12 V.S.A. § 1038 — VT Code / Title 12 / Chapter 27 / Section 1038
§ 1038. Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses
Status: in_force

(a) Use of ski area facilities. No ski area, its owners, employees, or agents shall be held responsible for ensuring the safety of or for damages, including injury or death, resulting to persons who utilize the facilities of a ski area to access terrain outside open and designated ski trails. Ski areas shall not be liable for damages, including injury or death, to persons who venture beyond such open and designated ski trails.

(b) Collision at a ski area.

(1) Any person who is involved in a collision with a skier at a ski area which results in bodily injury to any party to the collision has a duty to provide his or her name and local and permanent address to the other parties to the collision and shall proceed to the ski area first aid facility and provide that information to the ski area first aid personnel.

(2) No ski area, its employees, or agents shall be held responsible for ensuring compliance with these duties by any person, nor shall it be liable in any way for a failure to obtain such person's name or address.

(c) Civil action to recover. A person who uses the facilities of a ski area to access terrain outside the open and designated ski trails shall be liable in a civil action brought by any person, including a ski area, rescue organization, municipality, or the State, to recover expenses incurred to provide rescue, medical, or other services to such person for circumstances or injuries which resulted from such use. The entity seeking to recover may also recover reasonable attorney's fees and court costs. No ski area, its owners, agents, or employees, individual, or entity, municipal or otherwise, shall be held liable for any acts or omissions taken in the course of such rescue operations unless such act or omission constitutes gross negligence.
12 V.S.A. § 2785 — VT Code / Title 12 / Chapter 111 / Section 2785
§ 2785. Estate in joint tenancy
Status: in_force

When the real estate of a debtor is held in joint tenancy, coparcenary, or tenancy in common, with the real estate of other persons, the officer may levy the execution on such debtor's undivided interest in such real estate, and sell the same as other real estate may be sold.
12 V.S.A. § 1703 — VT Code / Title 12 / Chapter 63 / Section 1703
§ 1703. Report as to status
Status: in_force

An official written report or a record or duly certified copy thereof, made by such officer or employee, that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, or is dead or is alive, shall be received in any court, office, or other place in this State as evidence that such person's status is as stated therein at the time of such report.
12 V.S.A. § 4986 — VT Code / Title 12 / Chapter 173 / Section 4986
§ 4986. Prosecution of complaint
Status: in_force

The complaint shall be prosecuted in the name of the State by the State's Attorney of the county in which the action is pending.
12 V.S.A. § 5131 — VT Code / Title 12 / Chapter 178 / Section 5131
§ 5131. Definitions
Status: repealed

As used in this chapter:

(1)(A) “Course of conduct” means:

(i) two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person's property; or

(ii) use of any electronic, digital, or precise geolocation device or software or application to surveil a specific person or a specific person's internet or wireless activity continuously for 12 hours or more or on two or more occasions over a period of time, however short, without authorization.

(B) This definition shall apply to acts conducted by the person directly or indirectly, and by any action, method, device, or means. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(C) As used in subdivision (A) of this subdivision (1), threaten shall not be construed to require an express or overt threat.

(2) [Repealed.]

(3) “Nonphysical contact” includes telephone calls, mail, email, social media commentary or comment, or other electronic communication, fax, and written notes.

(4) “Reasonable person” means a reasonable person in the victim's circumstances.

(5) “Sexually assaulted the plaintiff” means that the defendant engaged in conduct that meets elements of lewd and lascivious conduct as defined in 13 V.S.A. § 2601, lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602, sexual assault as defined in 13 V.S.A. § 3252, aggravated sexual assault as defined in 13 V.S.A. § 3253, use of a child in a sexual performance as defined in 13 V.S.A. § 2822, or consenting to a sexual performance as defined in 13 V.S.A. § 2823, and that the plaintiff was the victim of the offense.

(6) “Stalk” means to engage purposefully in a course of conduct directed at a specific person that the person engaging in the conduct knows or should know would cause a reasonable person to:

(A) fear for the person's safety or the safety of a family member; or

(B) suffer substantial emotional distress as evidenced by:

(i) a fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death; or

(ii) significant modifications in the person's actions or routines, including moving from an established residence, changes to established daily routes to and from work that cause a serious disruption in the person's life, changes to the person's employment or work schedule, or the loss of a job or time from work.

(7) “Stay away” means to refrain from knowingly:

(A) initiating or maintaining a physical presence near the plaintiff;

(B) engaging in nonphysical contact with the plaintiff directly or indirectly; or

(C) engaging in nonphysical contact with the plaintiff through third parties who may or may not know of the order.

(8) [Repealed.]
12 V.S.A. § 6010 — VT Code / Title 12 / Chapter 213 / Section 6010
§ 6010. Commissioner's certificate on admission to oath
Status: in_force

The certificate to be delivered by the commissioners to the prisoner admitted to the poor debtor's oath shall be substantially as follows:

STATE OF VERMONT, To all whom it may concern,

......................... County, ss. }

Greeting:

............................ , a prisoner confined in the ......................... jail in ......................... in the county of ........................................ , on an execution in favor of ................................... of .................... in the county of ......................... and State of ......................... , dated the ............... day of ................................... , 20 ...... , for .............................. dollars and .................... cents damages (or debt) and ................................... dollars and .............................. cents cost, signed by ......................... , has this day been admitted to the poor debtor's oath, and ought to be discharged. The creditor was (or was not) notified, and did (or did not) attend.

Given under our hands at ......................... , this .................... day

of ......................... , 20 ........

} Commissioners.
12 V.S.A. § 3071 — VT Code / Title 12 / Chapter 121 / Section 3071
§ 3071. Powers and duties of commissioner
Status: in_force

A commissioner may summon the trustee to appear before him or her and make disclosure; and if, after reasonable notice from the commissioner, he or she does not appear, or, appearing, does not make disclosure, the commissioner shall report the fact to the court. Thereupon, unless cause is shown to the contrary, the court shall render judgment as in case of default against the trustee. When the trustee appears before the commissioner and does not answer the interrogatories proposed by the plaintiff or commissioner, such failure to answer, relative to the particular matter to which such answer is required, shall be taken against him or her.
12 V.S.A. § 3130 — VT Code / Title 12 / Chapter 121 / Section 3130
§ 3130. Trustee not liable for destruction of property without his or her fault
Status: in_force

When a person is adjudged a trustee on account of personal property in his or her hands, and the same is destroyed without his or her negligence or default after the judgment and before demand therefor by the officer holding the execution, the trustee shall be discharged from liability to the plaintiff for not delivering the same. When a suit is commenced against him or her for not delivering the property, the destruction shall constitute a defense.
12 V.S.A. § 3980 — VT Code / Title 12 / Chapter 143 / Section 3980
§ 3980. Discharge of person confined for contempt
Status: in_force

When it appears on the hearing upon such writ that such disobedience or contempt was committed through ignorance, mistake, or misapprehension, or by acting in good faith under the advice of counsel, and that relief may be granted without impairing the rights of the parties concerned or the due administration of law, the Supreme Court may discharge such person from such imprisonment or confinement upon such terms as seem just.
12 V.S.A. § 4816 — VT Code / Title 12 / Chapter 169 / Section 4816
§ 4816. When execution or writ of possession may issue
Status: in_force

When the defendant recovers judgment on his or her counterclaim for betterments, execution shall not issue thereon until four months from its rendition. The writ of possession in the action of ejectment shall be further stayed for the same time, unless the plaintiff in the action pays to the defendant therein or to the clerk of the court to the use of the defendant the full amount of the judgment on the counterclaim for betterments. In that case, a writ of possession may immediately issue.
12 V.S.A. § 556 — VT Code / Title 12 / Chapter 23 / Section 556
§ 556. Injunction staying action
Status: in_force

When the commencement of an action is stayed by injunction, the time during which such injunction is in force shall not be deemed a part of the time in this chapter limited for the commencement of such action.
12 V.S.A. § 1947 — VT Code / Title 12 / Chapter 81 / Section 1947
§ 1947. Treating jurors; new trial
Status: in_force

A verdict shall be set aside and a new trial granted on proof that a party in whose favor such verdict is rendered and during the same term of court, gives to a juror, knowing him or her to be a juror in the cause, victuals or drink or procures it to be done by way of treat either before or after such verdict.
12 V.S.A. § 3473 — VT Code / Title 12 / Chapter 125 / Section 3473
§ 3473. Insufficiency of recognizance or bail; order for new bail
Status: in_force

When it appears that the security or recognizance for the prosecution of a pending cause or an appeal or the bail taken by the officer on the writ, is insufficient to secure the party for whose benefit the same was taken, the court, or the clerk in vacation, in his or her discretion, may order sufficient bail to be entered by a certain time, or that judgment be rendered against the party neglecting to comply with such order. Within the time provided, the party so required to furnish bail shall file with the clerk of the court a bond with sufficient surety in the amount required, to be approved by the clerk, or shall with sufficient surety, so approved, enter into a personal recognizance before the clerk in such amount. Such recognizance shall be entered by the clerk upon the docket of the cause.
12 V.S.A. § 5060 — VT Code / Title 12 / Chapter 175 / Section 5060
§ 5060. Action for unpaid balance
Status: in_force

When execution on a judgment obtained against a partnership, association, or company in its firm, associate, or company name is returned unsatisfied in whole or in part, an action of contract for the amount unpaid may be brought against any or all of the partners, associates, or shareholders upon their original liability, provided that only one such action shall be brought and maintained at the same time. If the execution issued in the last named action is returned unsatisfied in whole or in part, subsequent actions may in like manner be maintained for the amount unpaid.
12 V.S.A. § 4254 — VT Code / Title 12 / Chapter 161 / Section 4254
§ 4254. Defense before auditor
Status: in_force

The judgment to account in the action for an accounting shall not prevent the defendant from making any defense before the auditor which he or she might have made by answer in bar to the action, if the judgment to account had not been rendered.
12 V.S.A. § 654 — VT Code / Title 12 / Chapter 25 / Section 654
§ 654. Signing of original writs
Status: repealed

(a) [Repealed.]

(b) The signing of original writs is a ministerial act and may be done in advance of issuance. The signature of an attorney, except when he or she is the plaintiff, to a writ, pleading, notice of appeal, or other form, constitutes and shall be deemed security, by way of recognizance, for the issuance of such writ or the filing of such pleading, notice of appeal, or other form, and such attorney shall be liable to each defendant in the sum of $50.00 for writs returnable to a Superior Court.
12 V.S.A. § 3172 — VT Code / Title 12 / Chapter 121 / Section 3172
§ 3172. Employee protected
Status: in_force

No employee may be discharged from employment on account of trustee process issued to an employer against earnings. Discharge of an employee from employment within 60 days of service of a trustee process summons upon an employer shall be rebuttably presumed to be on account of the issuance of trustee process. Any employee discharged in violation of this section may sue in Superior Court for reinstatement of employment, back wages, and damages and, if that employee prevails, the court shall award costs and may award reasonable attorneys' fees to the employee.
12 V.S.A. § 4968 — VT Code / Title 12 / Chapter 172 / Section 4968
§ 4968. Transfer of title
Status: in_force

Title to the foreclosed mortgaged property under this section shall not pass to the purchaser until the time of the recording of the deed and affidavit. Upon such recording, title to the mortgaged property shall pass to the purchaser free and clear of all interests and encumbrances which do not have priority over such mortgage.
12 V.S.A. § 4946 — VT Code / Title 12 / Chapter 172 / Section 4946
§ 4946. Procedure
Status: in_force

(a) Order for judicial sale. Upon entry of a decree of judicial sale foreclosure, the court shall order that the mortgaged property be sold at a public sale if it is not redeemed within the time period allowed by the court. The public sale shall be conducted on or before six months from the expiration of the last redemption date set forth in the decree unless extended by the court or stayed by a bankruptcy filing. The time and manner of the sale shall be specified in the notice of sale required by section 4952 of this title.

(b) Time for redemption; owner-occupied dwelling house or farmland. If a decree is made foreclosing the right of redemption by judicial sale with respect to farmland or a dwelling house that is occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment, the time of redemption shall be established by the court and shall be six months from the date of the decree, unless a shorter time is ordered by the court. The court shall fix the period of redemption taking into consideration whether there is value in the mortgaged property in excess of the mortgage debt and debt owed to junior lienholders, any assessed but unpaid property taxes, the condition of the mortgaged property, and any other equities. No sale of a dwelling house when occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment may take place within seven months of service of the foreclosure complaint, unless the court orders a shortened redemption period pursuant to this section or the plaintiff and the mortgagor mutually agree to a shorter period after commencement of the action to foreclose the mortgage.

(c) Time for redemption; other property. If a decree is made foreclosing the right of redemption by judicial sale with respect to any property other than farmland or a dwelling house that is occupied by the owner as his or her principal residence at the time the plaintiff applies for entry of judgment, the redemption period shall be eliminated or reduced by the court to no more than 30 days.

(d) Writ of possession. Upon expiration of the period of redemption in the decree, other than farmland or a dwelling house when currently occupied by the owner as his or her principal residence, if the mortgagor or the mortgagor's successors, heirs, or assigns have not redeemed the mortgage, any remaining rights of the mortgagor to possession shall terminate, and the clerk of the court shall issue a writ of possession at the plaintiff's request and upon court approval. In the case of farmland or a dwelling house currently occupied by the owner as his or her principal residence when the period of redemption in the decree expires, the clerk shall issue a writ of possession at the plaintiff's request and upon approval of the court. Such writ shall have the same force and effect and be executed in the same manner as similar writs issued after judgment by a court of law in ejectment proceedings. Where the mortgaged property is occupied by a residential tenant, the writ shall be served on the tenant, and the plaintiff shall be placed in possession of the mortgaged property without further proceedings no sooner than 30 days after the writ is served, or upon such other time as is required by federal law, whichever is longer.
12 V.S.A. § 5540a — VT Code / Title 12 / Chapter 187 / Section 5540a
§ 5540a. Jurisdiction over small claims; assistant judges
Status: repealed

(a)(1) Subject to the limitations in this section and notwithstanding any provision of law to the contrary, assistant judges of Essex, Caledonia, Rutland, and Bennington Counties sitting alone shall hear and decide small claims actions filed under this chapter with the Essex, Caledonia, Rutland, and Bennington Superior Courts.

(2) [Repealed.]

(b) With the exception of assistant judges authorized to preside in small claims matters prior to June 16, 2001 who have successfully completed the testing requirements established herein, an assistant judge hearing cases under this section shall have completed at least 100 hours of relevant training and testing and observed 20 hours of small claims hearings in accordance with the protocol for said training and observation, which shall be established by the Court Administrator in consultation with the Association of Assistant Judges. An assistant judge who hears cases under this section shall annually complete 16 hours of continuing education, established by the Court Administrator in consultation with the Association of Assistant Judges, relating to jurisdiction exercised under this section and shall file a certificate to such effect with the Court Administrator. Law clerk assistance available to Superior judges shall be available to the assistant judges.

(c) A decision of an assistant judge shall be entered as a small claims judgment and may be appealed pursuant to section 5538 of this title. The appeal shall be decided by the presiding judge.

(d) An assistant judge upon successful completion of the training under subsection (b) of this section shall cause the Superior Court clerk to notify the Court Administrator of the assistant judge's successful completion of training. Upon receipt of such notification, small claims cases that require a hearing shall first be set for hearing before an assistant judge in the Superior Court in the county and shall be heard by the assistant judge. If the assistant judge is unavailable due to illness, vacation, administrative leave, disability, or disqualification, the Chief Superior Judge pursuant to 4 V.S.A. § 22 may assign a judge, or appoint and assign a member of the Vermont bar to serve temporarily as an acting judge, to hear small claims cases in the county. No action filed or pending shall be heard at or transferred to any other location unless agreed to by the parties. If both assistant judges of the county elect to successfully complete training to hear these matters, the senior assistant judge shall make the assignment of cases to be heard by each assistant judge. The assistant judges, once qualified to preside in these matters, shall work with the Court Administrator's office and the Chief Superior Judge such that the scheduling of small claims cases before the assistant judges are at such times as to permit adequate current court personnel to be available when these cases are heard.

(e) Subdivision (a)(2) of this section shall be repealed effective on January 31, 2011.
12 V.S.A. § 3 — VT Code / Title 12 / Chapter 1 / Section 3
§ 3. Legislative Committee on Judicial Rules
Status: repealed

(a) There is created a joint legislative committee to be known as the Legislative Committee on Judicial Rules. The Legislative Committee on Judicial Rules shall be composed of eight members of the General Assembly to be appointed for two-year terms ending on February 1 of odd-numbered years as follows: four members of the House of Representatives to be appointed by the Speaker of the House, and four members of the Senate to be appointed by the Committee on Committees. The Committee shall elect a chair and a vice chair from among its members.

(b) The Committee shall meet as necessary for the prompt discharge of its duties and may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations. The Committee shall adopt rules to govern its operation and organization. A quorum of the Committee shall consist of five members. For attendance at a meeting when the General Assembly is not in session, members of the Legislative Committee on Judicial Rules shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided members of standing committees under 2 V.S.A. § 23.

(c) The Legislative Committee on Judicial Rules may hold public hearings on a proposed or previously adopted rule on its own initiative. The Committee shall give public notice of any hearing at least 10 days in advance and shall notify the Court. Any public hearing shall be scheduled at a time and place chosen to afford opportunity for affected persons to present their views.

(d) In addition to its powers under section 4 of this title concerning rules, the Committee may, in a similar manner, conduct public hearings, object, and notify the Court or Commission of objections concerning existing rules. A rule reviewed under this subsection shall remain in effect until amended or repealed.

(e) Rules or amendments thereto promulgated by the Supreme Court or the Commission, including any repeal, modification, or addition to existing rules, shall be submitted to the Legislative Committee on Judicial Rules at least 60 days prior to their effective date.
12 V.S.A. § 3147 — VT Code / Title 12 / Chapter 121 / Section 3147
§ 3147. Attachment of mortgagee's interest
Status: in_force

When a mortgagor of personal property is summoned as trustee of the mortgagee, the plaintiff may direct the officer serving the writ to attach the mortgagee's interest in such property. The officer when so directed shall attach such interest by leaving a copy of the writ in the town clerk's office where the mortgage is recorded, with his or her return thereon describing the property and the interest of the mortgagee therein. The town clerk shall enter upon the margin of the record of such mortgage, a statement that the interest of the mortgagee is attached, and make such other record and entry as is required by law to be made where property is attached by copy.
12 V.S.A. § 3072 — VT Code / Title 12 / Chapter 121 / Section 3072
§ 3072. Taking and return of disclosure
Status: in_force

The commissioner shall take the disclosure of the trustee in writing, and certify and return the same to the court with his or her report.
12 V.S.A. § 5717 — VT Code / Title 12 / Chapter 194 / Section 5717
§ 5717. Exceptions to privilege
Status: in_force

(a) There is no privilege under section 5715 of this title for a mediation communication that is:

(1) in an agreement evidenced by a record signed by all parties to the agreement;

(2) available to the public under 1 V.S.A. chapter 5, subchapter 3, or made during a session of a mediation which is open, or is required by law to be open, to the public;

(3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(4) intentionally used to plan, attempt to commit, or commit a crime, or conceal an ongoing crime or ongoing criminal activity;

(5) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, but this exception does not apply where a child or adult protection case is referred by a court to mediation and a public agency participates in the mediation;

(6) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator; or

(7) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a party, nonparty participant, or representative of a party based on conduct occurring during a mediation, except as otherwise provided in subsection (c) of this section.

