Status: in_force

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.
12 V.S.A. § 893 — VT Code / Title 12 / Chapter 25 / Section 893
§ 893. Continuances; costs
Status: in_force

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.
12 V.S.A. § 2131 — VT Code / Title 12 / Chapter 85 / Section 2131
§ 2131. Costs in Supreme Court
Status: in_force

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.
12 V.S.A. § 1695 — VT Code / Title 12 / Chapter 63 / Section 1695
§ 1695. Records of births, civil marriages, and deaths
Status: in_force

(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.
12 V.S.A. § 2904 — VT Code / Title 12 / Chapter 113 / Section 2904
§ 2904. Recording
Status: in_force

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.
12 V.S.A. § 1039 — VT Code / Title 12 / Chapter 27 / Section 1039
§ 1039. Equine activities; acceptance of inherent risks
Status: in_force

(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.
12 V.S.A. § 5163 — VT Code / Title 12 / Chapter 179 / Section 5163
§ 5163. Complaint and summons; venue
Status: in_force

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.
12 V.S.A. § 5336 — VT Code / Title 12 / Chapter 183 / Section 5336
§ 5336. Attachment lien preserved
Status: in_force

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.
12 V.S.A. § 695 — VT Code / Title 12 / Chapter 25 / Section 695
§ 695. Receipt for process
Status: in_force

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.
12 V.S.A. § 7159 — VT Code / Title 12 / Chapter 217 / Section 7159
§ 7159. Legislative intent; minimum expense; forms
Status: in_force

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.
12 V.S.A. § 4635 — VT Code / Title 12 / Chapter 163 / Section 4635
§ 4635. Compliance with obligations
Status: in_force

(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.
12 V.S.A. § 5333 — VT Code / Title 12 / Chapter 183 / Section 5333
§ 5333. Service not delayed as to balance of execution; alias execution
Status: in_force

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.
12 V.S.A. § 1913 — VT Code / Title 12 / Chapter 81 / Section 1913
§ 1913. Blockchain enabling
Status: in_force

(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.
12 V.S.A. § 5401 — VT Code / Title 12 / Chapter 183 / Section 5401
§ 5401. Orders and judgment of court
Status: in_force

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.
12 V.S.A. § 5053 — VT Code / Title 12 / Chapter 175 / Section 5053
§ 5053. Representative of deceased joint contractor
Status: in_force

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.
12 V.S.A. § 4672 — VT Code / Title 12 / Chapter 165 / Section 4672
§ 4672. Effect on attachments
Status: in_force

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.
12 V.S.A. § 1698 — VT Code / Title 12 / Chapter 63 / Section 1698
§ 1698. Judgments
Status: in_force

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.
12 V.S.A. § 462 — VT Code / Title 12 / Chapter 23 / Section 462
§ 462. Lands for a public, pious, or charitable use
Status: in_force

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.
12 V.S.A. § 5807 — VT Code / Title 12 / Chapter 211 / Section 5807
§ 5807. Oath to be administered to officer taking charge of jury in Superior Court
Status: in_force

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.
12 V.S.A. § 4813 — VT Code / Title 12 / Chapter 169 / Section 4813
§ 4813. Proceedings in ejectment stayed; lands charged
Status: in_force

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.
12 V.S.A. § 2688 — VT Code / Title 12 / Chapter 111 / Section 2688
§ 2688. Officer to endorse time of receiving; preference
Status: in_force

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.
12 V.S.A. § 733 — VT Code / Title 12 / Chapter 25 / Section 733
§ 733. Fees
Status: in_force

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.
12 V.S.A. § 1901 — VT Code / Title 12 / Chapter 81 / Section 1901
§ 1901. Exclusion of public
Status: in_force

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.
12 V.S.A. § 1 — VT Code / Title 12 / Chapter 1 / Section 1
§ 1. Rules of pleading, practice, and procedure; forms
Status: in_force

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.
12 V.S.A. § 5852 — VT Code / Title 12 / Chapter 211 / Section 5852
§ 5852. Oaths of office; by whom administered
Status: in_force

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.
12 V.S.A. § 3012 — VT Code / Title 12 / Chapter 121 / Section 3012
§ 3012. Tort actions; arrest
Status: repealed

(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.
12 V.S.A. § 5187 — VT Code / Title 12 / Chapter 179 / Section 5187
§ 5187. Commissioner disqualified, others may act
Status: in_force

