12 V.S.A. § 4856 — VT Code / Title 12 / Chapter 169 / Section 4856
§ 4856. Judgment for defendant; execution
Status: in_force

When the plaintiff's complaint is dismissed or he or she does not prove his or her right to the possession, the defendant shall have judgment for his or her costs, and execution therefor.
12 V.S.A. § 4911 — VT Code / Title 12 / Chapter 171 / Section 4911
§ 4911. Entry or detainer with force; forcible entry prohibited
Status: in_force

A person shall not make entry into lands, tenements, or other possessions, except where entry is given by law; and in such case, not with strong hand nor with multitude of people, but only in a peaceable manner. A person who violates a provision of this section shall be fined as hereinafter provided.
12 V.S.A. § 3125 — VT Code / Title 12 / Chapter 121 / Section 3125
§ 3125. Payment of trustee's claim by creditor
Status: in_force

When it appears that personal property in the hands of a person summoned as a trustee is mortgaged, pledged, or liable for the payment of a debt due to him or her, the court may allow the attaching creditor to pay or tender the amount due to the trustee, and he or she shall thereupon deliver such property, as provided in this subchapter, to the officer holding the execution.
12 V.S.A. § 4632 — VT Code / Title 12 / Chapter 163 / Section 4632
§ 4632. Opportunity to mediate
Status: in_force

(a) In an action for foreclosure subject to this subchapter, whenever the mortgagor requests mediation prior to four months after judgment is entered and before the end of the redemption period specified in the decree, the court shall refer the case to mediation pursuant to this subchapter, except that the court may:

(1) for good cause, shorten the four-month period or thereafter decline to order mediation; or

(2) decline to order mediation if the mortgagor requests mediation after judgment has been entered and the court determines that the mortgagor is attempting to delay the case, or the court may for good cause decline to order mediation if the mortgagor requests mediation after judgment has been entered.

(b) Unless the mortgagee and mortgagor agree otherwise or the court so orders for good cause shown, all mediation shall be completed prior to the expiration of the redemption period specified in the decree and within 120 days of the mediator's appointment. The redemption period shall not be stayed on account of pending mediation.

(c) In an action for foreclosure of a mortgage subject to this subchapter, the mortgagee shall serve upon the mortgagor two copies of the notice described in subsection (d) of this section with the summons and complaint. The Supreme Court may by rule consolidate this notice with other foreclosure-related notices as long as the consolidation is consistent with the content and format of the notice under this subsection.

(d) The notice required by subsection (c) of this section shall:

(1) be on a form approved by the Court Administrator;

(2) advise the homeowner of the homeowner's rights in foreclosure proceedings under this subchapter;

(3) state the importance of participating in mediation even if the homeowner is currently communicating with the mortgagee or servicer;

(4) provide contact information for legal services; and

(5) incorporate a form that can be used by the homeowner to request mediation from the court.

(e) The Vermont Bar Association (VBA) shall have the authority to establish a fair and neutral mediator-selection process. If the mortgagee and mortgagor are unable to select a mediator through the selection process established by the VBA, the court shall appoint a qualified mediator for the case.
12 V.S.A. § 5672 — VT Code / Title 12 / Chapter 192 / Section 5672
§ 5672. Venue
Status: in_force

(a) An initial application to the Superior Court may be made:

(1) in any county in which the agreement provides that arbitration hearings shall be held; or

(2) if a hearing has been held by arbitrators, in the county in which it was held; or

(3) in other cases, in the county where the party adverse to the moving party resides or has a place of business or, if he or she has neither in Vermont, in Washington County.

(b) All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
12 V.S.A. § 1696 — VT Code / Title 12 / Chapter 63 / Section 1696
§ 1696. Foreign records-births, marriages, and deaths
Status: in_force

A copy of the record of a birth, death, or marriage in another state or foreign country, certified under oath to be a true copy thereof, by a person who certifies under oath that he or she is the legal custodian of such record and that the laws of such state or foreign country require such birth, death, or marriage to be recorded, shall be received in the courts of this State as prima facie evidence of such birth, death, or marriage.
12 V.S.A. § 1608 — VT Code / Title 12 / Chapter 61 / Section 1608
§ 1608. Conviction of crime
Status: in_force

A person shall not be incompetent as a witness in any court, matter, or proceeding by reason of the person's conviction of a crime. The conviction of a crime involving moral turpitude within 15 years shall be the only crime admissible in evidence given to affect the credibility of a witness.
12 V.S.A. § 852 — VT Code / Title 12 / Chapter 25 / Section 852
§ 852. Fees; mailing of copy to business organization
Status: in_force

When process is served on the Secretary of State under the provisions of 11 V.S.A. § 1656, there shall be paid to the Secretary by the officer at the time of such service the sum of $35.00.
12 V.S.A. § 4918 — VT Code / Title 12 / Chapter 171 / Section 4918
§ 4918. Costs; verdict not guilty
Status: in_force

When the jury finds that the person complained against is not guilty, the district judge shall tax costs against the complainant, and issue execution accordingly. Costs shall not be taxed against such complainant when the party complained against does not appear at the trial.
12 V.S.A. § 4913 — VT Code / Title 12 / Chapter 171 / Section 4913
§ 4913. Restitution
Status: in_force

When it is found upon such inquiry that an unlawful and forcible entry has been made, and that such lands, tenements, or other possessions are held and detained by force and strong hand or that the same, after a lawful entry, are held unlawfully and with force, the judge shall cause the party complaining to have restitution thereof.
12 V.S.A. § 2799 — VT Code / Title 12 / Chapter 111 / Section 2799
§ 2799. Costs
Status: in_force

When the debtor fails to redeem such premises, the expenses of such appraisal of such rents, profits, and damages shall be paid by the debtor. When the purchaser has gone into possession of the land and the debtor redeems, if the court finds the tender sufficient, the debtor shall recover his or her costs. In case the tender is not sufficient, the costs shall be in the discretion of the clerk or magistrate who appointed the appraisers. The costs of the appraisal shall be the same as costs before a justice, and the clerk or magistrate may issue execution for the same. In case the debtor remains in possession and gives the bond before mentioned, the costs may be collected on such bond. The fees of the commissioners shall be the same as the appraisers in other cases under the statute.
12 V.S.A. § 5054 — VT Code / Title 12 / Chapter 175 / Section 5054
§ 5054. Discharge of a joint contractor
Status: in_force

A creditor having a debt or demand against a partnership or several joint obligors or promisors may discharge one or more of such partners, obligors, or promisors without impairing his or her right against the others as to the residue of his or her debt or demand.
12 V.S.A. § 3971 — VT Code / Title 12 / Chapter 143 / Section 3971
§ 3971. Pleading; hearing
Status: in_force

The prisoner may deny any of the facts set forth in the return or statement and may allege other material facts. Such court or magistrate may examine the causes of the imprisonment or restraint in a summary manner and hear the evidence produced by any person interested or authorized to appear, in support of or against such imprisonment or restraint.
12 V.S.A. § 5713 — VT Code / Title 12 / Chapter 194 / Section 5713
§ 5713. Definitions
Status: in_force

As used in this chapter:

(1) “Court” means a court of competent jurisdiction in Vermont.

(2) “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

(3) “Mediation communication” means a statement, whether oral, in a record, verbal, or nonverbal, that is made or occurs during a mediation or for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

(4) “Mediator” means an individual who conducts a mediation.

(5) “Nonparty participant” means a person, other than a party or mediator, that participates in a mediation.

(6) “Party” means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.

(7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity.

(8) “Proceeding” means a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or a legislative hearing or similar process.

(9) “Record,” except in the phrase “record of proceeding,” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium, and is retrievable in perceivable form.

(10) “Sign” includes:

(A) executing or adopting a tangible symbol with the present intent to authenticate a record;

(B) attaching or logically associating an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
12 V.S.A. § 5782 — VT Code / Title 12 / Chapter 201 / Section 5782
§ 5782. Libraries
Status: in_force

A person employed by a library with or without compensation shall not be held personally liable for damages resulting from:

(1) information contained in any library materials; or

(2) library services provided to library patrons in the course of his or her duties.
12 V.S.A. § 3156 — VT Code / Title 12 / Chapter 121 / Section 3156
§ 3156. Mode of trial; costs
Status: in_force

Either party may have the facts tried by jury or commissioner, as in other causes. Costs shall be allowed between the parties as the court deems just.
12 V.S.A. § 5245 — VT Code / Title 12 / Chapter 181 / Section 5245
§ 5245. Action on judgment in Supreme Court
Status: in_force

When in an action designated in section 5242 of this title judgment is rendered for the penalty in the Supreme Court, the action may be brought in the Superior Court in the same county in which the original judgment was rendered.
12 V.S.A. § 1697 — VT Code / Title 12 / Chapter 63 / Section 1697
§ 1697. Deeds, mortgages, and other public records
Status: in_force

A copy of the record of a deed, mortgage, or public record of another state or foreign country shall be received by the courts of this State as prima facie evidence of such document, if such copy is certified under oath to be a true copy thereof by a person who certifies under oath that he or she is the legal custodian thereof, and that the laws of such state or foreign country require such document to be recorded.
12 V.S.A. § 4633 — VT Code / Title 12 / Chapter 163 / Section 4633
§ 4633. Mediation
Status: in_force

(a) During all mediations under this subchapter:

(1) The parties shall address the available foreclosure prevention tools and, if disputed, the amount due on the note for the principal, interest, and costs or fees.

(2) The mortgagee shall use and consider available foreclosure prevention tools, including reinstatement, loan modification, forbearance, and short sale, and the applicable government loss mitigation program requirements and any related “net present value” calculations used in considering a loan modification conducted under this subchapter.

(3) The mortgagee shall produce for the mortgagor and mediator:

(A) if a modification or other agreement is not offered, an explanation why the mortgagor was not offered a modification or other agreement; and

(B) for any applicable government loss mitigation program, the criteria for the program and the inputs and calculations used in determining the homeowner's eligibility for a modification or other program.

(4) Where the mortgagee claims that a pooling and servicing or other similar agreement prohibits modification, the mortgagee shall produce a copy of the agreement. All agreement documents shall be confidential and shall not be included in the mediator's report.

(b)(1) In all mediations under this subchapter, the mortgagor shall make a good faith effort to provide to the mediator within a time determined by the court or mediator information on his or her household income, and any other information required by any applicable government loss mitigation program.

(2) Within 45 days of appointment, the mediator shall hold a premediation telephone conference to help the mortgagee and mortgagor complete any necessary document exchange and address other premediation issues. At the premediation telephone conference, the mediator shall at a minimum document and maintain records of the progress the mortgagee and mortgagor are making on financial document production, any review of information that occurs during the conference, any request for additional information, the anticipated time frame for submission of any additional information and the lender's review of the information, the scheduling of the mediation session, and which of the persons identified in subdivision (d)(1) of this section will be present in person at the mediation or that the parties and the mediator have agreed pursuant to subsection (e) of this section that personal presence at the mediation is not required.