(b) There is no privilege under section 5715 of this title if a court, administrative agency, or arbitration panel finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and the mediation communication is sought or offered in:

(1) a criminal proceeding in Criminal Division of the Superior Court;

(2) a child protection proceeding under 33 V.S.A. chapter 49 or 55;

(3) a protection proceeding involving a vulnerable adult under 33 V.S.A. chapter 69; or

(4) a proceeding to prove a claim to rescind or reform, or a defense to avoid liability on, a contract arising out of the mediation, except as otherwise provided in subsection (c) of this section.

(c) A mediator may not be compelled to provide evidence of a mediation communication referenced in subdivision (a)(7) or (b)(4) of this section.

(d) If a mediation communication is not privileged under subsection (a) or (b) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this section does not render the evidence or any other mediation communication discoverable or admissible for any other purpose.
12 V.S.A. § 594 — VT Code / Title 12 / Chapter 23 / Section 594
§ 594. Recovery where action not barred as to all
Status: in_force

In actions against two or more joint contractors, or joint executors or administrators of a contractor, if it appears on the trial that the plaintiff is barred by the provisions of this chapter as to any of the defendants, but is entitled to recover against any other of them by virtue of a new acknowledgment or promise, or otherwise, judgment shall be given for the plaintiff as to any of the defendants against whom he or she is entitled to recover, and for the other defendant or defendants against the plaintiff.
12 V.S.A. § 559 — VT Code / Title 12 / Chapter 23 / Section 559
§ 559. Rights not affected by a descent cast
Status: in_force

The right of a person to the possession of real estate shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such estate.
12 V.S.A. § 1694 — VT Code / Title 12 / Chapter 63 / Section 1694
§ 1694. Municipal ordinances; references in prosecutions
Status: in_force

In a prosecution for violation of an ordinance or bylaw of a municipal corporation, a copy thereof certified by its clerk to be a lawfully enacted and existing ordinance or bylaw of such municipal corporation shall be prima facie evidence thereof. The allegation that the acts constituting the offense charged are contrary to the form of such ordinance or bylaw, in such case made and provided, shall be a sufficient reference thereto.
12 V.S.A. § 2802 — VT Code / Title 12 / Chapter 111 / Section 2802
§ 2802. Officer to lodge copy in clerk's office; notice to tenant
Status: in_force

The officer levying an execution on the rents, issues, and profits mentioned in section 2801 of this title shall lodge in the office where by law a deed of the real estate yielding or paying such rents, issues, and profits is required to be recorded, a certified copy of the execution, stating that he or she is directed to levy the same on the rents, issues, and profits of the real estate, and designating such real estate as in attachment. Within ten days thereafter, he or she shall serve a written notice of such levy upon the tenant in possession of the described real estate, by delivering the same to him or her personally or leaving it at his or her last and usual place of abode.
12 V.S.A. § 2366 — VT Code / Title 12 / Chapter 101 / Section 2366
§ 2366. Failure to prosecute petition
Status: in_force

If the petition is not served or filed within such time as the Supreme Court may by rule provide for the service or filing of the complaint in a civil action in a Superior Court, the action may be dismissed on motion and notice. The Court shall thereupon render judgment for the petitionee to recover his or her costs, and, if the Court is of opinion that the petition was brought to delay the collection of an execution, it shall award to the original creditor 12 percent interest on the original debt, with double costs.
12 V.S.A. § 3353 — VT Code / Title 12 / Chapter 123 / Section 3353
§ 3353. Payment of debt if due
Status: in_force

When such debt is due at the time of rendering the account, the creditor so attaching or causing such property to be taken on execution may pay or tender, within 10 days after such account is rendered, the amount so rendered to the mortgagee, pledgee, or holder of such lien, and retain and sell such property free and clear of such mortgage, pledge, or lien.
12 V.S.A. § 3126 — VT Code / Title 12 / Chapter 121 / Section 3126
§ 3126. Performance of contract or condition by creditor
Status: in_force

When such property is held for a purpose other than to secure the payment of money, and the contract, condition, or other thing to be performed is such as can be performed by the attaching creditor without damage to the other parties, the court may order the performance thereof by him or her. Upon such performance or tender thereof, the trustee shall deliver the property, as hereinbefore provided, to the officer holding the execution.
12 V.S.A. § 732 — VT Code / Title 12 / Chapter 25 / Section 732
§ 732. Power of specially appointed person
Status: in_force

The person so appointed shall have the power of a sheriff in the service and return of the process, and he or she shall make proof of the service by affidavit.
12 V.S.A. § 553 — VT Code / Title 12 / Chapter 23 / Section 553
§ 553. Member of Armed Services; tolling statute of limitations
Status: in_force

When an inhabitant of this State is in the Military or Naval Service of the United States or is a member of the Vermont National Guard and has been ordered to State active duty and, at the time of entering such service or duty, had a cause of action against another person, or another person had a cause of action against him or her, the time spent in such Military or Naval Service outside this State or the time spent in State active duty shall not be taken as part of the time limited for the bringing of an action by or against him or her founded on such causes. The limitation period for a cause of action shall be tolled during the duration of the person's out-of-state Military or Naval Service, or State Active Duty Service, plus an additional 60 days.
12 V.S.A. § 2792 — VT Code / Title 12 / Chapter 111 / Section 2792
§ 2792. Form of deed; costs
Status: in_force

The deed executed by the officer of lands sold on execution, shall be taxed as a part of the costs on the execution at one dollar, and shall be substantially in the following form:

KNOW ALL MEN BY THESE PRESENTS, That, whereas, an execution against ................. of ......................... in the county of ............... at the suit of ................. of ......................... in the county of .................... was by me, ......................... sheriff of the county of ......................... , on the .......... day of ............... 19 .... , levied on (here describe the premises); and whereas, on the ........ day of .............. 19 .... , all the estate, right, title, interest and property of said .................... in the premises aforesaid were by me, the said .................... sold at public auction for the satisfaction of such execution, to ......................... of .............................. in the county of ............... , who was the highest bidder, for the sum of ............... dollars, which the said ......................... has since fully paid to me;

Now, by force and virtue of the law in such cases made and provided, I, the said .............................. , in consideration of the sum of money paid unto me as aforesaid, do, by these presents, bargain, sell and assign, and set over unto the said .................... heirs and assigns forever, all the estate, right, title, interest, property and inheritance of the said .............................. in and to such premises and appurtenances at the time of the levy thereon (or of the attachment, as the case may be). To have and to hold such premises and appurtenances to the said .................... , heirs and assigns forever.

In witness, etc.
12 V.S.A. § 6042 — VT Code / Title 12 / Chapter 213 / Section 6042
§ 6042. Perjury before person or board authorized to examine witnesses
Status: in_force

Indictment Against a Person for Committing Perjury Before a Person, or Board Consisting of More Than One Person, Authorized by Law to Examine Witnesses Under Oath

STATE OF VERMONT, Be it remembered that at a

............................ County, ss. } term of the Superior Court begun

and held at .............................. , within and for the county of ..................... , aforesaid, on the .................... day of ................................... A.D. 20.......... , the grand jurors within and for the county of ................................... , upon their oath present that ........................ of ................................... in the county of ................................... on the .................... day of ........... .............. A.D. 20........ , before (here insert the name of the person or board before whom the perjury was committed) the said (here insert the name of the person or board before whom the perjury was committed) then and there having authority to examine said (here insert name of respondent) under oath (here specify the matter then under consideration) committed the crime of perjury, by testifying in substance as follows: (here insert the matter claimed to be false) which said testimony was material in said proceeding, against the peace and dignity of the State.
12 V.S.A. § 662 — VT Code / Title 12 / Chapter 25 / Section 662
§ 662. Signing citations attached to highway petitions
Status: in_force

Superior judges may sign citations returnable to the Superior Court in the county in which they reside, which are attached to petitions relative to highways.
12 V.S.A. § 4485 — VT Code / Title 12 / Chapter 163 / Section 4485
§ 4485. Borrowing money
Status: in_force

The presiding judge of the Superior Court in which the action is pending or other Superior judge may authorize the receivers or managers of property in the course of administration in that court, when the interest of the parties or property requires it, to borrow money for the proper and convenient discharge of their duties and on such terms, conditions, limitations, and security as shall to the court seem fit. This section shall not prevent the receivers or managers from borrowing money for temporary purposes.
12 V.S.A. § 3963 — VT Code / Title 12 / Chapter 143 / Section 3963
§ 3963. Receipt and return of writ; notice to State's Attorney or Attorney General
Status: in_force

A person to whom the writ is directed shall receive the same and, upon payment or tender of the charges demandable for its execution, shall make return thereof forthwith. In case a person is restrained of his or her liberty by reason of a court sentence to a penal institution the judge may, in his or her discretion, order such other or further notice be given to the State's Attorney of the county in which the prisoner was convicted or to the Attorney General as he or she deems reasonable.
12 V.S.A. § 519 — VT Code / Title 12 / Chapter 23 / Section 519
§ 519. Emergency medical care
Status: in_force

(a) A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or herself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.

(b) A person who provides reasonable assistance in compliance with subsection (a) of this section shall not be liable in civil damages unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a practitioner of the healing arts for acts committed in the ordinary course of his or her practice.

(c) A person who willfully violates subsection (a) of this section shall be fined not more than $100.00. (1967, No. 309 (Adj. Sess.), §§ 2-4, eff. March 22, 1968.)
12 V.S.A. § 3952 — VT Code / Title 12 / Chapter 143 / Section 3952
§ 3952. Prisoners entitled to writ of habeas corpus
Status: in_force

A person imprisoned in a common jail, or the liberties thereof, or otherwise restrained of his or her liberty by an officer or other person, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and obtain relief therefrom if it is unlawful.
12 V.S.A. § 515 — VT Code / Title 12 / Chapter 23 / Section 515
§ 515. Neglect of official duty of town clerk
Status: in_force

An action against a town, or town clerk, to recover damages for neglect of duty of such clerk in relation to a deed, execution, or other instrument delivered to him or her or left at his or her office for record, shall be brought only within six years after a final decision based upon such neglect and adverse to the right, title, or claim of the party under such deed, execution, or instrument, and not after.
12 V.S.A. § 5716 — VT Code / Title 12 / Chapter 194 / Section 5716
§ 5716. Waiver and preclusion of privilege
Status: in_force

(a) A privilege under section 5715 of this title may be waived in a record or orally during a proceeding, if it is expressly waived by all parties to the mediation, and:

(1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and

(2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.

(b) A person who discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under section 5715 of this title to the extent necessary for the person prejudiced to respond to the representation or disclosure.

(c) A person who intentionally uses a mediation to plan, attempt to commit, or commit a crime, or conceal an ongoing crime or ongoing criminal activity, may not assert a privilege under section 5715 of this title.
12 V.S.A. § 5603 — VT Code / Title 12 / Chapter 189 / Section 5603
§ 5603. Settlement of claims
Status: in_force

(a) The Attorney General may consider, adjust, determine, and settle any claim for damages against the State of Vermont resulting from the acts or omissions of an employee as provided under 3 V.S.A. § 159. If the State elects to self-insure the liability as defined in 12 V.S.A. § 5601, the Attorney General shall consult with the Secretary of Administration prior to exercising his or her authority under this subsection.

(b) If the State of Vermont has undertaken the defense of a claim against a State employee as required by 3 V.S.A. § 1101, the acceptance by the claimant of any award, compromise, or settlement shall be final and conclusive on the claimant and shall constitute a complete release of any claim against the State of Vermont and all of its employees.

(c) Notwithstanding the provisions of subsection (b) of this section, if the employee has purchased a policy of liability insurance which covers claims based on gross negligence or willful misconduct in the operation of a motor vehicle, the acceptance of an award, compromise, or settlement shall not bar a claim for gross negligence or willful misconduct covered by that policy.
12 V.S.A. § 2139 — VT Code / Title 12 / Chapter 85 / Section 2139
§ 2139. Tender of confession of judgment
Status: in_force

When a debtor, before or after an action is commenced, tenders to the creditor or to his or her agent or attorney holding the obligation or account against such debtor, a confession of judgment before a district judge for the amount of the debt and costs then accrued, and such tender is refused, the creditor shall not recover the costs made after such tender in procuring judgment for his or her debt.
12 V.S.A. § 511 — VT Code / Title 12 / Chapter 23 / Section 511
§ 511. Civil action
Status: in_force

A civil action, except one brought upon the judgment or decree of a court of record of the United States or of this or some other state, and except as otherwise provided, shall be commenced within six years after the cause of action accrues and not thereafter.
12 V.S.A. § 5671 — VT Code / Title 12 / Chapter 192 / Section 5671
§ 5671. Jurisdiction
Status: in_force

The making of an agreement to arbitrate which is subject to this chapter confers jurisdiction on the Superior Court for proceedings under this chapter. Except where the context requires a broader reading, the term “court” as used in this chapter means the Superior Court. In relation to any such agreement to arbitrate, the court may enter any one or more orders:

(1) to compel a person to proceed with arbitration;

(2) to stay arbitration;

(3) to appoint arbitrators;

(4) to enforce a subpoena issued by arbitrators;

(5) to direct arbitrators to proceed with hearings or to make an award;

(6) to confirm an award of arbitrators;

(7) to vacate an award;

(8) to modify an award or to submit to arbitrators to consider modifying an award; and

(9) to enter judgment on the award.
12 V.S.A. § 5178 — VT Code / Title 12 / Chapter 179 / Section 5178
§ 5178. New partition-when ordered
Status: in_force

When an owner of a share in the estate who is not an inhabitant of the State at the commencement of the action and has not been given personal notice of the action and thinks himself or herself aggrieved by the partition, he or she may within three years after the making of the order, bring a new action in the court which made the order of partition. Notice shall be given persons interested, in the same manner as directed in the original action. Upon sufficient cause being shown, the court may order a new partition thereof or make such other order as appears just.
12 V.S.A. § 701 — VT Code / Title 12 / Chapter 25 / Section 701
§ 701. Summons
Status: repealed

(a) Any law enforcement officer authorized to serve criminal process or a State's Attorney may summon a person who commits an offense to appear before Superior Court by a summons in such form as prescribed by the Court Administrator, stating the time when, and the place where, the person shall appear, signed by the enforcement officer or State's Attorney and delivered to the person.

(b) When an individual accepts a precharge services contract, the State's Attorney may issue a new citation ordering the individual to court in the event the individual fails to comply with the terms of the contract. The pretrial monitor may provide the citation to the individual at the time the individual accepts the precharge contract. This shall be considered effective service.

(c) A person so summoned shall appear at the time and place stated in the summons delivered to him or her. A person who does not so appear shall be fined not more than $100.00 or be imprisoned not more than 90 days, or both.

(d) [Repealed.]
12 V.S.A. § 2783 — VT Code / Title 12 / Chapter 111 / Section 2783
§ 2783. Officer may lodge copy in clerk's office
Status: in_force

When the officer holding an execution for collection is directed by the creditor, his or her agent or attorney, to levy the same on the real estate of the debtor, he or she may lodge in the office where by law a deed of such real estate is required to be recorded, a certified copy of the execution, with a certificate thereon, under his or her hand, stating that he or she is directed to levy the same on such real estate, designating the same as it would be described in case of the attachment of real estate.
12 V.S.A. § 4252 — VT Code / Title 12 / Chapter 161 / Section 4252
§ 4252. Items belonging to, tried in book account
Status: in_force

On the trial of an action founded on book account, if it appears to the court that any item or items of account or transaction between the same parties would more properly belong to an action for an accounting, the same may be tried and adjusted in the action founded on book account.
12 V.S.A. § 3402 — VT Code / Title 12 / Chapter 123 / Section 3402
§ 3402. Attachment after advertisement
Status: in_force

After the property is advertised for sale, a creditor shall not have a right to prevent such sale by attachment of the same. The property may be charged by attachment or execution put into the hands of the officer holding it, as if the same were not advertised for sale, and the proceeds thereof shall be held subject to the attachments and executions in the officer's hands, at the time of the sale, against the owner of the property.
12 V.S.A. § 4945 — VT Code / Title 12 / Chapter 172 / Section 4945
§ 4945. Judicial sale foreclosure
Status: in_force

(a) All liens and mortgages affecting real property may, on the written motion of any party to any suit for foreclosure of such liens or mortgages, or at the discretion of the court before which the foreclosure proceedings are pending, be foreclosed by a judicial foreclosure sale, even if the mortgage does not contain a sale provision instead of a strict foreclosure.

(b) In an action for foreclosure, if a lien or interest in such realty is held by any person or federal agency which may not be foreclosed by strict foreclosure pursuant to federal law, a decree may be entered providing for such period of redemption as the court may determine, and providing for a sale of the mortgaged premises at the conclusion of such period if the premises are not redeemed, and for the time, manner, and notice of sale, if required, and the application of the proceeds therefrom.
12 V.S.A. § 4939 — VT Code / Title 12 / Chapter 172 / Section 4939
§ 4939. Appeals
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. § 5792 — VT Code / Title 12 / Chapter 203 / Section 5792
§ 5792. Definitions
Status: in_force

As used in this chapter:

(1) “Consideration” means a price, fee, or other charge paid to or received by the owner in return for the permission to enter upon or to travel across the owner's land for recreational use. Consideration shall not include:

(A) compensation paid to or a tax benefit received by the owner for granting a permanent recreational use easement;

(B) payment or provision for compensation to be paid to the owner for damage caused by recreational use; or

(C) contributions in services or other consideration paid to the owner to offset or insure against damages sustained by an owner from the recreational use or to compensate the owner for damages from recreational use.

(2)(A) “Land” means:

(i) open and undeveloped land, including paths and trails;

(ii) water, including springs, streams, rivers, ponds, lakes, and other water courses;

(iii) fences; or

(iv) structures and fixtures used to enter or go upon land, including bridges and walkways.

(B) “Land” does not include:

(i) areas developed for commercial recreational uses;

(ii) equipment, machinery, or personal property; and

(iii) structures and fixtures not described in subdivision (A)(iii) or (iv) of this subdivision (2).

(3) “Owner” means a person who owns, leases, licenses, or otherwise controls ownership or use of land, and any employee or agent of that person.