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.
12 V.S.A. § 5132 — VT Code / Title 12 / Chapter 178 / Section 5132
§ 5132. Jurisdiction and venue
Status: in_force

(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.
12 V.S.A. § 6003 — VT Code / Title 12 / Chapter 213 / Section 6003
§ 6003. Surety for person charged with being father of illegitimate child
Status: in_force

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.)
12 V.S.A. § 3155 — VT Code / Title 12 / Chapter 121 / Section 3155
§ 3155. Proceedings if judgment belongs to assignee
Status: in_force

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.
12 V.S.A. § 5323 — VT Code / Title 12 / Chapter 183 / Section 5323
§ 5323. Judgment for plaintiff
Status: in_force

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.
12 V.S.A. § 4951 — VT Code / Title 12 / Chapter 172 / Section 4951
§ 4951. Judgment vacated
Status: in_force

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.
12 V.S.A. § 4938 — VT Code / Title 12 / Chapter 172 / Section 4938
§ 4938. Effect on bankruptcy proceedings
Status: in_force

Nothing in this chapter shall be construed to supersede any provision of Title 11 of the United States Code.
12 V.S.A. § 3582 — VT Code / Title 12 / Chapter 125 / Section 3582
§ 3582. County answerable if jail insufficient
Status: in_force

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.
12 V.S.A. § 4719 — VT Code / Title 12 / Chapter 167 / Section 4719
§ 4719. Jury trial
Status: in_force

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.
12 V.S.A. § 2432 — VT Code / Title 12 / Chapter 103 / Section 2432
§ 2432. Passing causes to Supreme Court; recognizance in ejectment cases
Status: in_force

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.
12 V.S.A. § 3143 — VT Code / Title 12 / Chapter 121 / Section 3143
§ 3143. Fraudulent conveyance and assignment-Trustee with title void as to creditors; examination
Status: in_force

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.
12 V.S.A. § 5611 — VT Code / Title 12 / Chapter 191 / Section 5611
§ 5611. Interest of minors
Status: in_force

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.
12 V.S.A. § 4852 — VT Code / Title 12 / Chapter 169 / Section 4852
§ 4852. Mode of process; declaration; trial by jury
Status: in_force

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.
12 V.S.A. § 5179 — VT Code / Title 12 / Chapter 179 / Section 5179
§ 5179. How made
Status: in_force

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.
12 V.S.A. § 4715 — VT Code / Title 12 / Chapter 167 / Section 4715
§ 4715. Construction; general powers of court
Status: in_force

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.
12 V.S.A. § 3014 — VT Code / Title 12 / Chapter 121 / Section 3014
§ 3014. Maker or indorser of negotiable paper; exemptions
Status: in_force

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.
12 V.S.A. § 6005 — VT Code / Title 12 / Chapter 213 / Section 6005
§ 6005. Warrant-issued on bailpiece furnished to surety in jail bond
Status: in_force

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.
12 V.S.A. § 4673 — VT Code / Title 12 / Chapter 165 / Section 4673
§ 4673. Trustee actions
Status: in_force

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.
12 V.S.A. § 5755 — VT Code / Title 12 / Chapter 196 / Section 5755
§ 5755. Findings
Status: in_force

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.
12 V.S.A. § 5536 — VT Code / Title 12 / Chapter 187 / Section 5536
§ 5536. Representation
Status: in_force

Any person, corporation, or other legal entity shall be entitled but not required to be represented by an attorney in small claims court.
12 V.S.A. § 5714 — VT Code / Title 12 / Chapter 194 / Section 5714
§ 5714. Scope
Status: in_force

(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.
12 V.S.A. § 3354 — VT Code / Title 12 / Chapter 123 / Section 3354
§ 3354. Payment of debt becoming due before sale
Status: in_force

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.
12 V.S.A. § 5322 — VT Code / Title 12 / Chapter 183 / Section 5322
§ 5322. Judgment for defendant
Status: in_force

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.
12 V.S.A. § 509 — VT Code / Title 12 / Chapter 23 / Section 509
§ 509. Evidence of debt issued by a monied corporation
Status: in_force

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.
12 V.S.A. § 4985 — VT Code / Title 12 / Chapter 173 / Section 4985
§ 4985. Mode of process; venue
Status: in_force

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.
12 V.S.A. § 3968 — VT Code / Title 12 / Chapter 143 / Section 3968
§ 3968. Examination; time; adjournment
Status: in_force