(3) During the mediation, the mediator shall document and maintain records of:

(A) agreements about information submitted to the mediator;

(B) whether a modification or other foreclosure alternative is available and, if so, the terms of the modification;

(C) if a modification or other foreclosure alternative is not available, the reasons for the unavailability; and

(D) the steps necessary to finalize the mediation.

(c) The parties to a mediation under this subchapter shall cooperate in good faith under the direction of the mediator to produce the information required by subsections (a) and (b) of this section in a timely manner so as to permit the mediation process to function effectively.

(d)(1) The following persons shall participate in person or by telephone in any mediation under this subchapter:

(A) the mortgagee, or any other person, including the mortgagee's servicing agent, who meets the qualifications required by subdivision (2) of this subsection (d);

(B) counsel for the mortgagee; and

(C) the mortgagor, and counsel for the mortgagor, if represented.

(2) The mortgagee or mortgagee's servicing agent, if present, shall have:

(A) authority to agree to a proposed settlement, loan modification, or dismissal of the foreclosure action;

(B) real-time access during the mediation to the mortgagor's account information and to the records relating to consideration of the options available in subdivisions (a)(2) and (a)(3) of this section, including the data and factors considered in evaluating each such foreclosure prevention tool; and

(C) the ability and authority to perform government loss mitigation program-related “net present value” calculations and to consider other options available in subdivisions (a)(2) and (a)(3) of this section during the mediation.

(e) The mediator may permit a party identified in subdivision (d)(1) of this section to participate in mediation by telephone or videoconferencing. The mortgagee and mortgagor shall each have at least one of the persons identified in subdivision (d)(1) of this section present in person at the mediation unless all parties and the mediator agree otherwise in writing.

(f) The mediator may include in the mediation process under this subchapter any other person the mediator determines would assist in the mediation.

(g) Unless the mortgagee and mortgagor agree otherwise, all mediations under this subchapter shall take place in the county in which the foreclosure action is brought pursuant to subsection 4932(a) of this title.
12 V.S.A. § 3407 — VT Code / Title 12 / Chapter 123 / Section 3407
§ 3407. Officer to account for appraised value
Status: in_force

Such officer shall be accountable to the attaching creditor for the appraised value only of the property so delivered to the debtor.
12 V.S.A. § 6006 — VT Code / Title 12 / Chapter 213 / Section 6006
§ 6006. Request therefor for arrest of principal in relief of bail
Status: in_force

Request for a Warrant for the Arrest of a Principal in Relief of Bail

Whereas I, A. B., on ...................... day of ...................... A.D. 20 ....... , became bail for C. D., in the sum of .................... dollars, for his or her appearance before the Superior Court within and for the county of ................................... , on the ................. day of ............. next; the said C. D. being charged with the crime of .................. ; I now request you to grant me a warrant, in due form of law, to apprehend the body of the said C. D., that I may commit him or her to jail in the county of .............................. , in discharge of my recognizance.

Dated at, etc.

A. B.
12 V.S.A. § 3962 — VT Code / Title 12 / Chapter 143 / Section 3962
§ 3962. When a person to be served is not an officer
Status: in_force

In cases of imprisonment by a person not an officer of the State or of the courts of the United States, the writ shall be directed to a sheriff or his or her deputy, commanding him or her to take and have the person imprisoned before the court or magistrate granting the writ, immediately after the receipt thereof, and summon the person by whom such prisoner is restrained to appear before such court or magistrate and show the cause for taking and detaining such prisoner.
12 V.S.A. § 4820 — VT Code / Title 12 / Chapter 169 / Section 4820
§ 4820. Valuation determined
Status: in_force

After such deed is so lodged, the court shall appoint a committee of three disinterested persons from the vicinity in which the land lies, who, on oath, shall ascertain what would then have been the value of such land if betterments had not been made thereon, and make and return a report thereof in writing to the clerk of the court within 30 days from the date of the determination of the matter.
12 V.S.A. § 5404 — VT Code / Title 12 / Chapter 183 / Section 5404
§ 5404. Action against surety limited
Status: in_force

An action shall not be maintained against a surety in a replevin bond unless the writ is served on the surety within one year after final judgment in the action of replevin.
12 V.S.A. § 3083 — VT Code / Title 12 / Chapter 121 / Section 3083
§ 3083. Costs-Allowed to trustee
Status: in_force

When a person summoned as trustee appears and submits to examination upon oath, he or she shall be allowed his or her costs for travel and attendance, and such further sum as the court deems reasonable for his or her counsel fees and other necessary expenses.
12 V.S.A. § 5138 — VT Code / Title 12 / Chapter 178 / Section 5138
§ 5138. Enforcement
Status: in_force

(a) Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order as defined in 15 V.S.A. § 1101 shall be accorded full faith and credit throughout this State and shall be enforced as if it were an order of this State. Law enforcement officers may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order. Enforcement may include making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.

(b) In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State's Attorney in the Criminal or Civil Division of the Superior Court in the unit or county in which the violation occurred. The maximum penalty which may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a protection order after such initial adjudication.
12 V.S.A. § 4967 — VT Code / Title 12 / Chapter 172 / Section 4967
§ 4967. Recording following sale
Status: in_force

(a) Within 90 days after the sale, the mortgagee selling pursuant to the power shall cause the foreclosure deed and an accompanying affidavit to be recorded in the land records of the town where the property is situated. The affidavit setting forth fully and particularly the mortgagee's acts with respect to the sale of the mortgaged property, including the dates that notices of the sale were published, shall set forth facts showing that no person in interest is in the military service as defined in the Service Members Civil Relief Act of 2003. The affidavit or a duly certified copy thereof shall be admissible in evidence on the issue of whether the power of sale was duly executed.

(b) If the recording required by this section is prevented by an order or stay of any court, the time for such recording shall be extended until 10 days after the expiration or removal of such order or stay.

(c) If the recording required by this section is made more than 60 days after the sale, the affidavit shall state why the recording was not made earlier.

(d) Failure to record the deed and affidavit within the statutory period required by this subsection shall render the sale void and of no effect only as to liens or other encumbrances of record intervening between the day of the sale and the time of recording of the deed and affidavit.

(e) Correction of error. In case of an alleged error or omission in the affidavit, the court, on petition and after notice to interested parties, may validate the affidavit or authorize the recording of an affidavit amending, correcting, or in substitution for an affidavit so recorded, and the affidavit so authorized to be recorded or a certified copy of the record thereof shall have the same effect and shall be admitted in evidence as if it had been recorded within the 90-day period required by this section.
12 V.S.A. § 4637 — VT Code / Title 12 / Chapter 163 / Section 4637
§ 4637. No waiver of rights; costs of mediation
Status: in_force

(a) The parties' rights in a foreclosure action are not waived by their participation in mediation under this subchapter.

(b) The mortgagee shall pay the required costs for any mediation under this subchapter except that the mortgagor shall be responsible for the mortgagor's own costs, including the cost of the mortgagor's attorney, if any, and travel costs.

(c) If the foreclosure action results in a sale with a surplus, the mortgagee may recover the full cost of mediation to the extent of the surplus. Otherwise, the mortgagee may not shift to the mortgagor the costs of the mortgagee's or the servicing agent's attorney's fees or travel costs related to mediation but may shift up to one-half of the costs of the mediator.
12 V.S.A. § 5872 — VT Code / Title 12 / Chapter 212 / Section 5872
§ 5872. Limitation on duty to protect
Status: in_force

(a) Except as provided in subsection (b) of this section, an agritourism host shall not have a legal duty to protect a participant from the inherent risks of an agritourism activity and shall not be liable for injury to or death of a participant or damage to the property of a participant resulting from the inherent risks of an agritourism activity, provided that the agritourism host posts the warning required under section 5873 of this title.

(b) Nothing in subsection (a) of this section shall limit the liability of an agritourism host who:

(1) commits a negligent act or omission concerning the safety of a participant that proximately causes injury or death to the participant;

(2) has actual knowledge of:

(A) a dangerous condition on the land, facilities, or equipment used in the activity, or

(B) the dangerous propensity of an animal used in the activity, which proximately causes injury or death to the participant, and does not make that danger known to the participant;

(3) intentionally injures a participant or intentionally damages a participant's property;

(4) commits any other act, error, or omission that constitutes willful or wanton misconduct or criminal conduct that proximately causes injury or death to the participant; or

(5) fails to post the warning required under section 5873 of this title.

(c) Nothing in subsection (a) of this section shall prevent or limit the liability of an agritourism host under product liability law.

(d) Any limitation on liability afforded by this section to an agritourism host is in addition to any other limitations on liability otherwise provided by law.
12 V.S.A. § 7202 — VT Code / Title 12 / Chapter 219 / Section 7202
§ 7202. Medical monitoring for exposure to proven toxic substances
Status: in_force

(a) A person without a present injury or disease shall have a cause of action for the remedy of medical monitoring against a person who is the owner or operator of a large facility from which a proven toxic substance was released if all of the following are demonstrated by a preponderance of the evidence:

(1) exposure at a rate significantly greater than the general population;

(2) to a proven toxic substance;

(3) as a result of tortious conduct of the defendant;

(4) as a proximate result of the exposure, plaintiffs have suffered an increased risk of contracting a serious disease;

(5) the increased risk makes it medically necessary for the plaintiffs to undergo periodic medical examination different from that prescribed for the general population in the absence of exposure; and

(6) monitoring procedures exist that are reasonable in cost and safe for use.

(b) If the cost of medical monitoring is awarded, a court shall order the defendant found liable to pay the award to a court-supervised medical monitoring program administered by one or more appropriate health professionals, including professionals with expertise in exposure to toxic substances or expertise with treating or monitoring the relevant latent disease or diseases.

(c) Upon an award of medical monitoring under subsection (b) of this section, the court shall award to the plaintiff reasonable attorney's fees and other litigation costs reasonably incurred.

(d)(1) This chapter shall be the exclusive remedy for a person without a present injury to bring a cause of action to seek medical monitoring due to exposure to a proven toxic substance.

(2) Except as provided under subdivision (1) of this subsection, nothing in this chapter shall be deemed to preclude the pursuit of any other civil or injunctive remedy or defense available under statute or common law, including the right of any person to seek to recover for damages related to the manifestation of a latent disease. The remedies and defenses in this chapter are in addition to those provided by existing statutory or common law.