(4) “Recreational use” means an activity undertaken for recreational, educational, or conservation purposes, and includes hunting, fishing, trapping, guiding, camping, biking, in-line skating, jogging, skiing, snowboarding, swimming, diving, water sports, rock climbing, hang gliding, caving, boating, hiking, riding an animal or a vehicle, picking wild or cultivated plants, picnicking, gleaning, rock collecting, nature study, outdoor sports, noncommercial aviation, visiting or enjoying archaeological, scenic, natural, or scientific sites, or other similar activities. “Recreational use” also means any noncommercial activity undertaken without consideration to create, protect, preserve, rehabilitate, or maintain the land for recreational uses.
12 V.S.A. § 513 — VT Code / Title 12 / Chapter 23 / Section 513
§ 513. Skiing, injuries sustained while participating in sport of
Status: in_force

An action to recover for injuries sustained while participating in the sport of skiing shall be commenced within one year after the cause of action accrues, and not after.
12 V.S.A. § 2152 — VT Code / Title 12 / Chapter 85 / Section 2152
§ 2152. Penalty for taxing or taking illegal costs or fees
Status: in_force

A clerk of a court who, in taxing costs, knowingly includes a greater sum than is provided for by law, or a person practicing before a court who knowingly makes up, takes, or receives a greater sum in costs than is provided for by law, or a person who knowingly receives greater fees than the law provides, shall pay to the person aggrieved 10 times such excess, to be recovered with costs in an action of tort on this statute.
12 V.S.A. § 2682 — VT Code / Title 12 / Chapter 111 / Section 2682
§ 2682. Names of attorneys to be indorsed
Status: in_force

The name of an attorney of record for the plaintiff, and for the defendant, if any, shall be indorsed on such execution by the officer signing the same.
12 V.S.A. § 5175 — VT Code / Title 12 / Chapter 179 / Section 5175
§ 5175. Sale, when ordered
Status: in_force

In case one of the parties interested will not take such assignment and pay such sum, the court shall order the commissioners to sell such estate at public or private sale.
12 V.S.A. § 5 — VT Code / Title 12 / Chapter 1 / Section 5
§ 5. Dissemination of electronic case records
Status: in_force

(a) The Court shall not permit public access via the internet to criminal, family, or probate case records. The Court may permit criminal justice agencies, as defined in 20 V.S.A. § 2056a, internet access to criminal case records for criminal justice purposes, as defined in 20 V.S.A. § 2056a.

(b) Notwithstanding subsection (a) of this section, the Court shall provide licensed Vermont attorneys in good standing with access via the internet, through the Judiciary's public portal website or otherwise, to nonconfidential criminal, family, and probate case records.

(c) This section shall not be construed to prohibit the Court from providing electronic access to:

(1) court schedules of the Superior Court or opinions of the Criminal Division of the Superior Court;

(2) State agencies in accordance with data dissemination contracts entered into under Rule 12 of the Vermont Rules for Public Access to Court Records; or

(3) decisions, recordings of oral arguments, briefs, and printed cases of the Supreme Court.
12 V.S.A. § 3970 — VT Code / Title 12 / Chapter 143 / Section 3970
§ 3970. Prisoner charged with crime, notice to State's Attorney
Status: in_force

When it appears that the prisoner is imprisoned on a criminal accusation, he or she shall not be discharged until sufficient notice is given to the State's Attorney, whose duty it is to prosecute for such offense, to appear and object to such discharge.
12 V.S.A. § 3084 — VT Code / Title 12 / Chapter 121 / Section 3084
§ 3084. Retention out of funds in trustee's hands
Status: in_force

When a person is adjudged a trustee, his or her costs and charges shall be retained out of the goods, effects, and credits in his or her hands, and he or she shall be chargeable on execution for the balance.
12 V.S.A. § 3295 — VT Code / Title 12 / Chapter 123 / Section 3295
§ 3295. Attachment of real estate and personal property
Status: in_force

A writ of attachment of real estate or personal property shall be filled out as provided by rule adopted by the Supreme Court and issued to the plaintiff's attorney by the clerk of the court in the county where the action is pending or the property is located. Such writ shall issue only upon the order of a Superior judge approving attachment in the same manner as is provided by the Vermont Rules of Civil Procedure for attachment of personal property that is to be removed or taken into possession.
12 V.S.A. § 2782 — VT Code / Title 12 / Chapter 111 / Section 2782
§ 2782. Real estate defined
Status: in_force

The words “real estate” as used in this chapter shall mean such lands, tenements, rights, and estates as are made liable to execution by section 2781 of this title.
12 V.S.A. § 1601 — VT Code / Title 12 / Chapter 61 / Section 1601
§ 1601. Interest of witness; effect on qualifications and credibility
Status: in_force

A person shall not be disqualified as a witness in a civil cause or proceeding by reason of his or her interest therein as a party or otherwise. However, his or her interest or connection may be shown to affect his or her credibility as a witness.
12 V.S.A. § 3982 — VT Code / Title 12 / Chapter 143 / Section 3982
§ 3982. Penalty for attempting to elude service
Status: in_force

Whether a writ has been issued or not, a person who has in his or her custody or under his or her power a prisoner entitled to a writ of habeas corpus, and who, with intent to elude the service of such writ or to avoid the effect thereof, transfers such prisoner to the custody, or places him or her under the power or control of another person, or conceals him or her or changes the place of his or her confinement, shall forfeit to the person aggrieved $400.00, to be recovered in an action of tort on this statute.
12 V.S.A. § 1036 — VT Code / Title 12 / Chapter 27 / Section 1036
§ 1036. Contributory and comparative negligence
Status: in_force

(a) Contributory negligence shall not bar recovery in an action by any plaintiff, or the plaintiff's legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants, but the damage shall be diminished by general verdict in proportion to the amount of negligence attributed to the plaintiff. Where recovery is allowed against more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of the defendant's causal negligence to the amount of causal negligence attributed to all defendants against whom recovery is allowed.

(b) Contributory and comparative negligence shall be prohibited as a defense to limit a plaintiff's recovery for damages in an action for a negligence claim relating to a sexual act as defined in 13 V.S.A. § 3251 or sexual conduct as defined in 13 V.S.A. § 2821.
12 V.S.A. § 5679 — VT Code / Title 12 / Chapter 192 / Section 5679
§ 5679. Judgment or decree on award
Status: in_force

Upon the granting of an order confirming or modifying an award, judgment shall be entered in conformity therewith and be enforced as any other judgment. Costs of the application, of the proceedings subsequent thereto, and of disbursements may be awarded by the court.
12 V.S.A. § 592 — VT Code / Title 12 / Chapter 23 / Section 592
§ 592. Indorsement or memorandum of payment
Status: in_force

This chapter shall not alter or take away the effect of the payment of any principal or interest; but an indorsement or memorandum of such payment made upon a promissory note, bill of exchange, or other writing, unless in the handwriting of the party making the payment, shall not be proof of the payment sufficient to take the cause out of the provisions of this chapter.
12 V.S.A. § 3141 — VT Code / Title 12 / Chapter 121 / Section 3141
§ 3141. Application for continuance; effect of denial
Status: in_force

On application of the plaintiff in the trustee process the court may continue the first action on reasonable terms. If such action is not continued and judgment is rendered against the defendant, he or she shall not afterwards be adjudged a trustee on account of the demand so recovered against him or her, while he or she is liable to an execution on such judgment.
12 V.S.A. § 121 — VT Code / Title 12 / Chapter 5 / Section 121
§ 121. Supreme Court
Status: in_force

When a party violates a lawful order made against him or her by the Supreme Court or by a Justice thereof in a cause or matter brought to or pending before such Court or Justice after service of such order upon such party, contempt proceedings may be instituted against him or her before a Justice of the Supreme Court.
12 V.S.A. § 1624 — VT Code / Title 12 / Chapter 61 / Section 1624
§ 1624. Mittimus to compel attendance
Status: in_force

When it appears to a court that a subpoena has been legally served on a person, and that such person has not obeyed the subpoena, the court may issue a mittimus to compel his or her attendance.
12 V.S.A. § 5111 — VT Code / Title 12 / Chapter 177 / Section 5111
§ 5111. Jurisdiction
Status: in_force

The courts of this State shall have such jurisdiction to naturalize aliens as is or may hereafter be conferred by acts of Congress.
12 V.S.A. § 4962 — VT Code / Title 12 / Chapter 172 / Section 4962
§ 4962. Notice of intention to foreclose
Status: in_force

(a) At least 30 days prior to service of a notice of sale pursuant to subsection 4952(c) of this title, notice of intention to foreclose in a writing complying with this section shall be sent to the mortgagor by registered or certified mail at his or her last known address.

(b) The writing required by this section shall state, in a manner calculated to make the mortgagor aware of the situation:

(1) the mortgage to be foreclosed;

(2) the mortgage condition claimed to have been breached;

(3) that the mortgagee has accelerated maturity of the debt secured by the mortgage, if that is the case;

(4) the amount to be paid or other action necessary to cure, and the time within which the cure must take place, which shall be not less than 30 days after the date of the notice of intention to foreclose;

(5) the intention of the mortgagee to foreclose by exercising the power of sale contained in the mortgage, if the breach of the mortgage condition is not cured within the time and in the manner specified in the notice; and

(6) that the mortgagor will be entitled to be sent notice of the foreclosure sale at least 60 days prior to the sale and to redeem the mortgaged property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.

(c)(1) The following notice of intent to foreclose form may be used and may be altered as circumstances require:

PLEASE TAKE NOTICE that you have defaulted under Loan No. ____ by [mortgage condition breached] required by your Promissory Note dated ____ , 20____ . This default also constitutes a breach of the Mortgage, dated ____ , 20____ , recorded in Volume ____ at Page ____ of the Land Records, which secures the Loan. As a result of your default, we have accelerated the maturity of all indebtedness due on the Loan and secured by the Mortgage, totaling $____ as of today's date. In order to cure this default, you must pay to us on or before ____ [a date not less than thirty (30) days after the date of this Notice] the sum of $____ , plus interest at the rate of $____ per day to the date of payment. If you do not cure this default by making the payments required, it is our intention to foreclose by exercising the power of sale contained in the above Mortgage. You will be sent notice of the foreclosure sale at least sixty (60) days prior to the sale, and you will be entitled to redeem your interest in the mortgaged property at any time prior to the sale by paying the full amount due under the Mortgage, including the costs and expenses of the sale. If you do not cure the default or redeem your interest, your ownership of the mortgaged property will be terminated.

(2) This subsection shall not be construed to prevent the use of other forms except that all notices shall comply with the provisions of subsection (b) of this section.
12 V.S.A. § 3332 — VT Code / Title 12 / Chapter 123 / Section 3332
§ 3332. Admissions of defendant
Status: in_force

When a creditor has so appeared, an admission or declaration in writing or otherwise, afterwards made by the debtor in the cause, of the validity of the claim on which such previous attachment is founded, shall not be given in evidence against such creditor nor shall he or she be affected thereby.
12 V.S.A. § 1700 — VT Code / Title 12 / Chapter 63 / Section 1700
§ 1700. Uniform Business Records as Evidence Act
Status: in_force

(a) The term “business,” as used in subsection (b) of this section, shall include every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.

(b) A record of an act, condition, or event shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition, or event, and if, in the opinion of the court, the sources of information, method, and time of preparation were such as to justify its admission.

(c) This section shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact it.
12 V.S.A. § 3405 — VT Code / Title 12 / Chapter 123 / Section 3405
§ 3405. Return of sale
Status: in_force

When an attaching officer sells property pursuant to any of the preceding sections, within 30 days, he or she shall make a return of his or her sale and any action taken on the writ upon which the attachment was made and return the writ with his or her proceedings to the clerk who signed it or to the clerk of the court in which the action is pending. When the defendant confesses judgment to the plaintiff before he or she makes the return, the officer shall make return to the magistrate before whom the judgment is confessed.
12 V.S.A. § 2790 — VT Code / Title 12 / Chapter 111 / Section 2790
§ 2790. Officer's deed to purchaser; effect
Status: in_force

The officer selling such real estate, if the same is not redeemed, shall make, execute, and acknowledge a sufficient deed thereof to the purchaser, and deliver the same to him or her as hereinafter provided. When the deed is recorded in the office where by law a deed of real estate is required to be recorded, it shall give the purchaser all the debtor's right, title, and interest to the real estate sold.
12 V.S.A. § 1042 — VT Code / Title 12 / Chapter 27 / Section 1042
§ 1042. Certificate of merit
Status: in_force

(a) No civil action shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after February 1, 2013, in which it is alleged that such injury or death resulted from the negligence of a health care provider, unless the attorney or party filing the action files a certificate of merit simultaneously with the filing of the complaint. In the certificate of merit, the attorney or plaintiff shall certify that he or she has consulted with a health care provider qualified pursuant to the requirements of Rule 702 of the Vermont Rules of Evidence and any other applicable standard, and that, based on the information reasonably available at the time the opinion is rendered, the health care provider has:

(1) described the applicable standard of care;

(2) indicated that based on reasonably available evidence there is a reasonable likelihood that the plaintiff will be able to show that the defendant failed to meet that standard of care; and

(3) indicated that there is a reasonable likelihood that the plaintiff will be able to show that the defendant's failure to meet the standard of care caused the plaintiff's injury.

(b) A plaintiff may satisfy this requirement through multiple consultations that collectively meet the requirements of subsection (a) of this section.

(c) A plaintiff must certify to having consulted with a health care provider as set forth in subsection (a) of this section with respect to each defendant identified in the complaint.

(d) Upon petition to the clerk of the court where the civil action will be filed, an automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable inquiry required by this section.

(e) The failure to file the certificate of merit as required by this section shall be grounds for dismissal of the action without prejudice, except in the rare instances in which a court determines that expert testimony is not required to establish a case for medical malpractice.

(f) The requirements set forth in this section shall not apply to claims where the sole allegation against the health care provider is failure to obtain informed consent.
12 V.S.A. § 2357 — VT Code / Title 12 / Chapter 101 / Section 2357
§ 2357. Appeals in probate proceedings-Fraud, accident, or mistake
Status: in_force

When the petitioner has been prevented from taking or entering an appeal in a probate proceeding by fraud, accident, or mistake, on petition and proof thereof, the Supreme or Superior Court in its discretion may grant leave to file a notice of appeal from an order, sentence, decree, or denial of the Probate Division of the Superior Court or from a determination of commissioners on the estate of a deceased person in those cases which are by law appealable.
12 V.S.A. § 3064 — VT Code / Title 12 / Chapter 121 / Section 3064
§ 3064. Sworn disclosure; general denial; examination; discharge
Status: in_force

When an alleged trustee serves his or her written disclosure under oath declaring that he or she had not at the time of the service of the summons, nor has since had in his or her hands or possession any goods, effects, or credits of the defendant, and submits himself or herself thereupon to examination upon oath, he or she shall be discharged if the plaintiff should decline to examine him or her, or if his or her disclosure appears to be true upon examination and further proceedings. If the plaintiff examines the alleged trustee thereon, he or she shall propose interrogatories in writing, which shall be answered in writing, signed by the trustee, and sworn to by him or her in open court or before a person authorized by law to administer oaths.
12 V.S.A. § 3484 — VT Code / Title 12 / Chapter 125 / Section 3484
§ 3484. Surety may have warrant
Status: in_force

A surety in a recognizance taken by a Justice of the Supreme Court, a judge of a Superior Court, or a clerk of the Supreme or Superior Court, may make written application to the authority taking the recognizance for a warrant to apprehend the principal and commit him to jail. The authority taking the recognizance shall thereupon issue such warrant, directed to any sheriff or constable in the State. When the principal is committed to jail on such warrant, the bail shall be discharged.
12 V.S.A. § 7157 — VT Code / Title 12 / Chapter 217 / Section 7157
§ 7157. Recognition of out-of-state emancipation orders
Status: in_force

A minor who is emancipated by the lawful procedure of another state shall retain that status in this State and shall enjoy the benefits of this chapter while in this State.
12 V.S.A. § 507 — VT Code / Title 12 / Chapter 23 / Section 507
§ 507. Specialties
Status: in_force

Actions on specialties shall be brought within eight years after the cause of action accrues, and not after.
12 V.S.A. § 2692 — VT Code / Title 12 / Chapter 111 / Section 2692
§ 2692. Invalid and informal levies-New execution
Status: in_force

When an execution is levied on real or personal estate, and it afterwards appears that the estate did not belong to the debtor, or was encumbered by a mortgage not regarded in a sale thereof on execution, by reason of which the levy and sale are void, the court, upon motion, notice, and hearing, may issue an execution for the original execution, or so much thereof as was satisfied by the levy, and the costs thereon with interest on the same from the time of the levy, and the costs of the motion.
12 V.S.A. § 735 — VT Code / Title 12 / Chapter 25 / Section 735
§ 735. Delivery of writ; return; completion of service
Status: in_force

When property is taken as outlined in section 734 of this title, the person specially appointed shall deliver to the officer the writ of attachment or execution upon which he or she took the property, with a return of his or her action thereon, unless the writ has been returned to the attorney or court signing the writ. The officer shall complete the service thereof.
12 V.S.A. § 3355 — VT Code / Title 12 / Chapter 123 / Section 3355
§ 3355. Payment of debt not due
Status: in_force

When such debt is not due at the time fixed by the officer for sale of the property, the creditor may offer to pay the debt to the mortgagee, pledgee, or holder of the lien. If such payment is accepted, the same proceedings may be had as provided in section 3353 of this title.
12 V.S.A. § 5680 — VT Code / Title 12 / Chapter 192 / Section 5680
§ 5680. Judgment roll; docketing
Status: in_force

(a) On entry of judgment, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:

(1) the agreement and each written extension of the time within which to make the award;

(2) the award;

(3) a copy of the order confirming, modifying, or correcting the award; and

(4) a copy of the judgment or decree.

(b) The judgment or decree may be docketed as if rendered in an action.
12 V.S.A. § 3689 — VT Code / Title 12 / Chapter 125 / Section 3689
§ 3689. Application for discharge; hearing; oath
Status: in_force

When the petition is granted, after the time fixed by the court or justice, the prisoner may apply to the commissioners of jail delivery in the county for a discharge from imprisonment. After giving notice to the opposite party before such examination, as provided in other cases in this chapter, if they find on examination that such person has not property, except his or her wearing apparel, exceeding $20.00, the commissioners shall administer to him or her the following oath:

“You solemnly swear that you have not estate, real or personal, exceeding $20.00, except your wearing apparel, and that you have not disposed of any of your property for the purpose of defrauding the complainant in the proceedings on which you are committed. So help you God.”
12 V.S.A. § 4713 — VT Code / Title 12 / Chapter 167 / Section 4713
§ 4713. Before breach of contracts
Status: in_force

A contract may be construed either before or after there has been a breach thereof.
12 V.S.A. § 3579 — VT Code / Title 12 / Chapter 125 / Section 3579
§ 3579. Detaining public carrier to make arrest; penalties
Status: in_force

(a) An officer who has a writ of execution or criminal process for the arrest of a person whom he or she has reason to believe is on a public carrier may notify the operator of the carrier thereof. The operator shall thereupon detain the carrier a reasonable length of time at any place where it is scheduled to stop, and before it leaves the State, to enable the officer to examine the carrier and, if found, to arrest and remove the person against whom he or she has the writ of execution or criminal process.