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.
12 V.S.A. § 3977 — VT Code / Title 12 / Chapter 143 / Section 3977
§ 3977. Precept to another officer or person
Status: in_force

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.
12 V.S.A. § 5793 — VT Code / Title 12 / Chapter 203 / Section 5793
§ 5793. Liability limited
Status: in_force

(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.
12 V.S.A. § 3082 — VT Code / Title 12 / Chapter 121 / Section 3082
§ 3082. Discharge of trustee; effect on defendant's demand
Status: in_force

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.
12 V.S.A. § 3011 — VT Code / Title 12 / Chapter 121 / Section 3011
§ 3011. Actions
Status: in_force

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.
12 V.S.A. § 3363 — VT Code / Title 12 / Chapter 123 / Section 3363
§ 3363. Property in hands of bailee-Taking of reversionary interest of lessor, bailor, pledgor, or other owner
Status: in_force

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.
12 V.S.A. § 2803 — VT Code / Title 12 / Chapter 111 / Section 2803
§ 2803. Return of tenant
Status: in_force

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.
12 V.S.A. § 5681 — VT Code / Title 12 / Chapter 192 / Section 5681
§ 5681. Appeals
Status: in_force

(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.
12 V.S.A. § 6007 — VT Code / Title 12 / Chapter 213 / Section 6007
§ 6007. Arrest of principal in relief of bail
Status: in_force

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.
12 V.S.A. § 5853 — VT Code / Title 12 / Chapter 211 / Section 5853
§ 5853. By clerks of courts, referees, etc
Status: in_force

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.
12 V.S.A. § 4723 — VT Code / Title 12 / Chapter 167 / Section 4723
§ 4723. Definition
Status: in_force

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.
12 V.S.A. § 2556 — VT Code / Title 12 / Chapter 107 / Section 2556
§ 2556. Appeal from commissioners
Status: in_force

(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.
12 V.S.A. § 3401 — VT Code / Title 12 / Chapter 123 / Section 3401
§ 3401. Sale by consent of parties
Status: in_force

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.
12 V.S.A. § 5186 — VT Code / Title 12 / Chapter 179 / Section 5186
§ 5186. Shares set off shall inure to use of owner
Status: in_force

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.
12 V.S.A. § 5332 — VT Code / Title 12 / Chapter 183 / Section 5332
§ 5332. Damages when replevin delays service of execution
Status: in_force

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.
12 V.S.A. § 2691 — VT Code / Title 12 / Chapter 111 / Section 2691
§ 2691. Executions against trustees of colleges or proprietors of undivided lands
Status: in_force

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.
12 V.S.A. § 1603 — VT Code / Title 12 / Chapter 61 / Section 1603
§ 1603. When executor or administrator is a party
Status: in_force

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.
12 V.S.A. § 63 — VT Code / Title 12 / Chapter 3 / Section 63
§ 63. Nisi prius judge sitting en banc or on appeal
Status: in_force

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.
12 V.S.A. § 404 — VT Code / Title 12 / Chapter 21 / Section 404
§ 404. Removal to another unit
Status: in_force

(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.
12 V.S.A. § 5661 — VT Code / Title 12 / Chapter 192 / Section 5661
§ 5661. Majority action by arbitrators
Status: in_force

The powers of the arbitrators may be exercised by a majority of them, unless otherwise provided by the agreement or by this chapter.
12 V.S.A. § 2697 — VT Code / Title 12 / Chapter 111 / Section 2697
§ 2697. Costs
Status: in_force

Costs may be taxed for either party on the action.
12 V.S.A. § 5673 — VT Code / Title 12 / Chapter 192 / Section 5673
§ 5673. Applications to court; service
Status: in_force

(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.
12 V.S.A. § 5247 — VT Code / Title 12 / Chapter 181 / Section 5247
§ 5247. Judgment
Status: in_force

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.
12 V.S.A. § 4821 — VT Code / Title 12 / Chapter 169 / Section 4821
§ 4821. Value paid; no further proceedings
Status: in_force

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.
12 V.S.A. § 5810 — VT Code / Title 12 / Chapter 211 / Section 5810
§ 5810. Oath to be administered to witnesses
Status: in_force

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.
12 V.S.A. § 4936 — VT Code / Title 12 / Chapter 172 / Section 4936
§ 4936. Foreclosure of real or personal property
Status: in_force