(e) This section shall not increase the rights and remedies available under 21 V.S.A. chapter 9 to an employee who suffers a personal injury by accident arising out of and in the course of employment, provided that 21 V.S.A. chapter 9 shall not limit the right of a person who has not suffered a personal injury by accident arising out of and in the course of employment to bring a cause of action for medical monitoring.
12 V.S.A. § 3133 — VT Code / Title 12 / Chapter 121 / Section 3133
§ 3133. Third person as party; recognizance; trial of title
Status: in_force

When the claimant appears, he or she may be admitted as party to the action for the purpose of maintaining his or her title to the goods, effects, or credits in question, and the title shall be tried and determined in the same manner as the liability of the trustee.
12 V.S.A. § 5808 — VT Code / Title 12 / Chapter 211 / Section 5808
§ 5808. Oath to be administered to officer taking charge of jury in criminal cause, during a recess of the court
Status: in_force

You solemnly swear that you will keep together the persons composing this jury during any recess of the court, until they return into court, and that, in the meantime, you will suffer no person to speak to them, or speak to them yourself, concerning the cause on trial or any matter thereto relating. So help you God.
12 V.S.A. § 5712 — VT Code / Title 12 / Chapter 194 / Section 5712
§ 5712. Uniformity of application
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
12 V.S.A. § 3257 — VT Code / Title 12 / Chapter 123 / Section 3257
§ 3257. Buildings erected by mortgagor or lessee
Status: in_force

An officer levying attachment of buildings or structures erected by a mortgagor or lessee, in addition to the copy lodged in the town clerk's office, shall serve upon the mortgagee or lessor a like true and attested copy of the process, with a description of the property, and the return of the officer thereon, as is provided for the attachment of personal property held by a person as lessee or bailee. Upon sale on execution, the vendee shall succeed to the rights of the original lessee or mortgagor to the property.
12 V.S.A. § 5403 — VT Code / Title 12 / Chapter 183 / Section 5403
§ 5403. Remedy on bond not affected
Status: in_force

The foregoing provisions shall not preclude the defendant from resorting to his or her remedy on the replevin bond or to his or her remedy against the officer for the insufficiency of the sureties in the bond, to recover the value of the goods, with the loss or damage caused by the replevin or nondelivery thereof, notwithstanding he or she has endeavored to recover the same by the writs of return and reprisal.
12 V.S.A. § 3124 — VT Code / Title 12 / Chapter 121 / Section 3124
§ 3124. Delivery of tendered property to officer
Status: in_force

The property so tendered shall be held to respond to the judgment in the trustee process as if the same had been attached, and the trustee shall deliver it to the officer holding the execution, on receiving a reasonable compensation for keeping the same after such tender. The tender shall have the same effect as if it had been made to the defendant and he or she had refused to receive the property.
12 V.S.A. § 4483 — VT Code / Title 12 / Chapter 163 / Section 4483
§ 4483. Receiver's bond
Status: in_force

Before an order issues for him or her to take possession of such stock, the receiver shall execute and deliver to the clerk of the court issuing the order a bond with sufficient sureties, in such sum as the court directs, conditioned on the faithful execution of his or her trust and a true accounting, under the direction of the court, for the property received under such order.
12 V.S.A. § 4814 — VT Code / Title 12 / Chapter 169 / Section 4814
§ 4814. Improvements considered
Status: in_force

The damages in the action of ejectment arising from mesne profits shall be such only as are just and equitable, in view of improvements made upon the premises by the defendant or those under whom he or she claims.
12 V.S.A. § 3025 — VT Code / Title 12 / Chapter 121 / Section 3025
§ 3025. Proceeds of exempt property held for taxes
Status: in_force

Sections 3023 and 3024 of this title shall not apply to a trustee process instituted for the collection of taxes.
12 V.S.A. § 5602 — VT Code / Title 12 / Chapter 189 / Section 5602
§ 5602. Exclusive right of action
Status: in_force

(a) When the act or omission of an employee of the State acting within the scope of employment is believed to have caused damage to property, injury to persons, or death, the exclusive right of action shall lie against the State of Vermont; and no such action may be maintained against the employee or the estate of the employee.

(b) This section does not apply to gross negligence or willful misconduct.

(c) As used in this chapter, “employee” means any person defined as a State employee by 3 V.S.A. § 1101.
12 V.S.A. § 2422 — VT Code / Title 12 / Chapter 103 / Section 2422
§ 2422. Appeal by State
Status: in_force

In a suit or prosecution in the name of the State, tried in the Superior Court, the determination of which may affect the title to the property or right of property of the State or a right or franchise of the State or of the public, an appeal may be taken by the State from the opinion of the court on questions of law arising on the trial, and the cause shall pass to the Supreme Court for determination, as in civil causes.
12 V.S.A. § 4718 — VT Code / Title 12 / Chapter 167 / Section 4718
§ 4718. Further proceedings
Status: in_force

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. When the application is deemed sufficient, on reasonable notice, the court shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
12 V.S.A. § 4724 — VT Code / Title 12 / Chapter 167 / Section 4724
§ 4724. Separability of provisions
Status: in_force

The several sections and provisions of this chapter, except sections 4711 and 4712, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.
12 V.S.A. § 892 — VT Code / Title 12 / Chapter 25 / Section 892
§ 892. Service on Commissioner; mailing copies; fees
Status: in_force

(a) Service of process shall be made by leaving a copy of the process with a fee of $15.00 with the Commissioner, or in his or her office. Service shall be sufficient upon the person, provided that a copy of the process with the officer's return on it, showing service upon the Commissioner as provided in this section, is sent by the plaintiff to the defendant, or the personal representative of his or her estate, by registered or certified mail, and provided further that the plaintiff's affidavit of compliance is filed with the process in court. The Commissioner shall file copies served upon him or her as provided in this section, and show upon each copy the day and hour of service.

(b) Such manner of service shall be in addition to all existing manner of service, rights, and remedies, and the availability of such manner of service shall not make the provisions of section 552 of this title inoperative, relative to tolling of the statute of limitations.
12 V.S.A. § 2742 — VT Code / Title 12 / Chapter 111 / Section 2742
§ 2742. Security by creditor in case of doubt as to ownership or liability of chattels to attachment or execution
Status: in_force

When there is reasonable doubt as to the ownership of the goods or chattels or as to their liability to be taken on a writ of attachment or execution, the officer may require sufficient security to indemnify him or her for taking the same. If the creditor, his or her agent or attorney does not, within a reasonable time after the request, give the security to the officer, he or she may release them to the person from whom they were taken, at any time before the sale of the goods or chattels, and may take other goods or chattels, or, when permitted under section 2741 of this title, the body of the debtor, and for want thereof may return a non est inventus.
12 V.S.A. § 2740 — VT Code / Title 12 / Chapter 111 / Section 2740
§ 2740. Goods and chattels; exemptions from
Status: in_force

The goods or chattels of a debtor may be taken and sold on execution, except the following articles, which shall be exempt from attachment and execution, unless turned out to the officer to be taken on the attachment or execution, by the debtor:

(1) the debtor's interest, not to exceed $2,500.00 in aggregate value, in a motor vehicle or motor vehicles;

(2) the debtor's interest, not to exceed $5,000.00 in aggregate value, in professional or trade books or tools of the profession or trade of the debtor or a dependent of the debtor;

(3) a wedding ring;

(4) the debtor's interest, not to exceed $500.00 in aggregate value, in other jewelry held primarily for the personal, family, or household use of the debtor or a dependent of the debtor;

(5) the debtor's interest, not to exceed $2,500.00 in aggregate value, in household furnishings, goods or appliances, books, wearing apparel, animals, crops, or musical instruments that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor;

(6) growing crops, not to exceed $5,000.00 in aggregate value;

(7) the debtor's aggregate interest in any property, not to exceed $400.00 in value, plus up to $7,000.00 of any unused amount of the exemptions provided under subdivisions (1), (2), (4), (5) and (6) of this section;

(8) one cooking stove, appliances needed for heating, one refrigerator, one freezer, one water heater, sewing machines;

(9) ten cords of firewood, five tons of coals, or 500 gallons of oil;

(10) 500 gallons of bottled gas;

(11) one cow, two goats, 10 sheep, 10 chickens, and feed sufficient to keep the cow, goats, sheep, or chickens through one winter;

(12) three swarms of bees and their hives with their produce in honey;

(13) one yoke of oxen or steers or two horses kept and used for team work;

(14) two harnesses, two halters, two chains, one plow, and one ox yoke;

(15) the debtor's interest, not to exceed $700.00 in value, in bank deposits or deposit accounts of the debtor;

(16) the debtor's interest in self-directed retirement accounts of the debtor, including all pensions, all proceeds of and payments under annuity policies or plans, all individual retirement accounts, all Keogh plans, all simplified employee pension plans, and all other plans qualified under sections 401, 403, 408, 408A or 457 of the Internal Revenue Code. However, an individual retirement account, Keogh plan, simplified employee pension plan, or other qualified plan, except a Roth IRA, is only exempt to the extent that contributions thereto were deductible or excludable from federal income taxation at the time of contribution, plus interest, dividends, or other earnings that have accrued on those contributions, plus any growth in value of the assets held in the plan or account and acquired with those contributions. A Roth IRA is exempt to the extent that contributions thereto did not exceed the contribution limits set forth in section 408A of the Internal Revenue Code, plus interest, dividends, or other earnings on the Roth IRA from such contributions, plus any growth in value of the assets held in the Roth IRA acquired with those contributions. No contribution to a self-directed plan or account shall be exempt if made less than one calendar year from the date of filing for bankruptcy, whether voluntarily or involuntarily. Exemptions under this subdivision shall not exceed $5,000.00 for the purpose of attachment of assets by the office of child support pursuant to 15 V.S.A. § 799;

(17) professionally prescribed health aids for the debtor or a dependent of the debtor;

(18) any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract;

(19) property traceable to or the debtor's right to receive, to the extent reasonably necessary for the support of the debtor and any dependents of the debtor:

(A) Social Security benefits;

(B) veteran's benefits;

(C) disability or illness benefits;

(D) alimony, support, or separate maintenance;

(E) compensation awarded under a crime victim's reparation law;

(F) compensation for personal bodily injury, pain and suffering, or actual pecuniary loss of the debtor or an individual on whom the debtor is dependent;

(G) compensation for the wrongful death of an individual on whom the debtor was dependent;

(H) payment under a life insurance contract that insured the life of an individual on whom the debtor was dependent on the date of that individual's death;

(I) compensation for loss of future earnings of the debtor or an individual on whom the debtor was or is dependent;

(J) payments under a pension, annuity, profit-sharing, stock bonus, or similar plan or contract on account of death, disability, illness, or retirement from or termination of employment.
12 V.S.A. § 505 — VT Code / Title 12 / Chapter 23 / Section 505
§ 505. Covenants other than warranty or seisin
Status: in_force