(b) An operator who, after due notice from an officer holding a writ of execution or criminal process as specified in subsection (a) of this section, refuses or neglects to detain the carrier, and in consequence thereof the person sought to be arrested escapes from the borders of this State, if for a civil action, shall be liable to the plaintiff in an action of tort on this statute, for all damages arising therefrom. If for a criminal action, he or she shall be fined not more than $100.00.
12 V.S.A. § 3024 — VT Code / Title 12 / Chapter 121 / Section 3024
§ 3024. Debt for property in part exempt
Status: in_force

When the sum due or owing to the principal debtor is in part for property exempt from attachment and execution and in part for property not so exempt, the sum exempt from attachment by the trustee process shall be the value of the property so exempt from attachment and execution.
12 V.S.A. § 7201 — VT Code / Title 12 / Chapter 219 / Section 7201
§ 7201. Definitions
Status: in_force

As used in this chapter:

(1) “Disease” means any disease, illness, ailment, or adverse physiological or chemical change linked to exposure to a proven toxic substance. A disease is serious if it has the potential to cause death, disability, or chronic pain.

(2) “Establishment” means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, commercial or charitable activity, or governmental function.

(3) “Exposure” means ingestion, inhalation, or absorption through any body surface.

(4) “Facility” means all contiguous land, structures, other appurtenances, and improvements on the land where proven toxic substances are manufactured, processed, used, or stored. A facility may consist of several treatment, storage, or disposal operational units. A facility shall not include land, structures, other appurtenances, and improvements on the land owned by a municipality.

(5) “Large facility” means a facility:

(A) where an activity within a Standard Industrial Classification code of 10 through 14, 20 through 39, 40 through 42, 44 through 46, or 49 is conducted or was conducted; and

(B)(i) where, at any one time, 10 or more full-time or full-time equivalent employees have been employed; or

(ii) that is owned or operated by a person who, when all facilities or establishments that the person owns or controls are aggregated, has employed 500 employees at any one time.

(6) “Medical monitoring” means a program of medical tests or procedures for the purpose of early detection of signs or symptoms of a latent disease resulting from exposure.

(7) “Operator” means a person who manages, conducts, or directs the operations of a facility.

(8) “Owner” means a person who owns or controls a facility. “Owner” shall not mean a person who without participating in the management of the facility holds indicia of ownership primarily to protect a security interest.

(9) “Person” means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity.

(10)(A) “Proven toxic substance” means any substance, mixture, or compound that may cause personal injury or disease to humans and that satisfies one or more of the following:

(i) the substance, mixture, or compound is listed on the U.S. Environmental Protection Agency Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act, Comprehensive Environmental Response, Compensation and Liability Act, and Section 112(r) of the Clean Air Act;

(ii) the substance, mixture, or compound is defined as a “hazardous material” under 10 V.S.A. § 6602 or under rules adopted under 10 V.S.A. chapter 159;

(iii) testing has produced evidence, recognized by the National Institute for Occupational Safety and Health or the U.S. Environmental Protection Agency, that the substance, mixture, or compound poses acute or chronic health hazards;

(iv) the Department of Health has issued a public health advisory for the substance, mixture, or compound;

(v) the Secretary of Natural Resources has designated the substance, mixture, or compound as a hazardous waste under 10 V.S.A. chapter 159; or

(vi) exposure to the substance, mixture, or compound is shown by expert testimony to increase the risk of developing a serious latent disease.

(B) “Proven toxic substance” shall not mean:

(i) a pesticide when applied consistent with good practice; in conformity with federal, State, and local laws, rules, and regulations; and according to the manufacturer's instructions; or

(ii) ammunition or components thereof, firearms, air rifles, discharge of firearms or air rifles, or hunting or fishing equipment or components thereof.

(11) “Release” means any act or omission that allows a proven toxic substance to enter the air, land, surface water, or groundwater.

(12) “Tortious conduct” or “tortious” means negligence, trespass, nuisance, product liability, or common law liability for ultra-hazardous or abnormally dangerous activity.
12 V.S.A. § 3972 — VT Code / Title 12 / Chapter 143 / Section 3972
§ 3972. Discharge; decision and record
Status: in_force

When legal cause is not shown for the imprisonment or restraint, such court or magistrate shall discharge the person therefrom. The petition for a writ of habeas corpus heard by a court or magistrate, together with the decision thereon in writing, shall be returned for record to the office of the county clerk of the county in which the person is alleged to be restrained or confined, or, if restrained upon process issuing from a court, into the clerk's office in the county where such court is held. Such proceedings shall be docketed and properly indexed, and the same, together with the decision thereon, recorded in the same manner as other judgments of such court.
12 V.S.A. § 3984 — VT Code / Title 12 / Chapter 143 / Section 3984
§ 3984. Imprisonment for same cause after discharge
Status: in_force

A person who has been discharged upon habeas corpus shall not be imprisoned or restrained again for the same cause, unless he or she is indicted therefor or convicted thereof, or does not find bail as ordered by a court of record or unless, after a discharge for a defect of proof or for material defect in the commitment in a criminal cause, he or she is again arrested on sufficient proof and committed for the same offense.
12 V.S.A. § 4634 — VT Code / Title 12 / Chapter 163 / Section 4634
§ 4634. Mediation report
Status: repealed

(a) Within seven days of the conclusion of any mediation under this subchapter, the mediator shall report in writing the results of the process to the court and both parties, and shall provide a copy of the report to the Office of the Attorney General for data collection purposes. The report submitted to the Attorney General's office shall include, in addition to the information identified in subsection (b) of this section, all applicable government loss mitigation program criteria, inputs, and calculations performed prior to or during the mediation and all information related to the requirements in subsection 4633(a) of this title. The report submitted to the Attorney General's office shall be confidential, and shall be exempt from public copying and inspection under 1 V.S.A. § 317, provided that any public report by the Attorney General may include information in aggregate form.

(b) The report required by subsection (a) of this section shall not disclose the mediator's assessment of any aspect of the case or substantive matters discussed during the mediation, except as is required to report the information required by this section. The report shall contain all of the following items:

(1) The date on which the mediation was held, including the starting and finishing times.

(2) The names and addresses of all persons attending, showing their role in the mediation and specifically identifying the representative of each party who had decision-making authority.

(3) A summary of any substitute arrangement made regarding attendance at the mediation.

(4) [Repealed.]

(5) The results of the mediation, stating whether full or partial settlement was reached and appending any agreement of the parties.

(6)(A) A statement as to whether any person required under subsection 4633(d) of this title to participate in the mediation failed to:

(i) attend the mediation;

(ii) make a good faith effort to mediate; or

(iii) supply documentation, information, or data as required by subsections 4633(a)-(c) of this title.

(B) If a statement is made under subdivision (A) of this subdivision (6), it shall be accompanied by a brief description of the applicable reason for the statement.
12 V.S.A. § 5803 — VT Code / Title 12 / Chapter 211 / Section 5803
§ 5803. Oath to be administered to petit jurors impaneled to try civil causes in Superior Courts
Status: in_force

You solemnly swear that you will well and truly try each and every issue which may be given you in charge during the present term of this court, agreeably to the evidence given you in court, and the laws of this State, and true verdicts give; your own counsel and that of your fellows you will duly observe and keep; you will say nothing to any person about the business and matters you may at any time have in charge, but to your fellow jurors, nor will you suffer any one to speak to you about the same but in court; and when you have agreed on a verdict, you will keep it secret until you deliver it in court. So help you God.
12 V.S.A. § 4995 — VT Code / Title 12 / Chapter 173 / Section 4995
§ 4995. Copy of judgment transmitted to Secretary of State
Status: in_force

When final judgment has been rendered that a grant is forfeited, the clerk of the court within 30 days from the rendition thereof shall transmit to the Secretary of State a certified copy of such judgment to be recorded and kept in his or her office.
12 V.S.A. § 731 — VT Code / Title 12 / Chapter 25 / Section 731
§ 731. Indifferent person, appointment of
Status: in_force

When a summons, writ, or other process is not specially required by law to be served by an officer, any Superior judge, or any judge of the court to which the process is returnable, may appoint an indifferent person to serve the process if it appears that service by that person will be more economical or efficient than service by an officer.
12 V.S.A. § 2681 — VT Code / Title 12 / Chapter 111 / Section 2681
§ 2681. Executions in Supreme and Superior Courts; time
Status: in_force

(a) The Supreme and Superior Courts may issue executions on final judgments rendered by them, which shall be made returnable within 60 days from the date thereof. Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment, except as provided in subsection (b) of this section.

(b) Executions on small claims court judgments may be made so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment. Actions to renew small claims court judgments shall be brought by filing a complaint in small claims court prior to the expiration of the judgment, and may be made for the amount of the judgment and any postjudgment costs, fees, and interest allowed by law.
12 V.S.A. § 3965 — VT Code / Title 12 / Chapter 143 / Section 3965
§ 3965. Return to be signed and sworn to; exception
Status: in_force

The return or statement shall be signed by the person making it, and shall be sworn to by him or her unless he or she is a sworn public officer and makes the return in his or her official capacity.
12 V.S.A. § 3078 — VT Code / Title 12 / Chapter 121 / Section 3078
§ 3078. Judgment on money demands-Amount; when payable
Status: in_force

When a person is adjudged trustee on account of money due to the defendant at a future day, the court shall determine the amount which the trustee shall pay on the judgment and the time when the same shall be paid.
12 V.S.A. § 4253 — VT Code / Title 12 / Chapter 161 / Section 4253
§ 4253. Failure of defendant to appear; consequence
Status: in_force

In an action for an accounting, if a verdict is found against the defendant or if he or she does not appear, or appearing confesses that he or she ought to account, the court shall render judgment that he or she account.
12 V.S.A. § 3364 — VT Code / Title 12 / Chapter 123 / Section 3364
§ 3364. Service of process on person holding property
Status: in_force

A valid lien on such property shall be created by delivering to the person so holding it a true and attested copy of the process upon which it is attached or levied, with the return of the officer thereon describing it, which shall have the same effect as though the property were taken into the possession of such officer.
12 V.S.A. § 522 — VT Code / Title 12 / Chapter 23 / Section 522
§ 522. Actions based on childhood sexual or physical abuse
Status: in_force

(a) A civil action brought by any person for recovery of damages for injury suffered as a result of childhood sexual or physical abuse may be commenced at any time after the act alleged to have caused the injury or condition. The victim need not establish which act in a series of continuing physical abuse or sexual abuse or exploitation incidents caused the injury.

(b) If a complaint is filed alleging an act of childhood sexual or physical abuse, the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until the answer is served or, if the defendant files a motion to dismiss under Rule 12(b) of the Vermont Rules of Civil Procedure, until the court rules on that motion. If the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed. Any hearing held in connection with the motion to dismiss shall be in camera.

(c) As used in this section:

(1) “Childhood sexual abuse” means any act committed by the defendant against a complainant who was under 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting lewd and lascivious conduct, lewd or lascivious conduct with a child, felony sexual exploitation of a minor in violation of 13 V.S.A. § 3258(c), sexual assault, or aggravated sexual assault in effect at the time the act was committed.

(2) “Childhood physical abuse” means any act other than an attempt committed by the defendant against a complainant who was under 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting aggravated assault in effect at the time the act was committed.

(d) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood sexual abuse that occurred prior to July 1, 2019, irrespective of any statute of limitations in effect at the time the abuse occurred. In an action based on childhood sexual abuse that would have been barred by any statute of limitations in effect on June 30, 2019, damages may be awarded against an entity that employed, supervised, or had responsibility for the person allegedly committing the sexual abuse only if there is a finding of gross negligence on the part of the entity.

(e) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood physical abuse that occurred prior to July 1, 2021, irrespective of any statute of limitations in effect at the time the abuse occurred. In an action based on childhood physical abuse that would have been barred by any statute of limitations in effect on June 30, 2021, damages may be awarded against an entity that employed, supervised, or had responsibility for the person allegedly committing the physical abuse only if there is a finding of gross negligence on the part of the entity.
12 V.S.A. § 2686 — VT Code / Title 12 / Chapter 111 / Section 2686
§ 2686. Execution for subsequent attaching creditor
Status: in_force

(a) When a subsequent attaching creditor recovers judgment while a prior action is pending, on which the same property is attached, he or she may take an execution on such judgment at any time within 30 days after all prior attachments are discharged, if the property attached is personal property, and, if real estate, within five months after the prior attachments are discharged, though more than a year and a day have passed after the rendition of such judgment. If an execution was taken out at the time of the rendition of such judgment, which is unsatisfied, the plaintiff may take out other executions thereon within the time aforesaid, though the judgment has lain dormant for more than a year and a day. Such execution, or other executions, if so taken out, shall hold the lien on the goods or estate so attached, if put into the hands of the attaching officer within 30 days after the discharge of all liens on such property, if the property was personal, or five months, if real estate.

(b) If more than a year and a day have expired from the rendition of the judgment, the magistrate issuing such execution shall state therein that the plaintiff was a subsequent attaching creditor.
12 V.S.A. § 5794 — VT Code / Title 12 / Chapter 203 / Section 5794
§ 5794. Landowner protection
Status: in_force

(a) The fact that an owner has made land available without consideration for recreational uses shall not be construed to:

(1) limit the property rights of owners;

(2) limit the ability of an owner and a recreational user of the land to enter into agreements for the recreational use of the land to vary or supplement the duties and limitations created in this chapter;

(3) support or create any claim or right of eminent domain, adverse possession, or other prescriptive right or easement or any other land use restriction;

(4) alter, modify, or supersede the rights and responsibilities under 20 V.S.A. chapter 191 (animal control), and 20 V.S.A. chapter 193 (domestic pet or wolf-hybrid control); under 23 V.S.A. chapter 29 (snowmobiles), and 23 V.S.A. chapter 31 (all-terrain vehicles); under 19 V.S.A. chapter 23 (bicycle routes); and under 10 V.S.A. chapter 20 (Vermont trail system);

(5) extend any assurance that the land is safe for recreational uses or create any duty on an owner to inspect the land to discover dangerous conditions;

(6) relieve a person making recreational use of land from the obligation the person may have in the absence of this chapter to exercise due care for the person's own safety in the recreational use of the land.

(b) Nothing in this chapter shall create any presumption or inference of permission or consent to enter upon an owner's land for any purpose.

(c) For the purposes of protecting landowners who make land available for recreational use to members of the public for no consideration pursuant to this chapter, the presence of one or more of the following on land does not by itself preclude the land from being “open and undeveloped”: posting of the land, fences, or agricultural or forestry-related structures.
12 V.S.A. § 3073 — VT Code / Title 12 / Chapter 121 / Section 3073
§ 3073. Judgment on disclosure and commissioner's report
Status: in_force

When the commissioner has returned to the court the disclosure of the trustee, with the report of the facts and his or her decision thereon, if cause is not shown to the contrary, judgment with costs shall be rendered on such report according to the rights of the parties.
12 V.S.A. § 4851 — VT Code / Title 12 / Chapter 169 / Section 4851
§ 4851. Issuance of process by Superior judge
Status: in_force

When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease by its own limitation or after breach of a stipulation contained in the lease by the lessee or a person holding under the lessee, the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore him or her to the possession thereof.
12 V.S.A. § 2150 — VT Code / Title 12 / Chapter 85 / Section 2150
§ 2150. Actions on negotiable paper or nonnegotiable choses in action
Status: in_force

In an action brought on a negotiable note or bill or on a nonnegotiable chose in action, the plaintiff shall not recover more costs than would have been taxed if the action had been brought in the name of the original payee or assignor.
12 V.S.A. § 2695 — VT Code / Title 12 / Chapter 111 / Section 2695
§ 2695. Defective execution on real estate; application
Status: in_force

Where an execution has been levied on real estate and the levy, sale, or deed is irregular, informal, or not according to law and the title derived therefrom is doubtful, within two years from the time of sale, a party interested may bring an action in the Superior Court, setting forth in the complaint the respects in which it is claimed the proceedings on the execution were irregular, informal, and not according to law. Upon hearing, the presiding judge may grant the plaintiff and all parties interested such relief as is equitable.
12 V.S.A. § 5059 — VT Code / Title 12 / Chapter 175 / Section 5059
§ 5059. Unsatisfied judgment not bar to further action
Status: in_force

The recovery of judgment against one or more of several obligors or promisors on a joint or joint and several contract, without satisfaction, shall not discharge the other obligors or promisors from their liability on such contract.
12 V.S.A. § 5655 — VT Code / Title 12 / Chapter 192 / Section 5655
§ 5655. Representation by attorney
Status: in_force

A party has the right to be represented by an attorney at any proceeding or hearing under this subchapter. A waiver thereof prior to the proceeding or hearing is ineffective.
12 V.S.A. § 4773 — VT Code / Title 12 / Chapter 169 / Section 4773
§ 4773. Ejectment for nonpayment of rent; proof; payment
Status: in_force

In actions of ejectment for nonpayment of rent, the plaintiff shall not be required to prove a demand of the rent in arrear or a stipulation for reentry on nonpayment of rent or a reentry on the premises, but shall recover judgment as if the rent in arrear had been demanded and reentry made. Before a writ of possession is executed, if the defendant pays into court all rent due through the end of the current rental period, including interest and the costs of suit, the action shall be discontinued. A defendant may not defeat an ejectment action by payment of all rent in arrears, interest, and court costs more than one time in 12 months. The 12-month period shall begin on the day the payment is made.
12 V.S.A. § 6009 — VT Code / Title 12 / Chapter 213 / Section 6009
§ 6009. Poor debtor-oath
Status: in_force

Poor Debtor's Oath

The oath to poor debtors shall be administered by the commissioners of jail delivery in the following form:

“You solemnly swear that you have not estate, real or personal, to the amount of $20.00, nor sufficient to satisfy the execution on which you are committed, except such as is exempt from execution; and that you have not, directly or indirectly, disposed of any part of your estate to defraud your creditors; and that you have not, since your commitment, disposed of any of your property to defraud the creditor on whose execution you are committed. So help you God.”
12 V.S.A. § 734 — VT Code / Title 12 / Chapter 25 / Section 734
§ 734. Property taken from specially appointed person by officer
Status: in_force

When property is attached or taken in execution by a person specially appointed, it may be taken by an officer having an attachment or execution against it from the possession of the specially appointed person or his or her receiptor, but subject to the lien created by the previous attachment or taking in execution.
12 V.S.A. § 857 — VT Code / Title 12 / Chapter 25 / Section 857
§ 857. Repealed. 2025, No. 10, § 25, eff. July 1, 2025.
Status: repealed

(Repealed by 2025, No. 10, § 25, eff. July 1, 2025.)
12 V.S.A. § 4941 — VT Code / Title 12 / Chapter 172 / Section 4941
§ 4941. Decree foreclosing equity of redemption; writ of possession
Status: in_force

(a) In any action for foreclosure with regard to any mortgage encumbering property, the court may, if no sale is requested by the plaintiff or ordered by the court pursuant to subsection (b) of this section, issue a judgment and decree of foreclosure without requiring a judicial sale of the premises.

(b) In an action brought under subsection (a) of this section, any party may by written motion request, or the court in its discretion may order, that property be sold at a judicial foreclosure sale, whether or not the mortgage contains a power of sale.