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.
12 V.S.A. § 3358 — VT Code / Title 12 / Chapter 123 / Section 3358
§ 3358. Subrogation of purchaser
Status: in_force

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.
12 V.S.A. § 1041 — VT Code / Title 12 / Chapter 27 / Section 1041
§ 1041. Exercise of rights to free speech and to petition government for redress of grievances; special motion to strike
Status: in_force

(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.
12 V.S.A. § 3955 — VT Code / Title 12 / Chapter 143 / Section 3955
§ 3955. Complaint to be sworn to
Status: in_force

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.
12 V.S.A. § 4996 — VT Code / Title 12 / Chapter 173 / Section 4996
§ 4996. Writ of possession
Status: in_force

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.
12 V.S.A. § 691 — VT Code / Title 12 / Chapter 25 / Section 691
§ 691. Service of civil or criminal process
Status: in_force

(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.
12 V.S.A. § 2146 — VT Code / Title 12 / Chapter 85 / Section 2146
§ 2146. Account which might have been adjusted in former action
Status: in_force

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.
12 V.S.A. § 5912 — VT Code / Title 12 / Chapter 213 / Section 5912
§ 5912. Restitution
Status: in_force

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.
12 V.S.A. § 3471 — VT Code / Title 12 / Chapter 125 / Section 3471
§ 3471. Bail or recognizance as including surety bond
Status: in_force

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.
12 V.S.A. § 2555 — VT Code / Title 12 / Chapter 107 / Section 2555
§ 2555. Appeal to Civil Division
Status: in_force

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.
12 V.S.A. § 591 — VT Code / Title 12 / Chapter 23 / Section 591
§ 591. New promise must be in writing and signed
Status: in_force

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.
12 V.S.A. § 1037 — VT Code / Title 12 / Chapter 27 / Section 1037
§ 1037. Acceptance of inherent risks
Status: in_force

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.
12 V.S.A. § 508 — VT Code / Title 12 / Chapter 23 / Section 508
§ 508. Witnessed promissory note
Status: in_force

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.
12 V.S.A. § 5678 — VT Code / Title 12 / Chapter 192 / Section 5678
§ 5678. Modification of award
Status: in_force

(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.
12 V.S.A. § 5541 — VT Code / Title 12 / Chapter 187 / Section 5541
§ 5541. Composition of court in small claims cases
Status: in_force

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).
12 V.S.A. § 2363 — VT Code / Title 12 / Chapter 101 / Section 2363
§ 2363. Stay of proceedings; bail and liens not affected
Status: in_force

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.
12 V.S.A. § 3976 — VT Code / Title 12 / Chapter 143 / Section 3976
§ 3976. Refusal to receive or obey and execute writ-Contempt proceedings
Status: in_force

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.
12 V.S.A. § 2737 — VT Code / Title 12 / Chapter 111 / Section 2737
§ 2737. Officer's return
Status: in_force

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.
12 V.S.A. § 3168 — VT Code / Title 12 / Chapter 121 / Section 3168
§ 3168. Motion for issuance of trustee process; scheduling and notice of hearing
Status: in_force

(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.
12 V.S.A. § 5752 — VT Code / Title 12 / Chapter 195 / Section 5752
§ 5752. Definitions
Status: in_force

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.
12 V.S.A. § 4853 — VT Code / Title 12 / Chapter 169 / Section 4853
§ 4853. Service of process
Status: in_force

The process shall be served and notice given as in other civil actions.
12 V.S.A. § 516 — VT Code / Title 12 / Chapter 23 / Section 516
§ 516. Misfeasance of sheriff or deputy
Status: in_force

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.
12 V.S.A. § 1602 — VT Code / Title 12 / Chapter 61 / Section 1602
§ 1602. When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability
Status: in_force

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.
12 V.S.A. § 2744 — VT Code / Title 12 / Chapter 111 / Section 2744
§ 2744. Demand; payment from municipal funds
Status: in_force

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.
12 V.S.A. § 5135 — VT Code / Title 12 / Chapter 178 / Section 5135
§ 5135. Service
Status: in_force

(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.
12 V.S.A. § 2781 — VT Code / Title 12 / Chapter 111 / Section 2781
§ 2781. Real estate which may be taken
Status: in_force

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.
12 V.S.A. § 4853b — VT Code / Title 12 / Chapter 169 / Section 4853b
§ 4853b. Unlawful occupant; expedited hearing
Status: in_force