An action founded on covenant, contained in a deed of lands, other than the covenants of warranty and seisin, shall be brought within eight years after the cause of action accrues, and not after.
12 V.S.A. § 3152 — VT Code / Title 12 / Chapter 121 / Section 3152
§ 3152. Mortgagee may file bond and release property
Status: in_force

When such action is pending in such a court, the trustees shall be discharged and the attachment dissolved if the mortgagee, in the manner provided in section 3151 of this title, files a bond in a sum equal to the amount for which attachment is directed in the writ, with sufficient sureties approved by such clerk or judge, conditioned that he or she will pay the judgment that may be rendered against him or her.
12 V.S.A. § 2806 — VT Code / Title 12 / Chapter 111 / Section 2806
§ 2806. Redemption by debtor
Status: in_force

At any time after such conveyance is executed to him or her, the debtor may pay the purchaser the purchase price with interest and all costs sustained by him or her, less the rents, issues, and profits he or she has received. Such purchaser's right to collect and receive such rents, issues, and profits thereupon shall cease, and on request of the debtor and at his or her expense, the purchaser shall execute to him or her an instrument in writing, relinquishing, and surrendering all right to the subsequent rents, issues, and profits. When the time for which the right to collect and receive such rents, issues, and profits was sold, expires, or when the debtor pays the balance due as provided in this section, the purchaser, if in possession of the real estate, shall surrender the same to the person entitled thereto.
12 V.S.A. § 1699 — VT Code / Title 12 / Chapter 63 / Section 1699
§ 1699. Foreign laws and decisions; determination by court
Status: in_force

The statutes, laws, and decisions of another state may be evidenced, prima facie, in the courts of this State by a printed copy of the laws, which purports to be published by the authority of the other state. The determination of the laws shall be made by the court and not by the jury and shall be reviewable.
12 V.S.A. § 736 — VT Code / Title 12 / Chapter 25 / Section 736
§ 736. Officer's duties and liabilities
Status: in_force

When property is taken by an officer from the possession of a specially appointed person or his or her receiptor, the officer shall be subject to the duties and liabilities relating to the property and arising by virtue of the previous attachment or taking in execution and shall be responsible for the property to the plaintiff or creditor having the prior lien thereon by virtue of the attachment, as the specially appointed person or his or her receiptor would have been if the property had not been taken from his or her possession.
12 V.S.A. § 4934 — VT Code / Title 12 / Chapter 172 / Section 4934
§ 4934. Supplemental judgment joining parties; recording
Status: in_force

At any time, without further notice or service on the purchaser or mortgagor or lienholder whose interest in the property being foreclosed first arose after the filing of the complaint in the town clerk's office, and upon filing certified copies of the deed, mortgage, or attachment with the clerk of the court by the plaintiff in the foreclosure action, any Superior judge may sign a supplemental judgment specifically naming that party. Reference to the deed, mortgage, or lien and the supplemental judgment may be filed in the town clerk's office for record, and it shall have the same force and effect as though that person had been made a party defendant in the original action.
12 V.S.A. § 3121 — VT Code / Title 12 / Chapter 121 / Section 3121
§ 3121. Specific property-Delivery to officer; sale; application of proceeds
Status: in_force

When a person is charged as trustee by reason of personal property, other than money, which he or she holds or is bound to deliver to the defendant, he or she shall deliver the same, or so much thereof as is necessary, to the officer who holds the execution, and it shall be sold and the proceeds thereof applied and accounted for as if taken on execution in common form.
12 V.S.A. § 2151 — VT Code / Title 12 / Chapter 85 / Section 2151
§ 2151. When defendant pleads bankruptcy and prevails
Status: in_force

In actions in which the bankruptcy of the defendant is set up in defense, and the defendant prevails solely by reason of such answer, the court may allow or disallow costs against the plaintiff.
12 V.S.A. § 1943 — VT Code / Title 12 / Chapter 81 / Section 1943
§ 1943. Confinement and care of jury
Status: in_force

When the court has committed a cause to its consideration, the jury shall be confined until it agrees on a verdict or is discharged. While so confined, the jury shall be under the care of an officer appointed by the court and sworn for that purpose.
12 V.S.A. § 2561 — VT Code / Title 12 / Chapter 107 / Section 2561
§ 2561. Appeal by creditor, devisee, legatee or heir
Status: in_force

When an executor or administrator declines to appeal from the decision of the commissioners, a person interested in the estate as creditor, devisee, legatee, or heir may appeal from such decision as the executor or administrator might have done.
12 V.S.A. § 5781 — VT Code / Title 12 / Chapter 201 / Section 5781
§ 5781. Nonprofit organizations
Status: in_force

A person who serves without compensation as a director, officer, or trustee of a nonprofit organization qualified as tax-exempt under Section 501(c) of the Internal Revenue Code of 1986, as from time to time amended, shall not be held personally liable for damages resulting from:

(1) any act or omission within the scope of the person's official functions or duties which is done in good faith, unless it constitutes gross negligence or an intentional tort; however, this subdivision shall not protect a person from liability for damages which result from the operation of a motor vehicle;

(2) any act or omission of an employee of the nonprofit organization; or

(3) any act or omission of another director, officer, or trustee.
12 V.S.A. § 3585 — VT Code / Title 12 / Chapter 125 / Section 3585
§ 3585. Defense and recovery in action on escape
Status: in_force

In an action for an escape, such keeper may prove the circumstances attending the same and the circumstances and property of the prisoner when he or she escapes. The creditor shall recover only the reasonable damages which he or she sustains in consequence of the escape, and his or her costs.
12 V.S.A. § 555a — VT Code / Title 12 / Chapter 23 / Section 555a
§ 555a. Fraudulent transfers
Status: in_force

Limitations of actions with respect to fraudulent transfers or obligations under 9 V.S.A. chapter 57, subchapter 1, shall be governed by the provisions of 9 V.S.A. § 2293.
12 V.S.A. § 5055 — VT Code / Title 12 / Chapter 175 / Section 5055
§ 5055. Action against joint contractor not discharged
Status: in_force

In such cases an action may be maintained against those not discharged, setting forth in the complaint that the contract was made with the defendants and the party discharged, and that such party has been discharged. Such discharge shall have the same effect as a payment by the party discharged, of his or her equal part of the debt, according to the number of debtors aside from sureties.
12 V.S.A. § 3148 — VT Code / Title 12 / Chapter 121 / Section 3148
§ 3148. Held to satisfy execution against trustee
Status: in_force

The property so attached shall be holden to satisfy any execution issuing upon or in action on a judgment rendered against the trustee in the original action, in the same manner and to the same extent that property attached as the property of the defendant in an action and taken into the actual possession of the officer making the attachment is held to satisfy an execution against such defendant.
12 V.S.A. § 3023 — VT Code / Title 12 / Chapter 121 / Section 3023
§ 3023. Proceeds of property exempt from attachment
Status: in_force

Except as herein otherwise provided, a person shall not be liable on trustee process on account of a sum due or owing to the principal debtor for property sold or conveyed or delivered by him or her, which was exempt from attachment and execution at the time of the sale. If at the time the trustee process was commenced, the principal debtor was the owner of other property exempt from attachment and execution and of the same kind as that sold by him or her to the trustee, so far as such other property was free from encumbrance for the purchase money, the provisions of this section shall not apply.
12 V.S.A. § 5855 — VT Code / Title 12 / Chapter 211 / Section 5855
§ 5855. Oaths and acknowledgments by members of the U.S. Armed Forces
Status: in_force

Whenever an oath of office, oath to an affidavit, deposition, or other written instrument or an acknowledgment of a deed, lease, conveyance, release, or other written instrument is required for use in or in connection with any matter pending in this State, such oaths may be taken before any officer of the U.S. Armed Forces of the rank of captain or rank superior thereto of the Army or equivalent rank in the other branches of service or by a person authorized by law where such oath or acknowledgment is to be taken to administer oaths and the officer or person who administers such oath or takes such acknowledgment shall state such fact thereunder over his or her signature and rank or title.
12 V.S.A. § 4484 — VT Code / Title 12 / Chapter 163 / Section 4484
§ 4484. Order for possession
Status: in_force

Upon receipt of such bond, under the direction of the court, the clerk of the court shall deliver to the receiver an order to take possession of such stock, proceed in the manufacture and sale of the same as provided by sections 4481-4483 of this title, and require possessors of such stock to deliver same to the receiver. Such order shall be a sufficient warrant to the attaching officer or other possessor of such stock to deliver it to the receiver.
12 V.S.A. § 5051 — VT Code / Title 12 / Chapter 175 / Section 5051
§ 5051. Action against resident joint contractor
Status: in_force

When a bond, recognizance, bill, note, or other contract has been executed by two or more persons jointly and one or more of them reside out of the State, an action may be sustained thereon against the party residing in the State.
12 V.S.A. § 5751 — VT Code / Title 12 / Chapter 195 / Section 5751
§ 5751. Legislative findings and purpose
Status: in_force

The General Assembly finds that agricultural production is a major contributor to the State's economy; that agricultural lands constitute unique and irreplaceable resources of statewide importance; that the continuation of existing and the initiation of new agricultural activities preserve the landscape and environmental resources of the State, contribute to the increase of tourism, and further the economic welfare and self-sufficiency of the people of the State; and that the encouragement, development, improvement, and preservation of agriculture will result in a general benefit to the health and welfare of the people of the State. In order for the agricultural industry to survive in this State, farms will likely change, adopt new technologies, and diversify into new products, which for some farms will mean increasing in size. The General Assembly finds that agricultural activities are potentially subject to lawsuits based on the theory of nuisance and that these suits encourage and could force the premature removal of the farmlands and other farm resources from agricultural use. It is the purpose of this chapter to protect reasonable agricultural activities conducted on the farm from nuisance lawsuits.
12 V.S.A. § 5373 — VT Code / Title 12 / Chapter 183 / Section 5373
§ 5373. Bond
Status: in_force

The writ in an action of replevin commenced under the provisions of section 5321 or 5331 of this title shall not be issued until the plaintiff or someone in his or her behalf executes and delivers to the officer a bond to the defendant, with sufficient surety to be approved by the court, in a penalty double the value of the property to be replevied, with condition to prosecute the action to final judgment and pay such damages and costs as the defendant recovers against him or her, and also to return the property if that is the final judgment.
12 V.S.A. § 2551 — VT Code / Title 12 / Chapter 107 / Section 2551
§ 2551. Supreme Court jurisdiction of probate proceedings in Superior Courts
Status: in_force

The Supreme Court shall have jurisdiction of questions of law arising in the course of the proceedings of the Superior Courts in probate matters, as in other causes.
12 V.S.A. § 1615 — VT Code / Title 12 / Chapter 61 / Section 1615
§ 1615. Journalist's privilege
Status: in_force

(a) Definitions. As used in this section:

(1) “Journalist” means:

(A) an individual or organization engaging in journalism or assisting an individual or organization engaging in journalism at the time the news or information sought to be compelled pursuant to subsection (b) of this section was obtained; or

(B) any supervisor, employer, parent company, subsidiary, or affiliate of an individual or organization engaging in journalism at the time the news or information sought to be compelled pursuant to subsection (b) of this section was obtained.