(c) No decree foreclosing the right of redemption without sale shall be issued absent a finding by the court that there is no substantial value in the property in excess of the mortgage debt found by the court to be due to the plaintiff and any other lienholder, plus assessed but unpaid property taxes due on the property. The court shall include in its order a summary of the evidence upon which its finding is based.

(d) If a decree is issued foreclosing the right of redemption without sale, the time of redemption shall be six months from the date of the decree unless a shorter time is ordered, or the mortgagor and mortgagee plaintiff agree to a shorter period. The court shall fix the period of redemption taking into consideration whether there is value in the property in excess of the mortgage debt and debt owed to junior lienholders, any assessed but unpaid property taxes, the condition of the property, and any other equities.

(e) If the premises are not redeemed agreeably to the decree, the clerk of the court shall issue a writ of possession at the plaintiff's request. Such writ shall have the same force and effect and be executed in the same manner as similar writs issued after judgment by a court of law in ejectment proceedings. Where the premises are occupied by a residential tenant, the writ shall be served on the tenant, and the plaintiff shall be placed in possession of the property without further proceedings not sooner than 30 days after the writ is served, or upon such other time as is required by federal law, whichever is longer.

(f)(1) In an action for foreclosure under this section, if a lien or interest in such realty is held by any person or federal agency which may not be foreclosed by strict foreclosure pursuant to federal law, the court shall proceed in accordance with subchapter 3 of this chapter.

(2) In an action for foreclosure, if a lien or interest in such realty is held by any person or federal agency which may not be foreclosed by strict foreclosure pursuant to federal law, a decree may be entered providing for such period of redemption as the court may determine, and providing for a sale of the mortgaged premises at the conclusion of such period if the premises are not redeemed, and for the time, manner, and notice of sale, if required, and the application of any proceeds.

(g) In an action for foreclosure under this section, where the time of redemption has expired, the party obtaining the foreclosure shall cause a certified copy of the judgment and the certificate of nonredemption to be recorded in the office where by law a deed of the lands is required to be recorded.

(h) If the plaintiff complies with subsection (g) of this section, the expiration of the right of redemption under the decree shall foreclose the interest of subsequent purchasers, mortgagees, or attaching creditors whose interest in the property being foreclosed first arose after the filing of the complaint for foreclosure in the land records as provided in section 4932 of this chapter.
12 V.S.A. § 2142 — VT Code / Title 12 / Chapter 85 / Section 2142
§ 2142. Apportioning costs in case of several issues or claims
Status: in_force

When an action pending in a District or Superior Court or in the Supreme Court involves the trial of several and distinct issues or of several and distinct claims, in taxing the costs, the court shall allow to each party the costs accruing upon the issues or claims upon which he or she prevails.
12 V.S.A. § 2784 — VT Code / Title 12 / Chapter 111 / Section 2784
§ 2784. Estate held five months
Status: in_force

The real estate thus designated shall be held to satisfy such execution for the term of five months from the time of lodging the copy thereof, as provided in section 2783 of this title. When encumbered by previous attachments, the lien thus created shall remain, after the removal of such encumbrance, as if the estate had been attached on mesne process by the creditor in such execution.
12 V.S.A. § 4763 — VT Code / Title 12 / Chapter 169 / Section 4763
§ 4763. When all tenants are not sued; disclaimer
Status: in_force

The writ in the action of ejectment shall not abate because all the tenants are not sued, but those on whom service is made shall answer for such part of the premises only as they set forth in their answer, and disclaim as to the remainder. If a defendant disclaims as to the whole, he or she shall recover his or her costs, unless the plaintiff proves such defendant in possession of all or part of the premises demanded at the commencement of the action.
12 V.S.A. § 3334 — VT Code / Title 12 / Chapter 123 / Section 3334
§ 3334. Costs when plaintiff recovers in part
Status: in_force

When such creditor defeats on trial a part of the plaintiff's claim on the ground that it is fraudulent as against creditors, he or she shall have judgment and execution against the plaintiff for such costs accrued after entry by such creditor as the court may tax in its discretion.
12 V.S.A. § 2148 — VT Code / Title 12 / Chapter 85 / Section 2148
§ 2148. Consolidation of actions against directors
Status: in_force

(a) In all causes brought to the same Superior Court in favor of different creditors of a corporation against the directors thereof, or some of them jointly, based upon the provisions of the act or articles of incorporation, or a statute, to recover for loss sustained by such creditors by reason of the incompetency, neglect or remissness of such directors, and where the same parties are defendants in each action, such causes may be consolidated by the court, upon request of the defendants or upon request of such of the several plaintiffs as shall join in a motion therefor, and proceed to final judgment as one cause, and only one bill of costs shall be allowed to the successful party in court.

(b) If such judgment is for the plaintiffs, it shall show the amount of damages awarded to each. Separate executions shall issue thereon, with full costs in one cause and costs of writ, service and court fees in the others. If such judgment is for the defendants, the execution shall run against all the plaintiffs; but, as between themselves, they shall bear the costs in proportion to the amount of their respective claims.

(c) When actions are brought by several plaintiffs against the same defendants, as provided in subsection (a) of this section and any of such causes are continued by the term without the fault of either party, or to await the result of similar pleadings in another cause, costs shall not be taxed at such term in favor of either party, except court fees.
12 V.S.A. § 5161 — VT Code / Title 12 / Chapter 179 / Section 5161
§ 5161. Who may have partition
Status: in_force

A person having or holding real estate with others, as joint tenants, tenants in common, or coparceners, may have partition thereof.
12 V.S.A. § 62 — VT Code / Title 12 / Chapter 3 / Section 62
§ 62. Judge acting as referee, auditor, commissioner, or master
Status: in_force

A Justice of the Supreme Court or a Superior judge shall not act as referee, auditor, commissioner, or special master in a cause pending in a court in this State, unless he or she began the hearing in such cause as referee, auditor, commissioner, or special master prior to his or her appointment or election as such Justice or judge.
12 V.S.A. § 5967 — VT Code / Title 12 / Chapter 213 / Section 5967
§ 5967. Witness-subpoena for appearance before grand jury
Status: in_force

Subpoena for Witness Before Grand Jury

(Commencement and direction as in § 5903.)

By the authority of the State of Vermont, you are hereby commanded to summon ......................... of ............... to appear before the grand jury of the county of ...................... , at the courthouse in ......................... , on the .................. day of ................ A.D. 20 ....... , at ............ o'clock in the .................. noon, to give evidence of what they know relative to all matters of complaint pending and to be investigated before such grand jury; and this neither of them may omit, as they will answer their default under the pains and penalties of the law in such case made and provided.

Fail not, but service and return make according to law.

Dated at, etc.

G. H., Clerk, Justice of the Peace,

Notary Public
12 V.S.A. § 4481 — VT Code / Title 12 / Chapter 163 / Section 4481
§ 4481. Receivers of goods attached
Status: in_force

When the stock in a manufacturing establishment consisting of articles in the process of manufacture, with or without the materials necessary for the manufacture of the same, hereinafter referred to as “stock,” is taken by virtue of a writ of attachment in a civil action, and cannot be sold without a sacrifice, and cannot be kept without loss and damage, on the motion of a party interested to the presiding judge of the Superior Court in which the action is pending or by complaint to any other Superior judge, the judge may appoint in his or her discretion a competent person to receive the stock so attached, complete the manufacture thereof, dispose of the same on the terms most advantageous to the persons interested, and apply the proceeds under the direction of the judge:

(1) to the payment of necessary expenses incurred by the receiver in the manufacture and sale of the stock;

(2) to the payment of such sum as the judge deems reasonable to the receiver for his or her services;

(3) to the payment of the costs of the proceedings;

(4) the residue shall be applied as though the money were received by the officer, on the sale of the stock, by consent or otherwise, upon the original attachment.
12 V.S.A. § 518 — VT Code / Title 12 / Chapter 23 / Section 518
§ 518. Ionizing radiation injury; latent
Status: in_force

(a) An action to recover for ionizing radiation injury or injury from other noxious agents medically recognized as having a prolonged latent development shall be commenced within three years after the person suffering the injury has knowledge or ought reasonably to have knowledge of having suffered the injury and of the cause thereof, but in no event more than 20 years from the date of the last occurrence to which the injury is attributed.

(b) An action or proceeding to recover for latent ionizing radiation injury, or injury from other noxious agents medically recognized as having a prolonged latent development shall not be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action or proceeding was actually awarded damages for the latent injury, or knew or reasonably could be expected to know that such latent injury would occur, and its nature and extent with sufficient particularity to establish entitlement to a specific amount of damages on account thereof.
12 V.S.A. § 2791 — VT Code / Title 12 / Chapter 111 / Section 2791
§ 2791. Return of execution
Status: in_force

The officer commencing proceedings for sale on execution of real estate or the right to collect and receive rents, issues, and profits thereof, may make such sale, although the return day of the execution has passed, and shall return the execution within five business days after the sale. A failure to make such return shall not affect the purchaser's title to the property.
12 V.S.A. § 3958 — VT Code / Title 12 / Chapter 143 / Section 3958
§ 3958. Return after court adjourns; procedure
Status: in_force

When the court to which the writ is returnable adjourns before it is returned, the return shall be made before one of the Justices of the Supreme Court. If the writ is in any case returned before one Justice or judge when the court is in session, he or she may adjourn the case into the court, to be there heard and determined as if the writ had been returned into the same court.
12 V.S.A. § 1701 — VT Code / Title 12 / Chapter 63 / Section 1701
§ 1701. Uniform Photographic Copies of Business and Public Records as Evidence Act
Status: in_force

(a) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original.

(b) This section shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it.
12 V.S.A. § 3959 — VT Code / Title 12 / Chapter 143 / Section 3959
§ 3959. Designation of person to be served
Status: in_force

The person having the custody of the prisoner may be designated by his or her official title, if he or she has any, or by his or her name. If such title or name is unknown or uncertain, he or she may be described by an assumed appellation. Any one upon whom the writ is served shall be deemed the person intended thereby.
12 V.S.A. § 3013 — VT Code / Title 12 / Chapter 121 / Section 3013
§ 3013. Who may be summoned as trustee generally; property subject to process
Status: in_force

A person or corporation, or the State of Vermont by service of process upon the State Treasurer, may be summoned as a trustee of the defendant. The goods, effects, or credits of the defendant which are in the hands of such trustee at the time of the service of the writ upon the trustee, or which come into the trustee's hands or possession before disclosure, shall thereby be attached and held to respond to final judgment in the cause, except as hereinafter provided. Notwithstanding the foregoing, the State of Vermont may not be summoned as a trustee of the defendant for any tax refunds, credits, or rebates due the defendant under Title 32.
12 V.S.A. § 4984 — VT Code / Title 12 / Chapter 173 / Section 4984
§ 4984. Effect of judgment
Status: in_force

When a grant is adjudged forfeited, the grantee shall thereby be divested of the rights, benefits, and privileges derived therefrom. The grant shall be considered vacated and the thing granted shall revert to the State.
12 V.S.A. § 2734 — VT Code / Title 12 / Chapter 111 / Section 2734
§ 2734. Sale
Status: in_force

When the debtor does not satisfy the execution with costs and charges thereon before the time of sale, the officer shall, at the time and place appointed, sell the same, or a part thereof sufficient to satisfy the execution with the costs and charges thereon, at public auction to the highest bidder.
12 V.S.A. § 7154 — VT Code / Title 12 / Chapter 217 / Section 7154
§ 7154. Hearing; parties; notice
Status: in_force

(a) Upon the filing of the petition, the court shall schedule a hearing.

(b) The minor's parents, guardian, or other person charged with the custody of the minor shall be parties to the proceedings and shall be given an opportunity to be heard.

(c) At least 30 days prior to the hearing, notice shall be given to the minor's parents, guardian, or other person charged with the custody of the minor, unless the court finds that their addresses are unknown, or that there are other reasons notice cannot be given.

(d) If the minor has been committed to the custody or guardianship of the Commissioner for Children and Families, or a petition has been filed to commit the minor to the custody of the Commissioner, the Commissioner shall be a party to the action under this chapter.

(e) Any action under this chapter may be consolidated with any other action in the Probate Division of the Superior Court involving the interest or welfare of the minor.

(f) The burden of proving facts necessary to sustain the petition shall be on the minor and shall be by a preponderance of the evidence.
12 V.S.A. § 1941 — VT Code / Title 12 / Chapter 81 / Section 1941
§ 1941. Jury challenges; peremptory and for cause
Status: in_force

Upon the trial of a cause in any court, each party, including the State, may peremptorily challenge six jurors and any further number for cause.
12 V.S.A. § 4983 — VT Code / Title 12 / Chapter 173 / Section 4983
§ 4983. Grounds for forfeiture of grants
Status: in_force

Grants may be adjudged forfeited for the nonperformance of a condition annexed to or contained in such grant, whether expressed, or from the nature of the grant, clearly implied.
12 V.S.A. § 1912 — VT Code / Title 12 / Chapter 81 / Section 1912
§ 1912. Expression of regret or apology by health care provider inadmissible
Status: in_force

(a) An oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, made by or on behalf of a health care provider or health care facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the error, does not constitute a legal admission of liability for any purpose and shall be inadmissible in any civil or administrative proceeding against the health care provider or health care facility, including any arbitration or mediation proceeding.

(b) In any civil or administrative proceeding against a health care provider or health care facility, including any arbitration or mediation proceeding, the health care provider, health care facility, or any other person who makes an oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, on behalf of the provider or facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the potential adverse outcome, may not be examined by deposition or otherwise with respect to the expression of regret, apology, or explanation.

(c) As used in this section:

(1) “Health care facility” shall have the same meaning as in 18 V.S.A. § 9402(6).

(2) “Health care provider” shall have the same meaning as in 18 V.S.A. § 9402(7).

(d) The liability protections afforded by subsections (a) and (b) of this section shall not be construed to limit access to information that is otherwise discoverable.

(e) This section shall apply only to medical errors that occur on or after July 1, 2006.
12 V.S.A. § 4819 — VT Code / Title 12 / Chapter 169 / Section 4819
§ 4819. Dismissal by plaintiff
Status: in_force

Further proceedings shall not be had on the counterclaim for betterments when the judgment is awarded to the plaintiff on his or her claim of title and he or she, within 30 days of the rendition of judgment, shall lodge with the clerk a warranty deed to the defendant of the lands so recovered and the plaintiff dismisses the action.
12 V.S.A. § 5052 — VT Code / Title 12 / Chapter 175 / Section 5052
§ 5052. On joint and several contracts
Status: in_force

An action may be sustained against one or more persons on joint and several contracts executed by three or more of them. If any of them reside out of the State, the writ shall designate such nonresidents.
12 V.S.A. § 7302 — VT Code / Title 12 / Chapter 221 / Section 7302
§ 7302. Tortious interference with legally protected health care activity
Status: in_force

(a) Access to reproductive health care services and gender-affirming health care services is a legal right in this State. Interference with legally protected health care activity, whether or not under the color of law, is against the public policy of this State.

(b) Any public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, or authorizes a person to bring a civil action against or otherwise interferes with a person, provider, payer, or other entity in this State that seeks, receives, causes, aids in access to, aids or abets, or provides, or attempts or intends to seek, receive, cause, aid in access to, aid or abet, or provide, legally protected health care services shall be an interference with the exercise and enjoyment of the rights secured by this State and shall be a violation of the public policy of this State.

(c) If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, legally protected health care activity, any aggrieved person, provider, payer, or other entity, including any defendant in such abusive litigation, may initiate a civil action for injunctive, monetary, or other appropriate relief within six years after the cause of action accrues.

(d) If the court finds for the petitioner in an action authorized by this section, recovery may include damages for the amount of any judgment issued in connection with any abusive litigation, and any and all other expenses, costs, or reasonable attorney's fees incurred in connection with the abusive litigation and with the tortious interference action.

(e) A court may exercise jurisdiction over a person in an action authorized by this section if:

(1) personal jurisdiction is found;

(2) the person has commenced any action in any court in this State and, during the pendency of that action or any appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person's behalf in that action or as otherwise permitted by law; or

(3) the exercise of jurisdiction is permitted under the Constitution of the United States.

(f) Abusive litigation does not include a lawsuit or judgment entered in another state that is based on conduct for which a cause of action would exist under the laws of this State if the course of conduct that forms the basis for liability had occurred entirely in this State, including any contract, tort, common law, or statutory claims.

(g) An attorney shall not be liable under this section, if acting on behalf of another and within the scope of the attorney's license. A lawyer acting pro se, or a public prosecutor having the personal discretion to decide whether to bring abusive litigation, shall not be immune under this subsection.
12 V.S.A. § 2143 — VT Code / Title 12 / Chapter 85 / Section 2143
§ 2143. Actions which might have been joined
Status: in_force

If more than one action founded on a joint and several contract, or on different contracts between the same parties, are pending in a court at the same time, in its discretion, the court shall allow only such costs as are equitable between the parties.
12 V.S.A. § 5963 — VT Code / Title 12 / Chapter 213 / Section 5963
§ 5963. Writ and complaint-justice ejectment
Status: in_force

Writ and Complaint in Justice Ejectment

STATE OF VERMONT, To any sheriff or constable in

......................... County, ss. the State, or to .........................................

} an indifferent person,

Greeting:

By the authority of the State of Vermont, you are hereby commanded to attach the goods, chattels, or estate of ......................... of .............................. , in the county of .............................. to the value of ................................... dollars, and ......................... notify thereof according to law, (and for want thereof take his or her body, if to be found within your precinct, and him or her safely keep so that you have him or her to appear before me) (and ................................... also notify to appear before me) at .............................. , on the ........................................ day of ......................... at ............... o'clock in the ...................... noon, then and there to answer to the complaint of .............................. of .............................. , in the county of .............................. .

For that the said defendant, .............................. , is in the possession of certain lands (and tenements) situated in the town of ........................................ , in the county of ................................... , described as follows: (insert a brief description) which lands (and tenements) the said defendant holds unlawfully and against the right of the plaintiff, as it is said.

To the damage of the plaintiff ........................................ dollars, to recover which and the quiet and peaceable possession of the premises, with just costs, the plaintiff brings this action.

Fail not, but service and return make according to law.

(Conclude as in § 5903.)
12 V.S.A. § 557 — VT Code / Title 12 / Chapter 23 / Section 557
§ 557. Death of party
Status: in_force

(a) If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action may be commenced as provided by this chapter or dies within 30 days after the expiration of such times, the period of limitation as to such action shall cease to operate at the date of his or her death. After the issuance of letters testamentary or of administration, such action, if the cause of action survives, may be commenced by or against the executor or administrator within two years, and not after.