(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.
12 V.S.A. § 7301 — VT Code / Title 12 / Chapter 221 / Section 7301
§ 7301. Definition
Status: in_force

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.
12 V.S.A. § 3020 — VT Code / Title 12 / Chapter 121 / Section 3020
§ 3020. Exemptions from trustee process generally
Status: repealed

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.
12 V.S.A. § 3360 — VT Code / Title 12 / Chapter 123 / Section 3360
§ 3360. Proceeds of sale
Status: in_force

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.
12 V.S.A. § 5784 — VT Code / Title 12 / Chapter 201 / Section 5784
§ 5784. Forcible entry of motor vehicle to remove unattended child or animal
Status: in_force

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.
12 V.S.A. § 5402 — VT Code / Title 12 / Chapter 183 / Section 5402
§ 5402. Sums received by creditor, how applied
Status: in_force

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.
12 V.S.A. § 1909 — VT Code / Title 12 / Chapter 81 / Section 1909
§ 1909. Limitation of medical malpractice action based on lack of informed consent
Status: in_force

(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.
12 V.S.A. § 5677 — VT Code / Title 12 / Chapter 192 / Section 5677
§ 5677. Vacating an award
Status: in_force

(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.
12 V.S.A. § 3294 — VT Code / Title 12 / Chapter 123 / Section 3294
§ 3294. Liability for refusal to discharge attachment lien
Status: in_force

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.
12 V.S.A. § 2746 — VT Code / Title 12 / Chapter 111 / Section 2746
§ 2746. Payment by inhabitant whose property is taken
Status: in_force

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.
12 V.S.A. § 7152 — VT Code / Title 12 / Chapter 217 / Section 7152
§ 7152. Jurisdiction
Status: in_force

The Probate Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning the emancipation of minors.
12 V.S.A. § 4966 — VT Code / Title 12 / Chapter 172 / Section 4966
§ 4966. Conduct and location of sale
Status: in_force

(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.
12 V.S.A. § 560 — VT Code / Title 12 / Chapter 23 / Section 560
§ 560. Childhood sexual abuse
Status: in_force

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.
12 V.S.A. § 5242 — VT Code / Title 12 / Chapter 181 / Section 5242
§ 5242. Damages assessed on breaches assigned
Status: in_force

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.
12 V.S.A. § 1661 — VT Code / Title 12 / Chapter 61 / Section 1661
§ 1661. Attesting witnesses to wills and other instruments
Status: in_force

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.
12 V.S.A. § 3406 — VT Code / Title 12 / Chapter 123 / Section 3406
§ 3406. Delivery of property to defendant on giving security
Status: in_force

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.
12 V.S.A. § 4920 — VT Code / Title 12 / Chapter 171 / Section 4920
§ 4920. Trespass for treble damages
Status: in_force

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.
12 V.S.A. § 3081 — VT Code / Title 12 / Chapter 121 / Section 3081
§ 3081. Judgment against trustee; effect on defendant's demand
Status: in_force

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.
12 V.S.A. § 5601 — VT Code / Title 12 / Chapter 189 / Section 5601
§ 5601. Liability of State
Status: repealed

(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.]
12 V.S.A. § 5756 — VT Code / Title 12 / Chapter 196 / Section 5756
§ 5756. Definitions
Status: in_force

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.
12 V.S.A. § 2144 — VT Code / Title 12 / Chapter 85 / Section 2144
§ 2144. Two judgments at one term; motion to chancer or redeem
Status: in_force

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.
12 V.S.A. § 5676 — VT Code / Title 12 / Chapter 192 / Section 5676
§ 5676. Confirmation of an award
Status: in_force

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.
12 V.S.A. § 4988 — VT Code / Title 12 / Chapter 173 / Section 4988
§ 4988. Prosecution by State's Attorney
Status: in_force

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.
12 V.S.A. § 5674 — VT Code / Title 12 / Chapter 192 / Section 5674
§ 5674. Proceedings to compel or stay arbitration
Status: in_force

(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.
12 V.S.A. § 2809 — VT Code / Title 12 / Chapter 111 / Section 2809
§ 2809. Proceedings to extend lien
Status: in_force

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.
12 V.S.A. § 1704 — VT Code / Title 12 / Chapter 63 / Section 1704
§ 1704. Finding or report as prima facie evidence
Status: in_force