(2) “Journalism” means:

(A) investigating issues or events of public interest for the primary purpose of reporting, publishing, or distributing news or information to the public, whether or not the news or information is ultimately published or distributed; or

(B) preparing news or information concerning issues or events of public interest for publishing or distributing to the public, whether or not the news or information is ultimately published or distributed.

(b) Compelled disclosure.

(1) No court or legislative, administrative, or other body with the power to issue a subpoena shall compel:

(A) a journalist to disclose news or information obtained or received in confidence, including:

(i) the identity of the source of that news or information; or

(ii) news or information that is not published or disseminated, including notes, outtakes, photographs, photographic negatives, video or audio recordings, film, or other data; or

(B) a person other than a journalist to disclose news or information obtained or received from a journalist if a journalist could not be compelled to disclose the news or information pursuant to subdivision (A) of this subdivision (1).

(2) No court or legislative, administrative, or other body with the power to issue a subpoena shall compel:

(A) a journalist to disclose news or information that was not obtained or received in confidence unless it finds that the party seeking the news or information establishes by clear and convincing evidence that:

(i) the news or information is highly material or relevant to a significant legal issue before the court or other body;

(ii) the news or information could not, with due diligence, be obtained by alternative means; and

(iii) there is a compelling need for disclosure; or

(B) a person other than a journalist to disclose news or information obtained or received from a journalist if a journalist could not be compelled to disclose the news or information pursuant to subdivision (A) of this subdivision (2).

(c) No implication of waiver. The publication or dissemination of news or information shall not constitute a waiver of the protection from compelled disclosure as provided in subsection (b) of this section.
12 V.S.A. § 466 — VT Code / Title 12 / Chapter 23 / Section 466
§ 466. When action deemed commenced
Status: in_force

For the purpose of determining whether a period of limitation prescribed in this chapter has run, an action shall be deemed commenced upon the filing of the complaint with the clerk of the court in which the action is being brought if the action is commenced by filing or upon service of the summons and complaint if the action is commenced by service.
12 V.S.A. § 3167 — VT Code / Title 12 / Chapter 121 / Section 3167
§ 3167. Enforcement of money judgments; trustee process against earnings
Status: in_force

Trustee process against earnings may not be used in connection with the enforcement of a money judgment in any civil action until the judgment becomes final, and then only in accordance with sections 3168-3171 of this title.
12 V.S.A. § 5913 — VT Code / Title 12 / Chapter 213 / Section 5913
§ 5913. Habeas corpus
Status: in_force

Writ of Habeas Corpus

(Commencement as in § 5903.)

To the sheriff of .................. (or person having the custody of the prisoner,) (to be designated by his or her name or name of office) or to any sheriff in the State, or his or her deputy, (as the case may be)

Greeting:

By the authority of the State of Vermont, you are hereby commanded that the body of A. B. of ............................................. , in the prison in ............................................. , in the county of .................. , (or by you imprisoned and restrained of his or her liberty,) (as the case may be) together with the day and cause of his or her commitment (taking and detaining,) by whatsoever name the said A. B. shall be called or charged, you have forthwith before the .............................. court now sitting at, etc., or before me, at ........................................ (if issued by a Justice of the Supreme Court or a Superior judge) to do and receive what the said court shall then and there consider concerning him or her in this behalf, and have you have this writ.

(in case of imprisonment or detention by any person not an officer of this State, or of the courts of the United States, insert as follows) And you are hereby further commended to summon the said ........................................ (naming the person by whom such prisoner is restrained) to appear before said court or before me (as the case may be) at the time and place aforesaid, and show the cause, if any he or she have, of the taking and of detaining said A. B.

Dated at .............................. in the county of .................... , the .................... day of .............................. A.D. 20 ..........

Judge, etc., or Clerk.
12 V.S.A. § 2383 — VT Code / Title 12 / Chapter 102 / Section 2383
§ 2383. Time for filing notice of appeal
Status: in_force

Except as otherwise provided by law, a notice of appeal shall be filed within 30 days from the date of the entry of any appealable judgment, order, ruling, decree or sentence of any court, commission, board, agency, or department of the State or any political subdivision thereof. The Supreme Court may by rule provide for extension of the time for appeal to allow a cross appeal or for cause. (1959, No. 261, § 47; amended 1961, No. 181, § 2; 1971, No. 185 (Adj. Sess.), § 56, eff. March 29, 1972.)
12 V.S.A. § 3256 — VT Code / Title 12 / Chapter 123 / Section 3256
§ 3256. Custody of attached property; penalties
Status: in_force

When an officer has attached personal property and taken it into his or her custody and chained, locked, or otherwise secured the same, a person, except another officer duly authorized, shall not interfere with the first named officer's custody of such property. A person who violates the provisions of this section shall be fined not more than $100.00 or be imprisoned not more than 60 days, or both.
12 V.S.A. § 5248 — VT Code / Title 12 / Chapter 181 / Section 5248
§ 5248. Defense by defendant and sureties
Status: in_force

The defendant in the action may make any defense that he or she could have made, had an action of contract been brought on the recognizance or bond. When the original judgment against the sheriff or high bailiff was rendered by default and the creditor brings an action under section 5246 of this title, the sureties may make any defense which the principal might have made in the original action.
12 V.S.A. § 2365 — VT Code / Title 12 / Chapter 101 / Section 2365
§ 2365. Copy of process and recognizance to be filed
Status: in_force

The magistrate ordering a stay of proceedings shall take a copy of the process and recognizance, and file the same in the office of the clerk of the court to which the petition is made returnable or with the judge of the court, if it has no clerk.
12 V.S.A. § 856 — VT Code / Title 12 / Chapter 25 / Section 856
§ 856. Service of process
Status: in_force

Service of process by virtue of section 855 of this title shall be made pursuant to 11 V.S.A. § 1656 by delivering to the Secretary of State duplicate copies of the process and a fee of $25.00, to be taxed in the plaintiff's costs if he or she prevails.
12 V.S.A. § 814 — VT Code / Title 12 / Chapter 25 / Section 814
§ 814. Partnerships and unincorporated associations-suit in firm name; service of process
Status: in_force

A partnership or an unincorporated association or joint stock company may sue and be sued in its firm, associate, or company name and service of process against such partnership, association, or company made upon any officer, a managing or general agent, a superintendent, any member thereof, or any agent authorized by appointment or by law to receive service of process, shall have the same force and effect as regards the joint rights, property, and effects of the partnership, association, or company as if served upon all the partners, associates, or shareholders.
12 V.S.A. § 3144 — VT Code / Title 12 / Chapter 121 / Section 3144
§ 3144. Execution against trustee; arrest
Status: in_force

An execution shall issue against the goods, chattels, or estate of the trustee, unless the court, upon motion and hearing, finds that the trustee did not act in good faith in taking the conveyance or title. If the court so finds, a certificate thereof shall be indorsed by the clerk upon the writ of execution, and the writ shall be directed against the body, as well as the goods, chattels, or estate of the trustee.
12 V.S.A. § 4824 — VT Code / Title 12 / Chapter 169 / Section 4824
§ 4824. Previous limitations not to apply
Status: in_force

The provisions of this chapter relating to betterments shall extend to the cases therein provided for, as though acts of limitation or sections of such acts had not been passed.
12 V.S.A. § 503 — VT Code / Title 12 / Chapter 23 / Section 503
§ 503. Covenant of seisin
Status: in_force

Actions brought on a covenant of seisin in a deed of conveyance of land shall be brought within 15 years after the cause of actions accrues, and not after.
12 V.S.A. § 3255 — VT Code / Title 12 / Chapter 123 / Section 3255
§ 3255. Taking possession with or without filing
Status: in_force

(a) An officer, having attached personal property by lodging a copy in the appropriate office as provided in section 3251 of this title shall thereafter remove the property so attached or take it into his or her possession whenever the care, safety, or preservation of the property so requires, or he or she may accept a receipt for the same. In either case he or she shall withdraw the copy from the office where it was lodged, except that in a mixed attachment of real and personal property he or she shall make and cause to be recorded a certificate stating either that the personal property attached has been taken into his or her possession or receipted. Where the copy was originally lodged by mail, as provided in section 3251 of this title, such withdrawal or recording may also be accomplished by mail.

(b) The officer taking personal property as provided in this chapter may remove the same and take it into his or her possession, in which case he or she need not leave a copy of the attachment or execution in any office of record.
12 V.S.A. § 2684 — VT Code / Title 12 / Chapter 111 / Section 2684
§ 2684. Collection of execution enjoined, time not reckoned
Status: in_force

When the collection of an execution in the hands of an officer is enjoined, such officer may retain the same. If the injunction is vacated, the time between the issuing and vacating thereof shall not be included in counting the number of days the execution has to run. Upon the vacating of such injunction, the clerk of the Superior Court, on demand, shall give the plaintiff in such execution a certificate of the date of the injunction and when vacated. On receipt of such certificate, the officer holding such execution shall proceed to levy and collect the execution, and shall annex such certificate to his or her return thereon. (1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972.)
12 V.S.A. § 3065 — VT Code / Title 12 / Chapter 121 / Section 3065
§ 3065. Admission; statement of facts
Status: in_force

When an alleged trustee serves his or her written disclosure under oath admitting that he or she has in his or her hands or possession goods, effects, or credits of the defendant, or referring that question to the court upon the facts, his or her disclosure may set forth such facts as he or she deems material, and he or she may submit himself or herself thereupon to a further examination on oath. The plaintiff may propose interrogatories in writing, to be answered as provided in section 3064 of this title.
12 V.S.A. § 512 — VT Code / Title 12 / Chapter 23 / Section 512
§ 512. Assault and battery; false imprisonment; slander and libel; injuries to person or property
Status: in_force

Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after:

(1) assault and battery;

(2) false imprisonment;

(3) slander and libel;

(4) except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury;

(5) damage to personal property suffered by the act or default of another.
12 V.S.A. § 4822 — VT Code / Title 12 / Chapter 169 / Section 4822
§ 4822. Value not paid; writ to issue
Status: in_force

When the defendant does not pay an installment of the sum so reported, with costs and interest from the date of the deed, such deed shall be returned to the plaintiff, and the writ of possession and execution for the costs shall issue accordingly.
12 V.S.A. § 3166 — VT Code / Title 12 / Chapter 121 / Section 3166
§ 3166. Compensation assignments, employer acceptance required
Status: in_force

(a) If the compensation of a person due him or her for work and labor performed is attached under this chapter, the employer of the person shall, upon the request of the employee, accept a compensation assignment in an amount not in excess of 10 percent of the employee's compensation, payable to the attaching creditor or his or her agent.