(b) If commissioners are appointed on such estate and the claim against the decedent is a claim proper for the consideration of the commissioners, the same shall be presented to the commissioners within the time allowed other creditors to present their claims. Such claim may be presented to the commissioners any time within 15 years after the date of such death, and not after, but such claim shall be presented in accordance with the provisions of 14 V.S.A. chapter 65.
12 V.S.A. § 3357 — VT Code / Title 12 / Chapter 123 / Section 3357
§ 3357. Sale of property subject to mortgage, pledge, or lien
Status: in_force

When the mortgagee, pledgee, or holder of a lien duly renders such account, whether or not the debt is due, the attaching creditor may cause the property to be sold subject to the mortgage, pledge, or lien, without first paying or tendering the amount due on the debt secured thereby.
12 V.S.A. § 1613 — VT Code / Title 12 / Chapter 61 / Section 1613
§ 1613. Lawyer-corporate client privilege
Status: in_force

Communications otherwise privileged under Rule 502 of the Vermont Rules of Evidence are privileged with respect to a corporation only if the representative client is a member of the control group of the corporation, acting in his or her official capacity. However, if the communications are with a representative client who is not a member of the control group, such communications are privileged only to the extent necessary to effectuate legal representation of the corporation. For purposes of this section, “control group” means:

(1) the officers and directors of a corporation; and

(2) those persons who:

(A) have the authority to control or substantially participate in a decision regarding action to be taken on the advice of a lawyer; or

(B) have the authority to obtain professional legal services or to act on advice rendered pursuant thereto, on behalf of the corporation.
12 V.S.A. § 3359 — VT Code / Title 12 / Chapter 123 / Section 3359
§ 3359. Property subject to conditional sales contract-Attachment and execution
Status: in_force

If property, in pursuance of the terms of a conditional sales contract, has passed into the possession of the vendee and the purchase money or part thereof remains unpaid, a creditor of the vendee may attach or levy his or her execution upon the property, and, upon payment or tender of such unpaid purchase money to the vendor, his or her agent or attorney, within 10 days after notice of the amount thereof remaining unpaid, may hold the property discharged from the claim of such vendor.
12 V.S.A. § 4990 — VT Code / Title 12 / Chapter 173 / Section 4990
§ 4990. Judgment on default; proof required
Status: in_force

When the grantee does not answer or appear and sufficient facts are proved on hearing, the court may adjudge the grant forfeited.
12 V.S.A. § 1702 — VT Code / Title 12 / Chapter 63 / Section 1702
§ 1702. Missing persons-finding of presumed death under Federal Missing Persons Act
Status: in_force

A written finding of presumed death, made by the officer or employee of the United States authorized to make such finding, pursuant to the Federal Missing Persons Act, as now or hereafter amended, or a duly certified copy of such finding, shall be received in any court, office, or other place in this State as evidence of the death of the person therein found to be dead, and of the date, circumstances, and place of his or her disappearance.
12 V.S.A. § 402 — VT Code / Title 12 / Chapter 21 / Section 402
§ 402. Superior Court actions, venue generally
Status: in_force

(a) An action before a Superior Court shall be brought in the unit in which one of the parties resides, if either resides in the State; otherwise, on motion, the complaint shall be dismissed. If neither party resides in the State, the action may be brought in any unit. Actions concerning real estate shall be brought in the unit in which the lands, or some part thereof, lie.

(b) An action brought by a domestic railroad corporation to the Superior Court may be brought either in the unit in which the corporation has its principal office for the transaction of business, or in the unit in which a defendant resides. An action or suit brought to the Superior Court, in which the corporation is defendant, may be brought in any unit in which a road owned or operated by the corporation is located.
12 V.S.A. § 3964 — VT Code / Title 12 / Chapter 143 / Section 3964
§ 3964. Return of statement as to custody and authority
Status: in_force

In cases other than those provided for in section 3962 of this title, the person who makes the return shall state therein, and, in the cases provided for in such section, the person in whose custody the prisoner is found shall state, in writing, to such court or magistrate, plainly and unequivocally, whether he or she has or has not the prisoner in his or her custody or power or under restraint. If he or she has him or her in his or her custody or power or under restraint, he or she shall set forth at large the authority and the true and whole cause of such imprisonment or restraint, with a copy of the writ, warrant, or other process, if any, upon which he or she is detained. If he or she has had him or her in his or her custody or power or under restraint and has transferred such custody or restraint to another, he or she shall state particularly to whom, at what time, for what cause and by what authority such transfer was made.
12 V.S.A. § 3956 — VT Code / Title 12 / Chapter 143 / Section 3956
§ 3956. Issue and return of writ
Status: in_force

Without delay, such court or magistrate shall award and issue a writ of habeas corpus, which shall be made returnable forthwith.
12 V.S.A. § 1908 — VT Code / Title 12 / Chapter 81 / Section 1908
§ 1908. Burden of proof
Status: in_force

For the purpose of this section, malpractice shall mean professional medical negligence comprised of the elements listed herein. In a malpractice action based on the negligence of the personnel of a hospital, a physician licensed under 26 V.S.A. chapter 23, a dentist licensed under 26 V.S.A. chapter 13, a podiatrist licensed under 26 V.S.A. chapter 7, a chiropractor licensed under 26 V.S.A. chapter 9, a nurse licensed under 26 V.S.A. chapter 27, or an osteopathic physician licensed under 26 V.S.A. chapter 33, the plaintiff shall have the burden of proving:

(1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised by a reasonably skillful, careful, and prudent health care professional engaged in a similar practice under the same or similar circumstances whether or not within the State of Vermont;

(2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and

(3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.
12 V.S.A. § 1646 — VT Code / Title 12 / Chapter 61 / Section 1646
§ 1646. Evidence of sexual conduct
Status: in_force

(a) In a civil action arising from alleged wrongful sexual activity and in professional licensing board administrative hearings where alleged wrongful sexual activity is an issue:

(1) Neither opinion evidence of, nor evidence of the reputation of the complaining witness' sexual conduct shall be admitted.

(2) Evidence shall be required as it is for all other civil actions.

(3) Evidence of prior sexual conduct of the complaining witness shall not be admitted; provided, however, where it bears on the credibility of the complaining witness or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:

(A) evidence of the complaining witness' past sexual conduct with the defendant;

(B) evidence of specific instances of the complaining witness' sexual conduct showing the source of origin of semen, pregnancy, or disease;

(C) evidence of specific instances of the complaining witness' past false allegations of wrongful sexual activity.

(b) In a civil action arising from alleged wrongful sexual activity, if a party proposes to offer evidence described in subdivision (a)(3) of this section, that party shall prior to the introduction of such evidence file written notice of intent to introduce that evidence, and the court shall order an in camera hearing to determine its admissibility. All objections to materiality, credibility, and probative value shall be stated on the record by the opposing party at the in camera hearing, and the court shall rule on the objections immediately, and prior to the taking of any other evidence.
12 V.S.A. § 2789 — VT Code / Title 12 / Chapter 111 / Section 2789
§ 2789. Adjournment; manner of sale
Status: in_force

For good cause, the officer may postpone such sale for a time not exceeding seven days, and so from time to time until it is completed, giving notice of such adjournment by public proclamation at the time and place appointed for the sale. Such real estate, or an undivided fractional part thereof sufficient to satisfy the execution with costs, shall be sold, and if, in the opinion of the officer, it is divisible, shall be sold in separate tracts and parcels.
12 V.S.A. § 123 — VT Code / Title 12 / Chapter 5 / Section 123
§ 123. Imprisonment for contempt
Status: in_force

(a) Imprisonment as punishment for contempt, or to enforce orders, sentences, or decrees in contempt proceedings, or upon execution issued in civil process shall be in a correctional facility maintained by or for the State.

(b) Any person imprisoned for contempt, in addition to any other legal rights and remedies available to him or her, shall be entitled to a review of the contempt proceedings annually. The Commissioner of Corrections shall provide timely notice for the review of the proceedings of any person so imprisoned to the sentencing court. The sentencing court shall conduct a hearing and issue its order within 60 days of receipt of notice from the Commissioner of Corrections.
12 V.S.A. § 3127 — VT Code / Title 12 / Chapter 121 / Section 3127
§ 3127. Reimbursement of creditor from proceeds of sale
Status: in_force

Personal property received by the officer under sections 3124-3126 of this title shall be sold as if it had been taken on execution in the common form, except that out of the proceeds of the sale the officer shall repay to the attaching creditor the amount paid by him or her to the trustee for keeping or redeeming the same, with interest thereon, or shall indemnify the creditor for such other act or thing as he or she has done pursuant to the order of the court for the redemption of such property.
12 V.S.A. § 3960 — VT Code / Title 12 / Chapter 143 / Section 3960
§ 3960. Designation of prisoner
Status: in_force

The prisoner to be produced shall be designated by his or her name, if known, and if that is unknown or uncertain, he or she may be otherwise described so as to make known who is intended.
12 V.S.A. § 3067 — VT Code / Title 12 / Chapter 121 / Section 3067
§ 3067. Trial of issues by jury or court
Status: in_force

Questions of fact arising upon such additional allegations may be tried by the court, or in the discretion of the court, may be submitted to a jury in such manner as the court directs, in cases where a commissioner has not been appointed.
12 V.S.A. § 2693 — VT Code / Title 12 / Chapter 111 / Section 2693
§ 2693. When costs not allowed
Status: in_force

When it appears that the estate was turned out to the officer by the creditor or taken without the consent of the debtor, the creditor shall not recover costs on the former execution or on the motion.
12 V.S.A. § 1692 — VT Code / Title 12 / Chapter 63 / Section 1692
§ 1692. Certified copies of public records admissible
Status: in_force

Unless otherwise provided, a certified or photographic copy of a record or document required by statute to be kept by a public official shall be competent evidence in a court in this State. Such official shall be a certifying officer for such purpose.
12 V.S.A. § 4447 — VT Code / Title 12 / Chapter 163 / Section 4447
§ 4447. Damages on final judgment
Status: in_force

When an injunction has been dissolved by a final judgment in favor of the enjoined party, he or she shall be entitled to recover his or her actual damages caused by the wrongful issuing of the injunction.
12 V.S.A. § 4251 — VT Code / Title 12 / Chapter 161 / Section 4251
§ 4251. Actions for accounting-jury
Status: in_force

The Superior Court shall have original jurisdiction in actions for an accounting other than accountings involved in the administration of trusts under Title 14A. When the defendant in such an action brought in one of the following ways pleads in defense an answer which, if true, makes him or her not liable to account, the issue thus raised may be tried to a jury:

(1) by one joint tenant, tenant in common, or coparcener, his or her administrator or executor against the other, his or her administrator or executor, as bailiff for receiving more than his or her just proportion of any estate or interest;

(2) by an administrator or executor against his or her coadministrator or coexecutor, who neglects to pay the debts and funeral charges of the intestate or testator, in proportion to the estate in his or her hands, and he or she may recover such proportion of such estate as is just;

(3) by an executor, being a residuary legatee, against the coexecutor to recover his or her equal and ratable part of the estate in the hands of such coexecutor;

(4) by a residuary legatee against the executor; or

(5) on book account.
12 V.S.A. § 3062 — VT Code / Title 12 / Chapter 121 / Section 3062
§ 3062. Default of trustee-Adjudgment as trustee
Status: in_force

When a person summoned as trustee does not serve his or her disclosure within such time as the Supreme Court may by rule provide, he or she shall be defaulted and adjudged a trustee.
12 V.S.A. § 4953 — VT Code / Title 12 / Chapter 172 / Section 4953
§ 4953. Conduct and location of sale
Status: in_force

(a) Location. The sale shall be held at the mortgaged property unless another place for sale is directed by the court. At the sale, the mortgaged property shall be sold to the highest bidder in conformance with the terms of sale set forth in the notice of sale.

(b) Adjournments. The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Notice of the new sale date shall also be sent by first class mail, postage prepaid, to the mortgagor at the mortgagor's last known address at least five days before the new sale date. The public sale may be adjourned for a period of time in excess of 30 days by agreement of the mortgagor and mortgagee or by order of the court.

(c) Permitted bidders. Any person may bid at the sale. All bidders, except for the mortgagee plaintiff or designee, shall meet the requirements set forth in the notice of sale in order to bid at the sale.
12 V.S.A. § 1043 — VT Code / Title 12 / Chapter 27 / Section 1043
§ 1043. Nonconsensual removal of or tampering with a condom
Status: in_force

(a) No person shall intentionally and without consent remove or tamper with a condom prior to or during a sexual act in a manner likely to render it ineffective for its common purpose when consent to the sexual act is given by the other person with the explicit understanding that a condom would be used.

(b) A person harmed by a violation of subsection (a) of this section may bring an action in the Civil Division of the Superior Court for compensatory damages, punitive damages, and reasonable costs and attorney's fees.

(c) An action under subsection (b) of this section shall be subject to the statute of limitations in section 511 of this title.
12 V.S.A. § 5721 — VT Code / Title 12 / Chapter 194 / Section 5721
§ 5721. Relation to Electronic Signature in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (Act), 15 U.S.C. § 7001(c), except that nothing in this chapter modifies, limits, or supersedes Section 101(c) of the Act nor authorizes electronic delivery of any of the notices described in Section 103(b) of the Act.
12 V.S.A. § 1705 — VT Code / Title 12 / Chapter 63 / Section 1705
§ 1705. HIV-related testing information
Status: in_force

(a) No court of this State shall issue an order requiring the disclosure of individually-identifiable HIV-related testing or counseling information unless the court finds that the person seeking the information has demonstrated a compelling need for it that cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy interest of the test subject and the public interest which may be disserved by disclosure which deters future testing or which may lead to discrimination.

(b) Pleadings pertaining to disclosure of HIV-related testing and counseling information shall substitute a pseudonym for the true name of the subject of the test. The subject's true name shall be communicated confidentially to the court and those parties who have a compelling need to know the subject's true name. All documents filed with the court which identify the subject's true name shall not be disclosed to any person other than those parties who have a compelling need to know the subject's true name and the subject of the test. All such documents shall be sealed upon the conclusion of proceedings under this section.

(c) Before granting any such order, the court shall provide the individual whose test information is in question with notice and a reasonable opportunity to participate in the proceedings if he or she is not already a party.

(d) Court proceedings as to disclosure of counseling and testing information shall be conducted in camera unless the subject of the test agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice.

(e) Upon issuance of an order to disclose test results, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure.
12 V.S.A. § 1691 — VT Code / Title 12 / Chapter 63 / Section 1691
§ 1691. Production of books and papers; subpoena duces tecum
Status: in_force

(a) In the trial of actions at law, and on motion and due notice, Supreme and Superior Courts may require the parties to produce any books or writings in their possession or power which contain evidence pertinent to the issue or relative to the action, and if the party fails to comply with the order, the court may render judgment against such party by nonsuit or default.

(b) When an action is pending in court against a person as cashier, director, or other officer of a bank, for a violation of the provisions of the general banking laws of this State or on a bond for the performance of his or her duties as cashier, director, or other officer of a bank, such court may compel the production of the books, papers, and records of the bank, upon trial, by service of a subpoena duces tecum on the officers of the bank having the same in charge.
12 V.S.A. § 4854a — VT Code / Title 12 / Chapter 169 / Section 4854a
§ 4854a. Property of tenant remaining on premises after eviction
Status: in_force

(a) A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property:

(1) 15 days after a writ of possession is served pursuant to this chapter or upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this chapter, whichever is later; or

(2) in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 40 days after a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased premises by a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title, whichever is later.

(b) Notwithstanding subsection (a) of this section, if the court stays the execution of a writ of possession issued pursuant to this chapter, then a landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property one day after the landlord is legally restored to possession of the dwelling unit or leased premises.
12 V.S.A. § 1248 — VT Code / Title 12 / Chapter 29 / Section 1248
§ 1248. Depositions to be used outside State; commissioners of other states; law governing
Status: in_force

A person who is appointed or commissioned by the governor or a court of record of another state to take depositions in this State to be used in the other state shall have the same power to take depositions as the Supreme Court may by rule provide for an officer or other person authorized to take depositions for use within the State.
12 V.S.A. § 5911 — VT Code / Title 12 / Chapter 213 / Section 5911
§ 5911. Forcible entry and detainer verdict
Status: in_force

Verdict in Entry and Detainer

STATE OF VERMONT, At a court of inquiry held at

......................... County, ss. ......................... , on the

} ............ day of .................... A. D.

20 .......... , before E. F. and G. H., Justices of the peace in and for the county of ...................................... , aforesaid.

A. B. of ....................................................... , complainant, against C. D. of .......................................... , respondent.

The jury find that the facts alleged in the said A. B.'s complaint are true, and that the said C. D. is guilty thereof, and that the said A. B. ought to have restitution of the premises therein described, without delay. (If the jury do not find the allegations of the complainant proved, then after the word respondent insert) (the jury find that the facts alleged in the said A. B.'s complaint are not true, and that the said C. D. is not guilty.)

N. W., Foreman.
12 V.S.A. § 4671 — VT Code / Title 12 / Chapter 165 / Section 4671
§ 4671. Justice may take confession of judgment
Status: in_force

A justice may accept and record a confession of a debt to a creditor made by a debtor personally, either with or without antecedent process, as the parties shall agree, and render judgment on such confession; but such judgment shall not be rendered except upon a specification in writing filed with such justice, setting forth the claim upon which the judgment is rendered.
12 V.S.A. § 4982 — VT Code / Title 12 / Chapter 173 / Section 4982
§ 4982. Grantee defined
Status: in_force

The word “grantee” as used in this chapter shall mean the person to whom such land, rights, or privileges were granted, and the representatives or assigns of such persons, or the corporation thus created.
12 V.S.A. § 2553 — VT Code / Title 12 / Chapter 107 / Section 2553
§ 2553. Appeals to Civil Division; appellate jurisdiction
Status: in_force

The Civil Division of the Superior Court shall have appellate jurisdiction of matters originally within the jurisdiction of the Probate Division of the Superior Court, except as herein otherwise provided.
12 V.S.A. § 5812 — VT Code / Title 12 / Chapter 211 / Section 5812
§ 5812. Oath to be administered to attorneys
Status: in_force

You solemnly swear (affirm) that you will do no falsehood, nor consent that any be done in court, and if you know of any, you will give knowledge thereof to the judges of the court or some of them, that it may be reformed; that you will not wittingly, willingly, or knowingly promote, sue, or procure to be sued, any false or unlawful suit, or give aid or consent to the same; that you will delay no person for lucre or malice, but will act in the office of attorney within the court, according to your best learning and discretion, with all good fidelity as well to the court as to your client. So help you God (or, “under the pains and penalties of perjury”).
12 V.S.A. § 7155 — VT Code / Title 12 / Chapter 217 / Section 7155
§ 7155. Findings; order of emancipation
Status: in_force

(a) After completion of the hearing and consideration of the record, the court shall make findings and issue its order. If the court finds that the minor meets the criteria in subsection 7151(b) of this chapter and that emancipation would be in the best interests of the minor, the court shall forthwith issue an order of emancipation.

(b) At the time of the hearing under this section, the court shall consider the best interests of the minor in accordance with the following criteria:

(1) emancipation will not create a risk of harm to the minor;

(2) the likelihood the minor will be able to assume adult responsibilities;

(3) the minor's adjustment to living separate and apart from his or her parents, guardian, or custodian; and

(4) the opinion and recommendations of the minor's parents, guardian, or custodian.