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.
12 V.S.A. § 3408 — VT Code / Title 12 / Chapter 123 / Section 3408
§ 3408. Sale after return of process
Status: in_force

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.
12 V.S.A. § 3478 — VT Code / Title 12 / Chapter 125 / Section 3478
§ 3478. Use of warrant
Status: in_force

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.
12 V.S.A. § 3136 — VT Code / Title 12 / Chapter 121 / Section 3136
§ 3136. Representative may appear or be cited
Status: in_force

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.
12 V.S.A. § 1607 — VT Code / Title 12 / Chapter 61 / Section 1607
§ 1607. Priests and ministers
Status: in_force

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.
12 V.S.A. § 506 — VT Code / Title 12 / Chapter 23 / Section 506
§ 506. Judgments
Status: in_force

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.
12 V.S.A. § 2738 — VT Code / Title 12 / Chapter 111 / Section 2738
§ 2738. Action against officer for fraud or collusion
Status: in_force

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.
12 V.S.A. § 3135 — VT Code / Title 12 / Chapter 121 / Section 3135
§ 3135. Death of trustee-Attachment not discharged; liability of representative
Status: in_force

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.
12 V.S.A. § 5783 — VT Code / Title 12 / Chapter 201 / Section 5783
§ 5783. Hazardous materials accidents
Status: in_force

(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.
12 V.S.A. § 5173 — VT Code / Title 12 / Chapter 179 / Section 5173
§ 5173. Recording of report and judgment; effect
Status: in_force

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.
12 V.S.A. § 699 — VT Code / Title 12 / Chapter 25 / Section 699
§ 699. Removal or resignation of sheriff
Status: in_force

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.
12 V.S.A. § 3472 — VT Code / Title 12 / Chapter 125 / Section 3472
§ 3472. Surety bond in lieu of recognizance
Status: in_force

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.
12 V.S.A. § 4969 — VT Code / Title 12 / Chapter 172 / Section 4969
§ 4969. Failure of sale; resale
Status: in_force

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.
12 V.S.A. § 551 — VT Code / Title 12 / Chapter 23 / Section 551
§ 551. Minority, incapacity, or imprisonment
Status: in_force

(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.
12 V.S.A. § 4482 — VT Code / Title 12 / Chapter 163 / Section 4482
§ 4482. Notice of motion or complaint
Status: in_force

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.
12 V.S.A. § 6008 — VT Code / Title 12 / Chapter 213 / Section 6008
§ 6008. Condition of jail bond
Status: in_force

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.)
12 V.S.A. § 5337 — VT Code / Title 12 / Chapter 183 / Section 5337
§ 5337. Writ of reprisal
Status: in_force

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.
12 V.S.A. § 3483 — VT Code / Title 12 / Chapter 125 / Section 3483
§ 3483. Commitment of principal
Status: in_force

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.
12 V.S.A. § 1612 — VT Code / Title 12 / Chapter 61 / Section 1612
§ 1612. Patient's privilege
Status: in_force

(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.
12 V.S.A. § 1623 — VT Code / Title 12 / Chapter 61 / Section 1623
§ 1623. Penalty for disobeying subpoena
Status: in_force

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.
12 V.S.A. § 3122 — VT Code / Title 12 / Chapter 121 / Section 3122
§ 3122. Value as between trustee and defendant
Status: in_force

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.
12 V.S.A. § 697 — VT Code / Title 12 / Chapter 25 / Section 697
§ 697. Sheriffs' liabilities
Status: in_force

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.
12 V.S.A. § 3017 — VT Code / Title 12 / Chapter 121 / Section 3017
§ 3017. Foreign railroad corporations as trustees
Status: in_force

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.
12 V.S.A. § 5241 — VT Code / Title 12 / Chapter 181 / Section 5241
§ 5241. Bonds chancered; assessment of damages
Status: in_force

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.
12 V.S.A. § 3482 — VT Code / Title 12 / Chapter 125 / Section 3482
§ 3482. Principal delivered in bastardy proceedings
Status: in_force

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.
12 V.S.A. § 2794 — VT Code / Title 12 / Chapter 111 / Section 2794
§ 2794. Execution upon real estate; homestead a part
Status: in_force

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.
12 V.S.A. § 3154 — VT Code / Title 12 / Chapter 121 / Section 3154
§ 3154. Court to decide to whom judgment belongs
Status: in_force