(b) If the employer fails to accept the assignment within 10 days from the date that it is presented to him or her, he or she shall be liable to the creditor in the same manner as if the assignment had been formally accepted.
12 V.S.A. § 3145 — VT Code / Title 12 / Chapter 121 / Section 3145
§ 3145. Validity of sale or assignment may be inquired into
Status: in_force

When it appears that a trustee had been notified of the sale or assignment of a demand for which he or she would otherwise be adjudged trustee, either of the parties to the trustee process may raise the question of the validity of such sale or assignment, and the person giving notice to the trustee may be summoned as a witness and compelled to testify to the consideration upon which such sale or assignment was made. When it is found upon the evidence that such sale or assignment was not made in good faith, the trustee shall be adjudged liable as though the pretended sale or assignment had not been made.
12 V.S.A. § 4970 — VT Code / Title 12 / Chapter 172 / Section 4970
§ 4970. Form and effect of foreclosure deed
Status: in_force

(a) The foreclosure deed shall be in substantially the following form:

______ of ______ County, ______ State of ______ , holder of a mortgage from ____ to ____ dated ____ , recorded in ____ Book____ at Page ____ of the Town of ____ Land Records, by the power conferred by said mortgage and every other power, for ____ dollars paid, grant to ______ , (complete mailing address) ______ , of ______ Street, Town (City) of ____ , ______ County, State of ______ , the premises conveyed by said mortgage.

(Here add acknowledgment)

(b) A deed substantially in the form set forth in subsection (a) of this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors, and assigns, to their own use, with covenants on the part of the mortgagee, for himself or herself, that, at the time of the delivery of such deed, the mortgagee was duly authorized to make sale of the mortgaged property; that in all of the mortgagee's proceedings in the sale thereof, the mortgagee has complied with the requirements of this subchapter; and that the mortgagee will warrant and defend the same to the grantee, heirs, successors, and assigns against the lawful claims of all persons claiming by, from, or under him or her.
12 V.S.A. § 3132 — VT Code / Title 12 / Chapter 121 / Section 3132
§ 3132. Claims of third persons-Appearance; notice
Status: in_force

When it appears that goods, effects, or credits in the hands of an alleged trustee are claimed by another person, the court may permit such claimant to appear and maintain his or her right. If he or she does not appear, notice for that purpose may be issued and served on him or her in such manner as the court directs.
12 V.S.A. § 2147 — VT Code / Title 12 / Chapter 85 / Section 2147
§ 2147. Action on judgment upon which execution might have issued
Status: in_force

A person commencing an action founded on a judgment rendered in this State, upon which at the time of bringing his or her action execution might issue, shall not recover costs, if the court before whom it is brought considers that it was commenced without sufficient cause and that the creditor might as well have recovered his or her demand by execution.
12 V.S.A. § 2807 — VT Code / Title 12 / Chapter 111 / Section 2807
§ 2807. Failure of tenant to make return; sale; writ of possession
Status: in_force

When the tenant in possession does not, within 15 days from the time he or she receives the notice specified in section 2802 of this title, make sworn return to the officer as therein required, such officer may sell the real estate so in possession of the tenant, or sufficient to satisfy the execution, as the property of the debtor, discharged from any right, title, or interest of such tenant therein, and as real estate may be sold under this chapter. The officer to whom a writ of possession is issued after such sale, by virtue thereof, may remove the tenant from such real estate and put the purchaser in possession.
12 V.S.A. § 4853a — VT Code / Title 12 / Chapter 169 / Section 4853a
§ 4853a. Payment of rent into court; expedited hearing
Status: in_force

[Subsection (a) as amended by 2007, Act No. 125 (Adj. Sess.), § 1.]

(a) In any action against a tenant for possession, the landlord may file a motion for an order that the tenant pay rent into court. The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by affidavit setting forth particular facts in support of the motion.

[Subsection (a) as amended by 2007, Act No. 176 (Adj. Sess.), § 51.]

(a) In any action against a tenant for possession brought in accordance with this chapter, 9 V.S.A. chapter 137, 10 V.S.A. chapter 153, or 11 V.S.A. chapter 14, the landlord may file a motion for an order that the tenant pay rent into court. The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by affidavit setting forth particular facts in support of the motion.

(b) A hearing on the motion shall be held any time after 14 days' notice to the parties. If the tenant appears at the hearing and has not been previously defaulted, the court shall not enter judgment by default unless the tenant fails to file a written answer within 14 days after the hearing. Any rent escrow order shall remain in effect notwithstanding the issuance of a default judgment but shall cease upon execution of a writ of possession.

(c) Any memorandum in opposition filed by the defendant pursuant to Rule (7)(b)(6) of the Vermont Rules of Civil Procedure shall be accompanied by affidavit setting forth particular facts in support of the memorandum.

(d) If the court finds the tenant is obligated to pay rent and has failed to do so, the court shall order full or partial payment into court of rent as it accrues while the proceeding is pending and rent accrued from the date of filing with the court the complaint for ejectment or the date the summons and complaint for ejectment were served on the tenant pursuant to Rule 3 of the Vermont Rules of Civil Procedure, whichever occurs first.

(e) All funds paid into court shall be made payable to the court clerk by money order, certified check, cash, or any other means that guarantees the availability of the funds for distribution after a hearing on the merits. The funds shall be distributed forthwith in accordance with the final order from the trial court.

(f) The landlord may at any time by motion apply to the court for disbursement of all or part of the funds paid into court. The motion for disbursement shall be accompanied by affidavit setting forth particular facts in its support. If the court finds that the landlord is in actual danger of loss of the premises or other personal hardship resulting from the loss of rental income, it may award all or any portion of the funds under deposit to the landlord.

(g) The tenant may at any time by motion apply to the court to reduce the amount ordered to be paid into court under this section. The motion for reduction shall be accompanied by affidavit setting forth particular facts in its support.

(h) If the tenant fails to pay rent into court in the amount and on the dates ordered by the court, the landlord shall be entitled to judgment for immediate possession of the premises. The court shall forthwith issue a writ of possession directing the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not earlier than seven days after the writ is served, or, in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 30 days after the writ is served, to put the plaintiff into possession.
12 V.S.A. § 5249 — VT Code / Title 12 / Chapter 181 / Section 5249
§ 5249. When the principal has removed from the State
Status: in_force

When a person liable as sheriff or high bailiff for official misconduct, neglect, or default has removed from the State leaving no known attachable property therein, so that service of process cannot be made upon him or her, an action founded in contract may be brought directly upon the recognizance or bond of the sheriff or high bailiff and his or her sureties by the party entitled thereto, without first bringing suit against the sheriff or high bailiff. In the action, the sureties may make any defense which their principal might have made if the action had been against him or her directly for the misconduct, neglect, or default.
12 V.S.A. § 2736 — VT Code / Title 12 / Chapter 111 / Section 2736
§ 2736. Penalty for not paying to creditor
Status: in_force

An officer who, on demand, does not pay to the creditor in an execution, his or her agent or attorney, such sums of money as he or she receives on the execution, shall forfeit to the person to whose use he or she received the same, 15 percent interest thereon, so long as he or she detains it after demand, to be recovered in an action of tort on this statute.
12 V.S.A. § 3985 — VT Code / Title 12 / Chapter 143 / Section 3985
§ 3985. Habeas corpus to bring respondent or witness into court
Status: in_force

Nothing in this chapter shall prevent a court from issuing a writ of habeas corpus, when necessary, to bring before it a prisoner for trial in a criminal cause pending in the court, or to be surrendered in discharge of bail, or examined as a witness in any action or proceeding, civil or criminal, pending in such court, when the personal attendance and examination of the witness is necessary in the administration of justice.
12 V.S.A. § 3580 — VT Code / Title 12 / Chapter 125 / Section 3580
§ 3580. Escapes-Jailer to keep prisoner
Status: in_force

The keeper of a jail shall safely keep a prisoner committed to his or her custody until discharged from imprisonment.
12 V.S.A. § 5664 — VT Code / Title 12 / Chapter 192 / Section 5664
§ 5664. Modification of award by arbitrators
Status: in_force

(a) An award may be modified by the arbitrators:

(1) on application of a party; or

(2) following submission to the arbitrators from a court, and under such conditions as the court may order.

(b) Modification may be made for the purpose of clarifying the award or upon the following grounds:

(1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award; or

(2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) the award is imperfect in a matter of form, not affecting the merits of the controversy.

(c) An application by a party for modification shall be made within 30 days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he or she must serve his or her objections thereto, if any, within 10 days from the notice. The award so modified or corrected is subject to being subsequently confirmed, modified, or vacated by a court.
12 V.S.A. § 7306 — VT Code / Title 12 / Chapter 221 / Section 7306
§ 7306. Noncooperation
Status: in_force

(a) No public agency or employee, appointee, officer or official, or any other individual acting on behalf of a public agency may knowingly provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any interstate or federal investigation or proceeding seeking to impose civil or criminal liability upon an individual or entity for:

(1) the provision, seeking or receipt of, or inquiring about legally protected health care activity that is legal in this State; or

(2) assisting any individual or entity providing, seeking, receiving, or responding to an inquiry about legally protected health care activity that is legal in this State.

(b) This section shall not apply to:

(1) any investigation or proceeding where the conduct subject to potential liability under the investigation or proceeding would be subject to liability under the laws of this State if committed in this State;

(2) any order issued by a Vermont State court or a federal court; or

(3) a public agency or employee, appointee, officer or official, or any other individual acting on behalf of a public agency who, in the course of normal business, is responding to a warrant or extradition demand on the good faith belief that the warrant or demand is valid in this State.
12 V.S.A. § 3070 — VT Code / Title 12 / Chapter 121 / Section 3070
§ 3070. Commissioners-Appointment
Status: in_force

When a person summoned as trustee in Superior Court appears and files a disclosure denying his or her liability, or submits such question to the court upon a statement of facts, the court in its discretion may, or upon application of the plaintiff, trustee, or claimant shall, appoint one or more commissioners, who shall hear the testimony adduced by the parties as to the trustee's liability or the right of the claimant, determine questions with reference thereto, and report to the court the facts with their decision thereon.
12 V.S.A. § 5665 — VT Code / Title 12 / Chapter 192 / Section 5665
§ 5665. Fees and expenses of arbitration
Status: in_force

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses incurred in the conduct of the arbitration, shall be paid as provided in the award. An arbitration award may direct the payment of attorney's fees if the parties have explicitly authorized the arbitrator to make such an award or if the award is based in whole or in part upon State or federal law which permits recovery of attorney's fees.
12 V.S.A. § 5244 — VT Code / Title 12 / Chapter 181 / Section 5244
§ 5244. Action on judgment for other breaches
Status: in_force

The judgment shall remain as a security to the plaintiff or his or her representatives for any other breaches which he or she afterward proves. From time to time he or she may bring an action on the judgment against the defendant or his or her representatives and assign other breaches. Thereupon damages shall be assessed and execution shall issue for the same, with costs.
12 V.S.A. § 5176 — VT Code / Title 12 / Chapter 179 / Section 5176
§ 5176. Sale and conveyance
Status: in_force

The commissioners shall sell the estate agreeably to the order and execute conveyances to the purchaser thereof, which shall be a complete bar against the owners and persons claiming under them.
12 V.S.A. § 2145 — VT Code / Title 12 / Chapter 85 / Section 2145
§ 2145. Action on receipt for property levied upon
Status: in_force

Costs shall not be allowed the plaintiff in an action founded upon a receipt given to an officer for property taken by virtue of a writ of execution, unless the defendant delays final judgment by obtaining a continuance or entering an appeal.
12 V.S.A. § 4932 — VT Code / Title 12 / Chapter 172 / Section 4932
§ 4932. Venue; joinder of parties; recording
Status: in_force

(a) Actions to foreclose a mortgage under subchapter 2 or 3 of this chapter shall be brought in the Civil Division of the Superior Court for the county where the land lies, or, if the land described in the mortgage lies in more than one county, then in one of the counties in which the land lies.