(c) In ascertaining the best interests of the minor under this section, the court shall consider the appointment of a guardian ad litem.

(d) Any order of guardianship or custody shall be vacated before the court may issue an order of emancipation. Other orders of any division of the Superior Court may be vacated, modified, or continued in this proceeding if such action is necessary to effectuate the order of emancipation. Child support orders relating to the support of the minor shall be vacated, except for the duty to make past-due payments for child support, which, under all circumstances, shall remain enforceable.

(e) The court may require an emancipated minor to report periodically to the court or to another person specified by the court, regarding the minor's compliance with the provisions of subsection 7151(b) of this title. Failure to report as required may result in the emancipation order being vacated upon notice to the parties.

(f) An order of emancipation shall be conclusive evidence that the minor is emancipated.
12 V.S.A. § 1662 — VT Code / Title 12 / Chapter 61 / Section 1662
§ 1662. Self incrimination-generally
Status: in_force

The provisions of sections 1601-1609 and 1642 of this title shall not compel a person to subject himself or herself by his or her testimony to a prosecution for a criminal offense.
12 V.S.A. § 5338 — VT Code / Title 12 / Chapter 183 / Section 5338
§ 5338. When judgment for plaintiff is given
Status: in_force

When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs.
12 V.S.A. § 5169 — VT Code / Title 12 / Chapter 179 / Section 5169
§ 5169. Judgment for plaintiff; commissioners; waiver
Status: in_force

(a) When the issue is determined in favor of the plaintiff, or if the person interested defaults, the court shall render judgment that partition be made and appoint three disinterested residents of the county as commissioners. The commissioners shall make partition of the estate and set off each share of the several persons interested, according to their respective titles, and shall award to the plaintiff reasonable costs against the adverse party.

(b) Notwithstanding subsection (a) of this section, the parties may, with the approval of the court, waive the use of commissioners and have all matters decided by the court at a bench trial.
12 V.S.A. § 694 — VT Code / Title 12 / Chapter 25 / Section 694
§ 694. Disqualifications
Status: in_force

(a) An officer shall not serve a writ drawn on a note originally payable to himself or herself and sued in the name of an indorsee, nor where he or she, or a private corporation of which he or she is a member, is a party or interested.

(b) Such officer shall not be disqualified from serving process for or against a town or county by reason of being a taxpayer therein nor for or against a railroad corporation by reason of being a taxpayer in a town owning stock in such corporation, nor for or against a savings bank or savings institution by reason of being a corporator or officer thereof.
12 V.S.A. § 5162 — VT Code / Title 12 / Chapter 179 / Section 5162
§ 5162. Partition of a spring
Status: in_force

There may be partition of real estate containing a spring, and of the right to use the water of such spring, in the same manner as other real estate. The commissioners shall equitably apportion the use of such water and the manner of its use.
12 V.S.A. § 3021 — VT Code / Title 12 / Chapter 121 / Section 3021
§ 3021. Debts reduced by sums owing defendant's workmen
Status: in_force

In all cases where a principal defendant is indebted to other persons for work done in the performance of a contract out of which the trustee's indebtedness arises, there shall be exempt from the trustee process, on an action brought for the recovery of debts not incurred as above stated, such sum or sums as may be due from the principal defendant to such other persons for work done in the prosecution of such contract. The principal defendant shall cause to be summoned as claimants before the court in which an action so brought is pending, all such other persons to whom he or she is indebted for work so done.
12 V.S.A. § 3019 — VT Code / Title 12 / Chapter 121 / Section 3019
§ 3019. Debts contingent; judgment subject to execution
Status: in_force

A person shall not be adjudged a trustee by reason of any money or other thing due from him or her to the principal defendant, unless it is due absolutely and without contingency at the time of the service of the writ upon him or her, or by reason of a debt due from him on a judgment, so long as he or she is liable to an execution on the judgment.
12 V.S.A. § 502 — VT Code / Title 12 / Chapter 23 / Section 502
§ 502. Entry into houses or lands
Status: in_force

A person having right or title of entry into houses or lands shall not enter after 15 years from the time such right of entry accrues.
12 V.S.A. § 2358 — VT Code / Title 12 / Chapter 101 / Section 2358
§ 2358. Service of petition; time limitation
Status: in_force

The petition shall be filed and served on the adverse party like a summons and complaint. The adverse party shall file and serve an answer. The petition shall not be sustained unless it is preferred within two years after the alleged fraud, accident, or mistake happened, provided that the petition shall be brought before the estate is fully settled in the Probate Division of the Superior Court.
12 V.S.A. § 5606 — VT Code / Title 12 / Chapter 189 / Section 5606
§ 5606. Indemnification of employees
Status: in_force

(a) In any action defended by the Attorney General or the Attorney General's designee in which a judgment is rendered against an employee of the State for acts or omissions within the scope of his or her employment, or a settlement requires payment by such a person, and the right of action is based upon 42 U.S.C. § 1983, or under a similar federal statute where State law is incapable of establishing employee immunity, the State shall indemnify the employee for the amount of the employee's liability.

(b) The maximum liability of the State under this section shall be $500,000.00 to any one person and the maximum aggregate liability shall be $2,000,000.00 to all persons arising out of each occurrence.

(c) Notwithstanding subsection (a) of this section, no indemnification shall be paid:

(1) for a judgment or settlement which results from gross negligence or willful misconduct; or

(2) for a settlement not approved by the Attorney General or the Attorney General's designee; or

(3) if the employee did not ensure that the Attorney General had timely notice of the action or the employee did not cooperate in the defense of the action.

(d) Upon certification by the Attorney General to the Commissioner of Finance and Management that an employee is eligible for indemnification under this section, the Commissioner shall issue a warrant for payment against funds available to the employee's department or agency. If the Attorney General believes there is reasonable doubt about whether the officer or employee is eligible for indemnification, the Attorney General shall refer the matter to the Labor Relations Board which may decide the matter. The decision of the Board shall not be subject to appeal.
12 V.S.A. § 5532 — VT Code / Title 12 / Chapter 187 / Section 5532
§ 5532. Pleadings; fees
Status: in_force

Procedure in the Superior Court shall be instituted without writ or pleading other than a concise statement on a form provided by the clerk who shall file the complaint in a docket kept for that purpose.
12 V.S.A. § 4912 — VT Code / Title 12 / Chapter 171 / Section 4912
§ 4912. Trial of forcible entry and detainer
Status: in_force

A district judge may inquire by a jury against those who make unlawful and forcible entry into lands, tenements, or other possessions and with strong hand detain the same, and against those who, having made a lawful and peaceable entry into lands and tenements, unlawfully and by force hold the same.
12 V.S.A. § 3352 — VT Code / Title 12 / Chapter 123 / Section 3352
§ 3352. Statement of secured debt
Status: in_force

The officer making such attachment or taking such property on execution may make a written demand of the mortgagee, pledgee, or the holder of such lien, for an account in writing, under oath, of the amount due upon the debt secured by such mortgage, pledge, or lien, and may retain such property in his or her custody until the same is given without tender or payment. Upon receiving such demand, the account shall be rendered within 15 days by a resident of the State and within 30 days by a nonresident. If the account is not rendered within the time aforesaid or if a false account is rendered, such property may be holden and sold, discharged from such mortgage, pledge, or lien.
12 V.S.A. § 3291 — VT Code / Title 12 / Chapter 123 / Section 3291
§ 3291. Service of copies of attachment
Status: in_force

When real estate is attached, in addition to serving the party whose estate is attached, the officer shall leave a true and attested copy of the attachment, with a description of the estate so attached, in the office where by law a deed of that estate is required to be recorded.
12 V.S.A. § 2567 — VT Code / Title 12 / Chapter 107 / Section 2567
§ 2567. Costs on appeal
Status: in_force

If costs are taxed against an executor or administrator on appeal to the Supreme or Superior Court, they shall be allowed to him or her in his or her administration account.
12 V.S.A. § 3362 — VT Code / Title 12 / Chapter 123 / Section 3362
§ 3362. Mortgagee taking possession; foreclosure of mortgage, pledge, or lien
Status: in_force

Sections 3351-3361 of this title shall not be construed so as to prevent or delay a mortgagee or a conditional vendor from taking possession of the secured property at any time for its necessary care and preservation, nor to prevent or delay the due foreclosure of a mortgage, pledge, or lien under the provisions of 9A V.S.A. Article 9.
12 V.S.A. § 463 — VT Code / Title 12 / Chapter 23 / Section 463
§ 463. Counterclaims and cross-claims
Status: in_force

A cross-claim or counterclaim shall not be brought if an independent action upon the same claim would have been barred under the provisions of this chapter at the time of commencement of the plaintiff's action, except that a counterclaim arising out of the transaction or occurrence that is the subject matter of plaintiff's claim shall be allowed, to the extent of plaintiff's demand, at any time.
12 V.S.A. § 514 — VT Code / Title 12 / Chapter 23 / Section 514
§ 514. Insufficiency of bridge
Status: in_force

An action against a town for the recovery of damages caused by the insufficiency or want of repair of a bridge or culvert shall be commenced within two years after the cause of action accrues, and not after.
12 V.S.A. § 5331 — VT Code / Title 12 / Chapter 183 / Section 5331
§ 5331. For what and where maintainable
Status: in_force

A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances:

(1) When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the possession thereof.

(2) When goods or chattels which are attached on mesne process or taken in execution are claimed by a person other than the defendant in the action or debtor in the execution.

(3) When goods are attached or taken in execution and are claimed by the defendant in the action or debtor in the execution as exempt from attachment and levy.
12 V.S.A. § 3409 — VT Code / Title 12 / Chapter 123 / Section 3409
§ 3409. Officer's return
Status: in_force

When an officer sells property as provided in section 3408 of this title, he or she shall forthwith make return of his or her doings and sale to the clerk of the court or to the magistrate before whom the cause is pending. Such return shall be appended to and made part of the officer's return on the original process.
12 V.S.A. § 3365 — VT Code / Title 12 / Chapter 123 / Section 3365
§ 3365. Sale of reversionary interest
Status: in_force

The reversionary interest in the property may be sold at public sale, as personal property is required to be sold upon legal process, subject to the contract rights under which it is held.
12 V.S.A. § 4981 — VT Code / Title 12 / Chapter 173 / Section 4981
§ 4981. Grant defined; acts of incorporation
Status: in_force

The word “grant” as used in this chapter shall mean grants or charters of lands lying in this State, made by the king of Great Britain, or by this State or any other government; acts of the General Assembly granting to individuals rights or privileges not common to all the citizens of the State; and acts of incorporation for any purpose.
12 V.S.A. § 3088 — VT Code / Title 12 / Chapter 121 / Section 3088
§ 3088. Plaintiff's costs not to exceed damages
Status: in_force

The plaintiff in a trustee process shall not recover a greater sum for costs, including costs allowed to the trustee, than the amount of damages recovered.
12 V.S.A. § 4256 — VT Code / Title 12 / Chapter 161 / Section 4256
§ 4256. Hearing by auditors; report; judgment
Status: in_force

Such auditors shall hear, examine, and adjust all the accounts existing between the parties of a similar nature and in the same right, to the time of hearing, and report the same within 30 days after hearing before them is finished. Unless cause to the contrary is shown, the report shall be accepted by the court as conclusive of the facts in issue submitted and judgment rendered thereon for the sum found in arrears from either party with costs.
12 V.S.A. § 5791 — VT Code / Title 12 / Chapter 203 / Section 5791
§ 5791. Purpose
Status: in_force

The purpose of this chapter is to encourage owners to make their land and water available to the public for no consideration for recreational uses by clearly establishing a rule that an owner shall have no greater duty of care to a person who, without consideration, enters or goes upon the owner's land for a recreational use than the owner would have to a trespasser.
12 V.S.A. § 5133 — VT Code / Title 12 / Chapter 178 / Section 5133
§ 5133. Requests for an order against stalking or sexual assault
Status: in_force

(a) A person, other than a family or household member as defined in 15 V.S.A. § 1101(2), may seek an order against stalking or sexual assault on behalf of himself or herself or his or her children by filing a complaint under this chapter. A minor 16 years of age or older may file a complaint under this chapter seeking relief on his or her own behalf. The plaintiff shall submit an affidavit in support of the order.

(b) Except as provided in section 5134 of this title, the court shall grant the order only after notice to the defendant and a hearing. The plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant stalked or sexually assaulted the plaintiff.

(c) In a hearing under this chapter, neither opinion evidence of nor evidence of the reputation of the plaintiff's sexual conduct shall be admitted. Evidence of prior sexual conduct of the plaintiff shall not be admitted; provided, however, where it bears on the credibility of the plaintiff or it is material to a fact at issue and its probative value outweighs its private character, the court may admit any of the following:

(1) evidence of the plaintiff's past sexual conduct with the defendant;

(2) evidence of specific instances of the plaintiff's sexual conduct showing the source of origin of semen, pregnancy, or disease; or

(3) evidence of specific instances of the plaintiff's past false allegations of violations of 13 V.S.A. chapter 59 or 72.

(d) If the court finds by a preponderance of evidence that the defendant has stalked or sexually assaulted the plaintiff, or has been convicted of stalking or sexually assaulting the plaintiff, the court shall order the defendant to stay away from the plaintiff or the plaintiff's children, or both, and may make any other order it deems necessary to protect the plaintiff or the plaintiff's children, or both.

(e) Relief shall be granted for a fixed period, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff or the plaintiff's children, or both. It is not necessary for the court to find that the defendant stalked or sexually assaulted the plaintiff during the pendency of the order to extend the terms of the order. The court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstance.

(f) No filing fee shall be required.

(g) Every order under this chapter shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order and shall be signed by the judge.

(h) Form complaints and form orders for an “Order Against Stalking or Sexual Assault” shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.

(i) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.

(j) Every final order issued under this section shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”

(k) Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”

(l) A finding by the court pursuant to this chapter that the defendant stalked or sexually assaulted the plaintiff shall not be admissible in any subsequent civil proceedings for the purpose of establishing liability.
12 V.S.A. § 4716 — VT Code / Title 12 / Chapter 167 / Section 4716
§ 4716. Refusal to enter judgment; discretion of court
Status: in_force

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
12 V.S.A. § 3975 — VT Code / Title 12 / Chapter 143 / Section 3975
§ 3975. Custody pending judgment
Status: in_force

Until the judgment is given, such court or magistrate may remand the prisoner, admit him or her to bail to appear from day to day, commit him or her to the custody of the sheriff of the county, or place him or her under such other care and custody as the circumstances of the case require.
12 V.S.A. § 3293 — VT Code / Title 12 / Chapter 123 / Section 3293
§ 3293. Discharge of attachment lien
Status: repealed

(a) When an attachment or sequestration of real estate is made in an action at law, such real estate shall be discharged from such attachment lien and the party in whose favor the attachment or sequestration is made, his or her legal representative or attorney of record in the action shall discharge such attachment upon the record of attachment in the town clerk's office, under any one of the following conditions:

(1) when the action is discontinued or the demand on which it is founded is satisfied;

(2) when the original writ or process is not returned to the court issuing the same within the time designated by such writ or process;

(3) when final judgment is entered in such cause and the docket entries or court records of proceedings in such cause do not show that execution was issued therein within the time the attached property is held to respond to the judgment rendered thereon;

(4) when execution has issued in such cause and returned with officer's return thereon that the execution is satisfied; or

(5) if such execution is not returned to the court issuing the same within two years from the date of issue as determined by the docket entries or court records, provided that service is not stayed by order or decree of any court or by operation of law.

(b) If such attachment or sequestration is not discharged of record as above provided, any person having any title in or lien on such property may obtain from the court to which the original writ or process was made returnable, a certificate stating therein the fulfillment of any one of the conditions set forth above, and may file such certificate in the town or city clerk's office in the town or city where such attachment was made. Such clerk shall thereupon discharge such attachment as follows:

“Discharged by the town (city) clerk per court's certificate on file.”

(c) [Repealed.]

(d) A clerk discharging an attachment as herein authorized shall receive a fee of $4.00.
12 V.S.A. § 4948 — VT Code / Title 12 / Chapter 172 / Section 4948
§ 4948. Reinstatement of mortgage prior to sale
Status: in_force

(a) Upon agreement of the mortgagor and mortgagee, the mortgagor may reinstate or modify the loan after the expiration of the redemption period set forth in the judgment order but before the public sale. Upon reinstatement or modification of the loan, the mortgagee shall execute a waiver of foreclosure and, after receiving court approval, record it in the land records of the city or town where the mortgaged property lies. Upon recording, the waiver of foreclosure shall operate to terminate the foreclosure and restore the parties and all junior lienholders to the positions they held prior to the filing of the foreclosure, as amended by any modification agreement between the mortgagor and mortgagee.

(b) The following form of waiver of foreclosure may be used. Nothing herein shall be construed to prevent the use of other forms or to prevent alteration of the form as circumstances require:

WAIVER OF FORECLOSURE

MORTGAGEE, holder of record of a mortgage deed dated ____ , 20__ and of record in Book ____ at Page ____ of the City/Town of ______ Land Records (“the Mortgage”) executed and delivered to it by MORTGAGOR(S) covering real estate located in the Town of ______ , Vermont hereby acknowledges and agrees:

1. For the breach of the condition of the Mortgage, MORTGAGEE initiated a foreclosure action against MORTGAGOR by Complaint for Foreclosure dated ______ , 20__ which is of record in Book ____ at Page ____ of the Town of _____ Land Records.

2. That MORTGAGOR(S) has/have now cured the default and requested reinstatement of the Mortgage and the MORTGAGEE agrees to reinstate the mortgage, as amended by any modification agreement between the mortgagor and mortgagee.

NOW THEREFORE, MORTGAGEE does hereby acknowledge that it has received payment of the arrearages due it under the Mortgage and the promissory note which it secures, and in consideration thereof, does hereby waive the above-entitled foreclosure action and release unto said MORTGAGOR, his/her/its heirs, personal representatives, successors, and assigns, all claims asserted in the foreclosure action. THE MORTGAGE IS NOT DISCHARGED.

This waiver is given pursuant to 12 V.S.A. § 4948. This waiver shall have no effect on the Mortgage referenced above other than to reinstate the same, as amended by any agreement between the mortgagor and mortgagee, and the rights of all parties named in the foreclosure action, as well as the rights of any junior lienholders, remain intact, except as amended by any agreement between the mortgagor and mortgagee, as if no foreclosure had been commenced.

IN WITNESS WHEREOF, the said MORTGAGEE has caused this instrument to be executed by its duly authorized agent this ____ day of ______ , 20__ .

MORTGAGEE

By: __________

Its Duly Authorized Agent

Printed Name: ________

State of _____

County of ______

At ______ in said County and State, then personally appeared the above-named duly authorized agent who acknowledged the foregoing waiver of foreclosure to be his/her free act and deed and the free act and deed of the MORTGAGEE.

Before me, ______

Printed Name:________

Notary Public

My Commission expiration ______

_________________________________________

The request for waiver of foreclosure is SO ORDERED this ____ day of ______ , 20__ .