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.
12 V.S.A. § 3139 — VT Code / Title 12 / Chapter 121 / Section 3139
§ 3139. Plaintiff's remedy when representative does not pay
Status: in_force

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.
12 V.S.A. § 4601 — VT Code / Title 12 / Chapter 163 / Section 4601
§ 4601. Appeals in foreclosure actions
Status: in_force

When a judgment is for the foreclosure of a mortgage, permission of the court shall be required for review.
12 V.S.A. § 4257 — VT Code / Title 12 / Chapter 161 / Section 4257
§ 4257. Actions between partners, coparceners, or tenants in common
Status: in_force

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.
12 V.S.A. § 5754 — VT Code / Title 12 / Chapter 195 / Section 5754
§ 5754. Liberal construction; severability
Status: in_force

(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.
12 V.S.A. § 1611 — VT Code / Title 12 / Chapter 61 / Section 1611
§ 1611. Written statements; consent of physician or parent
Status: in_force

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.)
12 V.S.A. § 3075 — VT Code / Title 12 / Chapter 121 / Section 3075
§ 3075. Value less than $10.00; discharge of trustee; costs
Status: in_force

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.
12 V.S.A. § 6043 — VT Code / Title 12 / Chapter 213 / Section 6043
§ 6043. Perjury in swearing to material matter in relation to which oath is authorized
Status: in_force

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.
12 V.S.A. § 4916 — VT Code / Title 12 / Chapter 171 / Section 4916
§ 4916. Verdict of guilty, restitution ordered when; fine
Status: in_force

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.
12 V.S.A. § 4817 — VT Code / Title 12 / Chapter 169 / Section 4817
§ 4817. When entry was under contract
Status: in_force

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.
12 V.S.A. § 3356 — VT Code / Title 12 / Chapter 123 / Section 3356
§ 3356. Subrogation of creditor by payment
Status: in_force

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.
12 V.S.A. § 3153 — VT Code / Title 12 / Chapter 121 / Section 3153
§ 3153. Action by assignee of negotiable paper after judgment against maker-Pleading judgment in bar; citation of plaintiff in trustee action
Status: in_force

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.
12 V.S.A. § 2796 — VT Code / Title 12 / Chapter 111 / Section 2796
§ 2796. Redemption-Bond; writ of possession; accounting by purchaser for rents and profits
Status: in_force

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.
12 V.S.A. § 4761 — VT Code / Title 12 / Chapter 169 / Section 4761
§ 4761. When maintainable; parties
Status: in_force

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.
12 V.S.A. § 3069 — VT Code / Title 12 / Chapter 121 / Section 3069
§ 3069. Corporations summoned as trustees
Status: in_force

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.
12 V.S.A. § 2903 — VT Code / Title 12 / Chapter 113 / Section 2903
§ 2903. Duration and effectiveness
Status: in_force

(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.
12 V.S.A. § 3128 — VT Code / Title 12 / Chapter 121 / Section 3128
§ 3128. Disposal of property by trustee before payment or tender
Status: in_force

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.
12 V.S.A. § 3292 — VT Code / Title 12 / Chapter 123 / Section 3292
§ 3292. Recording by town or Superior clerk
Status: in_force

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.
12 V.S.A. § 1076 — VT Code / Title 12 / Chapter 27 / Section 1076
§ 1076. Release of claim for personal injury or death-disavowal of agreement
Status: in_force

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.)
12 V.S.A. § 4937 — VT Code / Title 12 / Chapter 172 / Section 4937
§ 4937. Attorney's fees
Status: in_force

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.
12 V.S.A. § 5757 — VT Code / Title 12 / Chapter 196 / Section 5757
§ 5757. Forestry operations; protection from nuisance lawsuits
Status: in_force

(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.
12 V.S.A. § 2 — VT Code / Title 12 / Chapter 1 / Section 2
§ 2. Definitions
Status: in_force

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.
12 V.S.A. § 5405 — VT Code / Title 12 / Chapter 183 / Section 5405
§ 5405. Direction and service of writ
Status: in_force

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.
12 V.S.A. § 2689 — VT Code / Title 12 / Chapter 111 / Section 2689
§ 2689. Officer to demand payment
Status: in_force

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.
12 V.S.A. § 3018 — VT Code / Title 12 / Chapter 121 / Section 3018
§ 3018. Debts absolutely due, but not payable
Status: in_force

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.