(b) The plaintiff shall file a copy of the complaint in the town clerk's office in each town where the mortgaged property is located. The clerk of the town shall minute on the margin of the record of the mortgage that a copy of foreclosure proceedings on the mortgage is filed. The filing shall be sufficient notice of the pendency of the action to all persons who acquire any interest or lien on the mortgaged premises between the dates of filing the copy of foreclosure and the recording of the final judgment in the proceedings. Without further notice or service, those persons shall be bound by the judgment entered in the cause and be foreclosed from all rights or equity in the premises as completely as though they had been parties in the original action.

(c) If the mortgaged property is subject to a residential rental agreement, as defined in 9 V.S.A. § 4451:

(1) The plaintiff shall join as a party defendant any person occupying the mortgaged property pursuant to a residential rental agreement as of the date the copy of the complaint is recorded in the land records. Service of the complaint on the tenant shall be sufficient if mailed to the tenant by first class mail at the address specified in the rental agreement, if the agreement is recorded, or to the “occupant” at the address of the leased premises if the agreement is not recorded.

(2) The summons and complaint served on any person occupying the premises pursuant to a residential rental agreement shall contain the following notice, written in at least 14-point type:

THE PROPERTY IN WHICH YOU LIVE IS BEING FORECLOSED UPON. YOU ARE NAMED AS A DEFENDANT IN THE FORECLOSURE BECAUSE YOUR RIGHT TO REMAIN ON THE PREMISES MAY END WHEN THE FORECLOSURE IS COMPLETED. YOU MUST NOTIFY THE COURT OF YOUR NAME AND ADDRESS IN ORDER TO BE KEPT INFORMED OF THE STATUS OF THE FORECLOSURE.

(3) Upon receipt of the complaint, the owner of the mortgaged property shall notify each tenant who enters into a residential rental agreement that the premises are the subject of a pending foreclosure action and that, in the event the owner is unable to redeem the premises, the tenant may be required to vacate the premises upon 30 days' notice, or upon such other notice as is required by federal law, whichever is longer. The failure of the owner to provide notice under this subsection shall not affect or invalidate the foreclosure action.

(d) All proceedings shall be before the Superior judge alone, and trial shall be without jury.
12 V.S.A. § 2902 — VT Code / Title 12 / Chapter 113 / Section 2902
§ 2902. Relation to other remedies
Status: in_force

The lien created by this chapter shall be in addition to and separate from any other remedy or interest created by law or contract. Any judgment lien filed on real property which has been attached in the suit in which the judgment is rendered shall relate back to the date of attachment if the judgment is recorded within 60 days after it becomes final.
12 V.S.A. § 4711 — VT Code / Title 12 / Chapter 167 / Section 4711
§ 4711. Declaratory judgment; scope
Status: in_force

Superior Courts within their jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding shall not be open to objection on the grounds that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect. Such declarations shall have the force and effect of a final judgment or decree.
12 V.S.A. § 554 — VT Code / Title 12 / Chapter 23 / Section 554
§ 554. Alien enemies in time of war
Status: in_force

When a person is disabled to prosecute an action by being a subject or citizen of a country at war with the United States, the time of the continuance of such war shall not be deemed part of the respective periods limited in this chapter for the commencement of actions.
12 V.S.A. § 5851 — VT Code / Title 12 / Chapter 211 / Section 5851
§ 5851. Affirmation
Status: in_force

In the administration of an oath, the word “swear” may be omitted, and the word “affirm” substituted, when the person to whom the obligation is administered is religiously scrupulous of swearing, or taking an oath in the prescribed form; and, in such case, the words “so help you God” may be omitted, and the words “under the pains and penalties of perjury” substituted; and a person so affirming shall be considered, for every legal purpose of privilege, qualification, or liability, as having been duly sworn.
12 V.S.A. § 4922 — VT Code / Title 12 / Chapter 171 / Section 4922
§ 4922. Mode of original process; no fine
Status: in_force

As in civil causes, the original process in such proceeding shall be by summons or attachment, and the person complained against shall not be fined.
12 V.S.A. § 3477 — VT Code / Title 12 / Chapter 125 / Section 3477
§ 3477. Warrant thereon
Status: in_force

Upon presentation of a bailpiece to a Superior judge, such magistrate shall issue to the surety a warrant directed to any sheriff or constable in the State, commanding him to assist such surety in apprehending the principal.
12 V.S.A. § 1040 — VT Code / Title 12 / Chapter 27 / Section 1040
§ 1040. Eminent domain; restrictions on use; conferring of private benefit; economic development
Status: in_force

(a) Notwithstanding any other provision of law, no governmental or private entity may take private property through the use of eminent domain if the taking is primarily for purposes of economic development, unless the property is taken pursuant to 24 V.S.A. chapter 85 (urban renewal).

(b) This section shall not affect the authority of an entity authorized by law to use eminent domain for the following purposes:

(1) transportation projects, including highways, airports, and railroads;

(2) public utilities, including entities engaged in the generation, transmission, or distribution of electric, gas, sewer and sewage treatment, or communication services;

(3) public property, buildings, hospitals, and parks; or

(4) water, wastewater, stormwater, flood control, drainage, or waste disposal projects.
12 V.S.A. § 2685 — VT Code / Title 12 / Chapter 111 / Section 2685
§ 2685. Continuance of subsequent attachments
Status: in_force

If attached property is encumbered by a prior attachment, the subsequent attachment shall continue after the removal of the encumbrance for such time as the Supreme Court may by rule provide for the continuance of attachments generally.
12 V.S.A. § 5871 — VT Code / Title 12 / Chapter 212 / Section 5871
§ 5871. Definitions
Status: in_force

As used in this chapter:

(1)(A) “Agritourism activity” means an interactive or passive activity that is carried out for recreational, entertainment, or educational purposes on a farm and includes farming, food production, historical, cultural, pick-your-own, and nature-based activities.

(B) “Agritourism activity” does not include lodging at a farm or shopping at a roadside farm stand or operation exclusively devoted to the sale of merchandise or food at retail.

(2) “Agritourism host” means a person who provides the facilities and equipment necessary to participate in an agritourism activity.

(3) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria established by the Required Agricultural Practices.

(4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).

(5) “Inherent risk” means any danger or condition that is an integral part of, or arises from, an agritourism activity, including:

(A) the propensity of a wild animal or domestic animal to behave in ways that may result in injury or death to persons on or near the wild animal or domestic animal;

(B) a hazard such as a surface or subsurface condition;

(C) a natural condition of land, vegetation, or waters;

(D) the ordinary dangers of structures or equipment used in farming; and

(E) the potential of a participant to act in a negligent way that may contribute to injury or death to the participant or others, such as failing to follow safety procedures or failing to act with reasonable caution while engaging in an agritourism activity.

(6)(A) “Participant” means any individual who is invited to observe or participate in an agritourism activity, regardless of whether the individual paid to observe or participate in the agritourism activity.

(B) “Participant” does not mean an individual who is paid to participate in an agritourism activity.
12 V.S.A. § 4989 — VT Code / Title 12 / Chapter 173 / Section 4989
§ 4989. Grantees may defend severally; jury trial
Status: in_force

When several grantees claim under the same grant, each may answer separately, denying the allegations in the complaint, or pleading performance of the conditions of the grant or asserting any equitable reason why the grant should not be forfeited. Issues of fact shall be tried by jury, and the jury may return a general or special verdict, except that issues raised by any equitable defense shall be determined by the presiding judge.
12 V.S.A. § 4722 — VT Code / Title 12 / Chapter 167 / Section 4722
§ 4722. Construction
Status: in_force

This chapter is declared to be remedial. Its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations and it is to be liberally construed and administered.
12 V.S.A. § 4931 — VT Code / Title 12 / Chapter 172 / Section 4931
§ 4931. Definitions
Status: in_force

As used in this chapter:

(1) “Agricultural activity” includes the growing, raising, and production of horticultural and silvicultural crops, grapes, berries, trees, fruit, poultry, livestock, grain, hay, and dairy products.

(2) “Dwelling house” means a residential structure or mobile home which contains one to four family housing units, or individual units of condominiums or cooperatives, other than a time-share in a unit, each of which is used or intended to be used as a residence. For the purposes of this subdivision, “time-share” means a time-share estate as defined by 32 V.S.A. § 3619(a).

(3) “Farmland” means land devoted primarily to commercial agricultural activities.