_________________________________________

Superior Court Judge
12 V.S.A. § 1664 — VT Code / Title 12 / Chapter 61 / Section 1664
§ 1664. Immunity of witnesses
Status: in_force

(a) Whenever a witness refuses, on the basis of his or her privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court or grand jury of the State of Vermont, and the presiding judge communicates to the witness an order issued under subsection (b) of this section, the witness may not refuse to comply with the order on the basis of his or her privilege against self-incrimination; but no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used for any purpose, including impeachment and cross-examination, against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. The State shall have the burden of proving beyond a reasonable doubt that any proffered evidence was derived from sources totally independent of the compelled testimony. If the witness is subsequently charged with an offense, other than perjury, the court may order the return of all copies of his or her compelled testimony. Nothing in this section shall preclude the Attorney General or a State's Attorney from entering into an agreement with a witness, or from requesting an order from the presiding judge under subsection (b) of this section, under which the witness shall not be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence and no testimony given or procured pursuant to such agreement shall be received against him or her in any criminal investigation, proceeding, or trial, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with a court order.

(b) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court or grand jury of the State of Vermont, the presiding judge may issue in accordance with subsection (c) of this section, upon the request of the Attorney General or a State's Attorney, an order requiring such individual to give testimony or provide other information which he or she refuses to give or provide on the basis of his or her privilege against self-incrimination, such order to become effective as provided in subsection (a) of this section.

(c) The Attorney General or a State's Attorney may request an order under subsection (a) of this section when in his or her judgment:

(1) the testimony or other information from such individual may be necessary to the public interest; and

(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his or her privilege against self-incrimination. (1971, No. 199 (Adj. Sess.), § 17, eff. July 1, 1972; 1973, No. 109, § 1, eff. July 1, 1973; 1981, No. 223 (Adj. Sess.), § 22.)
12 V.S.A. § 5715 — VT Code / Title 12 / Chapter 194 / Section 5715
§ 5715. Privilege against disclosure; admissibility; discovery
Status: in_force

(a) A mediation communication is privileged and is not subject to discovery or admissible in evidence in a proceeding.

(b) In a proceeding, the following privileges apply:

(1) A party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.

(2) A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator.

(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.

(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
12 V.S.A. § 7153 — VT Code / Title 12 / Chapter 217 / Section 7153
§ 7153. Petition; contents
Status: in_force

(a) A minor may petition the Probate Division of the Superior Court in the probate district in which the minor resides at the time of the filing for an order of emancipation. The petition shall state:

(1) the minor's name and date of birth;

(2) the minor's address;

(3) the names and addresses, if known, of the minor's parents;

(4) the names and addresses of any guardians or custodians, including the Commissioner for Children and Families, appointed for the minor, if appropriate;

(5) specific facts in support of the emancipation criteria in subsection 7151(b) of this chapter; and

(6) specific facts as to the reasons why emancipation is sought.

(b) A minor may not file a petition under subsection (a) of this section unless the minor has lived in Vermont for three months or longer.
12 V.S.A. § 2732 — VT Code / Title 12 / Chapter 111 / Section 2732
§ 2732. Goods, effects, and credits held by third person
Status: in_force

On request of the judgment creditor, the clerk of the court granting judgment shall issue to the officer holding the execution a summons as trustee to a third person having in his or her hands goods, effects, or credits, other than earnings, of the debtor that have not previously been attached on trustee process in connection with the action. The summons shall be in such form as the Supreme Court may by rule provide for a summons to a trustee in connection with the commencement of an action and shall state the date and amount of the judgment. The summons shall be served by the officer upon the trustee in like manner and with the same effect as mesne process. A copy of the summons shall be served upon the judgment debtor with the officer's endorsement thereon of the date of service upon the trustee. After service of the summons, proceedings shall be had as provided by law and by rule promulgated by the Supreme Court for trustee process in connection with the commencement of an action.
12 V.S.A. § 891 — VT Code / Title 12 / Chapter 25 / Section 891
§ 891. Commissioner of Motor Vehicles as process agent
Status: in_force

The acceptance by a person of the rights and privileges conferred upon him or her by Titles 19 and 23, as evidenced by his or her operating, or causing to be operated, a motor vehicle in this State shall be deemed equivalent to an appointment by such person of the Commissioner of Motor Vehicles, or his or her successor in office, to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against such person or his or her estate if he or she is deceased at the time when the suit is brought, growing out of any accident or collision in which such person may be involved while operating or causing to be operated a motor vehicle in this State. Such acceptance shall be deemed to be the agreement of such person that any process against him or her which is so served upon the Commissioner shall be of the same legal force and validity as if served on the person personally.
12 V.S.A. § 3410 — VT Code / Title 12 / Chapter 123 / Section 3410
§ 3410. Deposit or investment of proceeds
Status: in_force

When property is sold on mesne process returnable to the Superior Court under this subchapter, upon application of either party, the money realized from the sales shall be paid into court, and the clerk thereof shall invest or deposit such money during the pendency of the cause, as the court directs. When the officer has paid the money into court, he or she shall not be responsible to either party therefor.
12 V.S.A. § 5720 — VT Code / Title 12 / Chapter 194 / Section 5720
§ 5720. Confidentiality
Status: in_force

Unless subject to 1 V.S.A. chapter 5, subchapter 2 or 3, mediation communications are confidential to the extent agreed to by the parties or provided by law.
12 V.S.A. § 2795 — VT Code / Title 12 / Chapter 111 / Section 2795
§ 2795. When encumbered by mortgage
Status: in_force

When a right of redemption in mortgaged lands is taken and sold on execution, the officer shall ascertain and state at the time of sale the value of the encumbrance, or the amount of the mortgage debt, when it can be ascertained, and state the same in his or her return on the execution.
12 V.S.A. § 3151 — VT Code / Title 12 / Chapter 121 / Section 3151
§ 3151. Trustee may file bond and sell property
Status: in_force

When such action is pending in the Supreme or Superior Court, the trustee may sell the property, and the purchaser shall hold the same released from the mortgage and attachment, if such trustee files with the clerk of the court:

(1) a bond to the plaintiff in a sum equal to the amount for which attachment is directed in the writ, with sufficient sureties, approved by such clerk or judge, conditioned that such trustee will pay the judgment rendered against him or her in the action; and

(2) a bond to the defendant in a penal sum double the amount of the mortgage debt, with sureties approved as aforesaid, conditioned that he or she will pay the balance due upon the mortgage after paying such judgment and that, if discharged as trustee, he or she will pay the amount secured by the mortgage.
12 V.S.A. § 5137 — VT Code / Title 12 / Chapter 178 / Section 5137
§ 5137. Filing orders with law enforcement personnel; Department of Public Safety protection order database
Status: in_force

(a) Police departments, sheriff's departments, and State Police district offices shall establish procedures for filing notice against stalking or sexual assault orders issued under this chapter and for making their personnel aware of the existence and contents of such orders.

(b) Any court in this State that issues a notice against a stalking or sexual assault order under this chapter shall transmit a copy of the order to the Department of Public Safety's protection order database.
12 V.S.A. § 4854 — VT Code / Title 12 / Chapter 169 / Section 4854
§ 4854. Judgment for plaintiff; writ of possession
Status: in_force

If the court finds that the plaintiff is entitled to possession of the premises, the plaintiff shall have judgment for possession and rents due, damages, and costs, and when a written rental agreement so provides, the court may award reasonable attorney's fees. A writ of possession shall issue on the date judgment is entered, unless the court for good cause orders a stay. The writ shall direct any sheriff to serve the writ upon the defendant and, not earlier than 14 days after the writ is served, to put the plaintiff into possession.
12 V.S.A. § 4947 — VT Code / Title 12 / Chapter 172 / Section 4947
§ 4947. Foreclosure of equity of redemption; recording
Status: in_force

(a) In an action for foreclosure under this subchapter where the time of redemption has expired, the party obtaining the foreclosure shall cause a certified copy of the judgment and the certificate of nonredemption to be recorded in the office where by law a deed of the lands is required to be recorded.

(b) If the plaintiff complies with subsection (a) of this section, the expiration of the right of redemption under the decree shall foreclose the interest of subsequent purchasers, mortgagees, or attaching creditors whose interest in the property being foreclosed first arose after the filing of the complaint for foreclosure in the land records as provided in section 4932 of this chapter.
12 V.S.A. § 5537 — VT Code / Title 12 / Chapter 187 / Section 5537
§ 5537. Payment of judgments
Status: repealed

(a) On request of a judgment creditor whose judgment under this chapter has remained unsatisfied for 30 days, the court shall order the judgment debtor to appear before it and to disclose information relating to his or her ability to pay the judgment in full.

(b) Following disclosure under subsection (a) of this section, the court after hearing may order the judgment debtor to make such payments as the court, in its discretion, deems appropriate. Failure to make such payments may be considered civil contempt of court.

(c) [Repealed.]
12 V.S.A. § 5170 — VT Code / Title 12 / Chapter 179 / Section 5170
§ 5170. When defendant prevails in whole or in part
Status: in_force

When, on trial, it is determined that the plaintiff has no right or share in the estate claimed, or that he or she holds a smaller share than alleged in his or her complaint, the adverse party shall recover against him or her reasonable costs. If the plaintiff holds a smaller share than claimed in his or her complaint, the judgment shall be that partition of the estate be made according to the title of the respective owners.
12 V.S.A. § 4255 — VT Code / Title 12 / Chapter 161 / Section 4255
§ 4255. Hearing by court; auditors
Status: in_force

When judgment to account is rendered, the court may hear, examine, and adjust the accounts between the parties or may appoint one or more auditors for such purpose.
12 V.S.A. § 4952 — VT Code / Title 12 / Chapter 172 / Section 4952
§ 4952. Sale procedures
Status: in_force

(a) Generally. If the mortgaged property is not redeemed, the plaintiff shall sell the mortgaged property in accordance with this section, complying with all court orders and applicable power of sale provisions.

(b) Notice of sale; publication. Notice of sale shall be published once in each of three successive weeks in a newspaper of general circulation in the town where the land lies, the first publication to be no fewer than 21 days before the day of sale.

(c) Notice of sale; service. A copy of the notice of sale shall be mailed by first class mail, postage prepaid, to all parties who appeared in the foreclosure action or to their attorneys of record. If the mortgagor has not appeared in the foreclosure action, a copy of the notice of sale shall also be mailed by first class mail, postage prepaid, to the mortgagor at the mortgagor's last known address. The notice of sale shall include the specific date, time, and location of the sale and shall be mailed after the last date of redemption in the decree but not fewer than 30 days before the date of the sale.

(d) Notice of sale; waiver. Any party entitled to be sent notice under this section may, either before or after the foreclosure sale, waive the party's right to receive notice, in which case no foreclosure sale shall be invalid or ineffectual to foreclose that party's rights under the mortgage. This subsection shall not apply to farmland or to a dwelling house unless approved by the court at or before the confirmation of sale.

(e) Notice of sale; form. The following form of notice of sale may be used and may be altered as circumstances require, but nothing herein shall be construed to prevent the use of other forms:

By virtue and in execution of the Power of Sale contained in a certain mortgage given by ______ to ______ and recorded in Volume ____ of the land records of the municipality of ______ , of which mortgage the undersigned is the present holder (if by assignment, or in any fiduciary capacity, give reference) for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at ______ (place) at ____ o'clock, ____ M. on the ______ day of ____ , 20__ all and singular the premises described in said mortgage,

(In case of partial releases, state exceptions.)

To wit: (Legal description of the premises.)

Terms of sale: (State here the amount, if any, to be paid in cash by the purchaser at the time of the sale, and the schedule for payment of the balance and other terms of sale.)

The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.

Other terms to be announced at the sale or inquire at _________________________________________

Signed: ______

Mortgagee (may be signed by mortgagee's attorney)

Dated: ______ , 20__ .
12 V.S.A. § 5182 — VT Code / Title 12 / Chapter 179 / Section 5182
§ 5182. Party's share sold if he or she does not pay
Status: in_force

When any such owner does not pay his or her proportion of such costs, the court shall direct so much of his or her share of the estate to be sold at public auction as is sufficient to pay the same, with costs of sale.
12 V.S.A. § 3983 — VT Code / Title 12 / Chapter 143 / Section 3983
§ 3983. Recovery of penalty not bar to further suit
Status: in_force

The recovery of a penalty imposed by this chapter shall not be a bar to an action for false imprisonment or for a false return to the writ of habeas corpus or for damages.
12 V.S.A. § 780 — VT Code / Title 12 / Chapter 25 / Section 780
§ 780. Indorsement of fees
Status: in_force

The officer serving process shall indorse thereon his or her fees and charges and the number of miles actually and necessarily traveled in the performance of his or her duty in serving the same, otherwise his or her fees shall not be allowed.
12 V.S.A. § 3969 — VT Code / Title 12 / Chapter 143 / Section 3969
§ 3969. Notice of examination
Status: in_force

When it appears that the prisoner is detained on a process under which another person has an interest in continuing his or her imprisonment or restraint, he or she shall not be discharged until sufficient notice has been given to such other person, or his or her attorney, if within the State, to appear and object to such discharge.
12 V.S.A. § 2733 — VT Code / Title 12 / Chapter 111 / Section 2733
§ 2733. Advertisement
Status: in_force

(a) The officer shall forthwith advertise the goods or chattels so taken by posting at a public place in the town where they were taken a notice enumerating them and stating the time when the same will be sold at public auction at such public place, which time shall not be less than 14 days from the time of posting such notice. If the amount of the execution is $50.00 or more and if the cost of publication does not exceed $2.00, such notice shall also be published two weeks successively prior to such sale in at least one newspaper published in such town, if there are any published therein, and, if not, in a newspaper of known circulation in such town.

(b) When the property levied upon is hay, grain in the straw, potatoes, timber, lumber, brick, lime, coal, charcoal, ashes, machinery used in a shop, mill or factory, hides in the process of tanning, cordwood, stone, ore, bark, shingles, hives of bees, hay scales, or the utensils and apparatus kept on a farm for the manufacture of maple sugar, the notice shall state the time when the same will be sold, either at the place where the same are kept by the officer or at such public place.
12 V.S.A. § 5321 — VT Code / Title 12 / Chapter 183 / Section 5321
§ 5321. When maintainable
Status: in_force

If beasts are distrained or impounded to recover a penalty or forfeiture alleged to have been incurred by their going at large or to obtain satisfaction for damages alleged to have been done by them, the owner thereof may maintain an action of replevin therefor.
12 V.S.A. § 5806 — VT Code / Title 12 / Chapter 211 / Section 5806
§ 5806. Oath to be administered to officer attending grand jury
Status: in_force

You solemnly swear that, as officer of the grand jury, you will keep their counsel and that of the State, and that you will not disclose anything relative to their proceedings. So help you God.
12 V.S.A. § 5722 — VT Code / Title 12 / Chapter 194 / Section 5722
§ 5722. Severability clause
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to this end, the provisions of this chapter are severable.
12 V.S.A. § 5652 — VT Code / Title 12 / Chapter 192 / Section 5652
§ 5652. Validity of arbitration agreements
Status: in_force

(a) General rule. Unless otherwise provided in the agreement, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties creates a duty to arbitrate, and is valid, enforceable, and irrevocable, except upon such grounds as exist for the revocation of a contract.

(b) Required provision. No agreement to arbitrate is enforceable unless accompanied by or containing a written acknowledgment of arbitration signed by each of the parties or their representatives. When contained in the same document as the agreement to arbitrate, that acknowledgment shall be displayed prominently. The acknowledgment shall provide substantially as follows:

“ACKNOWLEDGMENT OF ARBITRATION.

I understand that (this agreement/my agreement with of ) contains an agreement to arbitrate. After signing (this/that) document, I understand that I will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights. Instead, I agree to submit any such dispute to an impartial arbitrator.”
12 V.S.A. § 5538 — VT Code / Title 12 / Chapter 187 / Section 5538
§ 5538. Appeals
Status: in_force

Any party may appeal from a small claims judgment to Superior Court. The Chief Superior Judge shall assign the appeal to a Superior judge who shall not have participated in any way in the decision being appealed. The appeal shall be heard and decided, based on the record made in the small claims procedure. No appeal as of right exists to the Supreme Court. On motion made to the Supreme Court by a party to the action, the Supreme Court may allow an appeal from the Superior Court.
12 V.S.A. § 2801 — VT Code / Title 12 / Chapter 111 / Section 2801
§ 2801. Levy on rents, issues, and profits-What may be taken
Status: reserved

The rents, issues and profits of real estate leased for life or years or leased to a person, his or her heirs and assigns perpetually, or so long as the lessee, his or her heirs and assigns perform the services or render the rents reserved, may be taken on execution by a creditor of the person entitled to receive the same.
12 V.S.A. § 5056 — VT Code / Title 12 / Chapter 175 / Section 5056
§ 5056. Judgment against defendants found liable
Status: in_force

In an action founded on contract, express or implied, or under chapter 161 of this title, in which more persons than one are defendants, the plaintiff may have judgment against such defendants as are defaulted and against those who upon trial are found liable, notwithstanding it is found that all the defendants are not jointly liable.
12 V.S.A. § 5183 — VT Code / Title 12 / Chapter 179 / Section 5183
§ 5183. Conveyance on sale
Status: in_force

On such sale, the commissioners shall execute conveyances to the purchaser, who shall hold such estate by virtue thereof against such owner or persons claiming under him or her.
12 V.S.A. § 5802 — VT Code / Title 12 / Chapter 211 / Section 5802
§ 5802. Oath to be administered to grand jury
Status: in_force

You solemnly swear that you will diligently inquire and true presentment make of all such matters and things as shall come to your knowledge, according to your charge. The counsel of the State, your own counsel, and that of your fellows, you shall keep secret. You will present no man for envy, hatred, or malice; neither will you leave any person unpresented for love, fear, favor, affection, or hope of reward; but you will present things truly as they come to your knowledge, to the best of your understanding, according to the laws of this State. So help you God.
12 V.S.A. § 2731 — VT Code / Title 12 / Chapter 111 / Section 2731
§ 2731. Levy on personal property
Status: in_force

When the execution with costs is not paid on demand the officer shall levy the same upon the goods or chattels of the debtor or such as are shown him or her by the creditor, and the same shall be safely kept by the officer at the debtor's expense, until sold or the execution is otherwise satisfied.
12 V.S.A. § 4714 — VT Code / Title 12 / Chapter 167 / Section 4714
§ 4714. Fiduciaries; executors
Status: in_force

A person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a person lacking mental capacity, or a person without financial resources, may have a declaration of rights or legal relations in respect thereto:

(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or

(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
12 V.S.A. § 510 — VT Code / Title 12 / Chapter 23 / Section 510
§ 510. Liability of stockholders and of foreign corporations
Status: in_force

An action to enforce the liability of stockholders to the creditors or for the indebtedness of foreign corporations shall be brought within the time limited by the laws of the state under which they are incorporated, and not after. This section shall not be construed so as to extend the time under which such actions may be maintained under the laws of this State.