(4) “Value” means market value less all reasonable expenses that would be incurred in selling the property. Market value for purposes of this section may be determined based on evidence of market value deemed by the court to be reasonably reliable, which may include grand list valuation and the common level of appraisal used in the town where the property is located, if the court finds such evidence to be reasonably reliable.
12 V.S.A. § 3981 — VT Code / Title 12 / Chapter 143 / Section 3981
§ 3981. Bond
Status: in_force

The Supreme Court may order the person bringing such writ to file a bond with the Clerk of the Court, in such sum and with such sureties and conditions as it directs, to be given to the Clerk of the Court or to such person as the Court designates in the order, and may further order that, upon filing such bond, the person may go at large. The bond may be prosecuted for the benefit of any party interested.
12 V.S.A. § 4963 — VT Code / Title 12 / Chapter 172 / Section 4963
§ 4963. Publication of notice of sale
Status: in_force

Notice of a sale conducted pursuant to this subchapter shall be published once in each of three successive weeks, in a newspaper of general circulation in the town where the land lies, the first publication to be not less than 21 days before the day of sale.
12 V.S.A. § 3068 — VT Code / Title 12 / Chapter 121 / Section 3068
§ 3068. Disclosure before judge in Superior Court action
Status: in_force

A person summoned to appear before the Superior Court as trustee may appear before a Superior judge, competent to try causes between the parties, and with the consent of the parties, certified by such judge, make his or her written disclosure, upon oath. On its being filed with the clerk of the court, such trustee shall not be required to appear before the court, except for the purpose of explaining or correcting his or her disclosure, and the same proceedings shall be had as if taken in Superior Court.
12 V.S.A. § 4764 — VT Code / Title 12 / Chapter 169 / Section 4764
§ 4764. Recovery according to right
Status: in_force

On trial in an action of ejectment, the plaintiff shall recover on the merits, according to his or her right.
12 V.S.A. § 2808 — VT Code / Title 12 / Chapter 111 / Section 2808
§ 2808. Fraudulent conveyance of real estate-Application to Superior Court by levying creditors
Status: in_force

When an execution has been levied upon real estate as provided in this chapter and any part of the same has been conveyed away or encumbered or is held in fraud of the levying creditor's rights, he or she may maintain an action in the Superior Court for the satisfaction of his or her execution out of the real estate so conveyed or held, by a sale thereof, or otherwise, under the order of such court. Any number of creditors, though severally interested, may join in such action.
12 V.S.A. § 464 — VT Code / Title 12 / Chapter 23 / Section 464
§ 464. Actions specially limited by other provisions
Status: in_force

The provisions of this chapter shall not affect an action otherwise specially limited by law.
12 V.S.A. § 2136 — VT Code / Title 12 / Chapter 85 / Section 2136
§ 2136. Costs in Supreme and Superior Courts when nominal damages are recovered
Status: in_force

When the plaintiff in an action in Superior or Supreme Court recovers judgment for a nominal sum for debt or damages, in its discretion, the court may make such order in respect to plaintiff's costs as is equitable, but not to exceed his or her taxable costs.
12 V.S.A. § 5171 — VT Code / Title 12 / Chapter 179 / Section 5171
§ 5171. Notice by commissioners; oath; partition
Status: in_force

The commissioners shall give notice to each party interested or to his or her agent or attorney of the time when they will make such partition. Such commissioners shall be sworn and shall make partition of the estate by dividing and setting out to each owner his or her share thereof by metes and bounds.
12 V.S.A. § 4717 — VT Code / Title 12 / Chapter 167 / Section 4717
§ 4717. Review
Status: in_force

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
12 V.S.A. § 3149 — VT Code / Title 12 / Chapter 121 / Section 3149
§ 3149. Mortgagee not to sell attached property
Status: in_force

The mortgagee whose interest is so attached shall not sell or dispose of such property while the attachment is in force or while the liability of the trustee is undetermined or continues.
12 V.S.A. § 465 — VT Code / Title 12 / Chapter 23 / Section 465
§ 465. Limitations or waiving limitation of actions in contracts
Status: in_force

Except as otherwise provided by statute, any provision in a contract which limits the time in which an action may be brought under the contract or which waives the statute of limitations shall be null and void. (1961, No. 187.)
12 V.S.A. § 3252 — VT Code / Title 12 / Chapter 123 / Section 3252
§ 3252. Recording by clerk
Status: in_force

When a copy of a writ of attachment upon which personal property is attached is lodged in the office of a town clerk, he or she shall enter in a book to be kept by him or her, in alphabetical order, the names of the parties, the date of the writ, the time when and the court to which the same is returnable, and the amount demanded.
12 V.S.A. § 4924 — VT Code / Title 12 / Chapter 171 / Section 4924
§ 4924. Exceptions
Status: in_force

Section 4921 of this title shall not apply where a person, with or without force, holds over lands or tenements after the determination of the time for which the same were leased or demised, by a written lease or agreement accepted by the tenant or to a person holding under the lessee.
12 V.S.A. § 5795 — VT Code / Title 12 / Chapter 203 / Section 5795
§ 5795. Exceptions
Status: in_force

This chapter shall not apply to lands owned by a municipality or the State.
12 V.S.A. § 5172 — VT Code / Title 12 / Chapter 179 / Section 5172
§ 5172. Report; judgment
Status: in_force

Having made partition, the commissioners shall make return to the court of their doings, with a description of each portion of the estate set off, and a certificate of their having been sworn. Unless cause is shown, such report shall be accepted by the court and judgment rendered thereon.
12 V.S.A. § 1642 — VT Code / Title 12 / Chapter 61 / Section 1642
§ 1642. Impeachment of own witness
Status: in_force

When, in the opinion of the court, a witness produced by a party is adverse, such party, by leave of court, may prove that such witness has made statements inconsistent with his or her testimony. Before such proof is given, the attention of the witness shall be called to the occasion of such supposed statements and he or she be asked whether or not he or she has made the same.
12 V.S.A. § 5243 — VT Code / Title 12 / Chapter 181 / Section 5243
§ 5243. Damages in case of default
Status: in_force

When in an action designated in section 5242 of this title there is judgment for the plaintiff on a motion to dismiss or for summary judgment, default, or confession, the plaintiff may recover for as many breaches as he or she has pleaded the truth whereof shall be found. The damages shall be assessed and execution shall issue for those damages only with costs.
12 V.S.A. § 5804 — VT Code / Title 12 / Chapter 211 / Section 5804
§ 5804. Oath to be administered to petit jurors in criminal causes
Status: in_force

You solemnly swear or affirm that, without respect to persons or favor of any person, you will well and truly try and true deliverance make, between the State of Vermont and the defendant, whom you shall have in charge, according to the evidence given you in court and the laws of the State. So help you God, or under the penalty of perjury pursuant to the laws of the State of Vermont.
12 V.S.A. § 2810 — VT Code / Title 12 / Chapter 111 / Section 2810
§ 2810. Record of decree
Status: in_force

A copy of the final decree in the cause, certified by the clerk of the court, shall be recorded within 30 days from its rendition in the office where by law a deed of such real estate is required to be recorded.
12 V.S.A. § 1614 — VT Code / Title 12 / Chapter 61 / Section 1614
§ 1614. Victim and crisis worker privilege
Status: in_force

(a)(1) “Crisis worker” means an employee or volunteer who:

(A) provides direct services to victims of abuse or sexual assault for a domestic violence program or sexual assault crisis program incorporated or organized for the purpose of providing assistance, counseling, or support services;

(B) has undergone 20 hours of training;

(C) works under the direction of a supervisor of the program, supervises employees or volunteers, or administers the program; and

(D) is certified by the director of the program.

(2) A communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of services to the victim or those reasonably necessary for the transmission of the communication.

(b) A victim receiving direct services from a crisis worker has the privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made by the victim to the crisis worker, including any record made in the course of providing support, counseling, or assistance to the victim. The crisis worker shall be presumed to have authority to claim the privilege but only on behalf of the victim.
12 V.S.A. § 913 — VT Code / Title 12 / Chapter 25 / Section 913
§ 913. Effect of service outside the State
Status: in_force

(a) When process is served upon a party outside the State in such manner as the Supreme Court may by rule provide, the same proceedings may be had, so far as to affect the title or right to the possession of goods, chattels, rights, credits, land, tenements, or hereditaments in the State as if the process had been served on a party in the State.

(b) Upon the service, and if it appears that the contact with the State by the party or the activity in the State by the party or the contact or activity imputable to him or her is sufficient to support a personal judgment against him or her, the same proceedings may be had for a personal judgment against him or her as if the process or pleading had been served on him or her in the State.

(c) The provisions of subsection (b) of this section are in addition to all existing manner of service, rights, and remedies, and the availability of a personal judgment by reason of subsection (b) shall make the provisions of sections 855, 856, 891 and 892 of this title and 11 V.S.A. § 1630 alternative and not inoperative.
12 V.S.A. § 3123 — VT Code / Title 12 / Chapter 121 / Section 3123
§ 3123. Contract as to delivery; tender
Status: in_force

A person summoned as trustee, who has contracted to deliver specific personal property to the defendant at a certain time and place, shall not be compelled thereby to deliver it at any other time or place. He or she may tender it at the time and place mentioned in the contract, and shall retain possession thereof, subject to the order of the court in the trustee process, unless he or she has been previously adjudged a trustee on account thereof.
12 V.S.A. § 2798 — VT Code / Title 12 / Chapter 111 / Section 2798
§ 2798. Redemption when purchaser in possession; bond; writ of possession when debtor remains in possession
Status: in_force

When the purchaser has gone into possession and the debtor wishes to redeem the premises, he or she may tender to the purchaser the amount of the purchase money less the sum due for the rents and profits, with a bond in such sum as the clerk or magistrate shall adjudge reasonable, conditioned to pay what shall be found due the purchaser over the sum tendered and the rents and profits aforesaid, and may have immediate possession of the premises on the tender of the money and bond aforesaid. When the debtor gives his or her bond and remains in possession of the premises, the purchaser may have his or her writ of possession for such premises at the expiration of six months.
12 V.S.A. § 5531 — VT Code / Title 12 / Chapter 187 / Section 5531
§ 5531. Rules governing procedure
Status: in_force

(a) The Supreme Court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such Court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $10,000.00. Small claims proceedings shall be limited in accord with this chapter and the procedures made available under those rules. The procedure shall not be exclusive but shall be alternative to the formal procedure begun by the filing of a complaint.

(b) Parties may not request claims for relief other than money damages under this chapter. Nor may parties split a claim in excess of $10,000.00 into two or more claims under this chapter.

(c) In small claims actions where the plaintiff makes a claim for relief greater than $3,500.00, the defendant shall have the right to request a special assignment of a judicial officer. Upon making this request, a Superior judge or a member of the Vermont bar appointed pursuant to 4 V.S.A. § 22(b) shall be assigned to hear the action.

(d) Venue in small claims actions shall be governed by section 402 of this title.

(e) Notwithstanding this section or any other provision of law, the small claims court shall not have jurisdiction over actions for collection of any debt greater than $5,000.00 arising out of:

(1) a consumer credit transaction as defined in 15 U.S.C. § 1679a; or

(2) medical debt as defined in 18 V.S.A. § 9481.
12 V.S.A. § 4720 — VT Code / Title 12 / Chapter 167 / Section 4720
§ 4720. Costs
Status: in_force

In any proceedings under this chapter, the court may make such award of costs as may seem equitable and just.
12 V.S.A. § 3251 — VT Code / Title 12 / Chapter 123 / Section 3251
§ 3251. Attachment or levy of execution by filing
Status: in_force

When personal property is taken upon a writ of attachment or execution, the officer serving such process may lodge a copy of the same, with his or her return, in the office or offices proper for the filing of a financing statement to perfect a security interest in such property under 9A V.S.A. § 9-401. Such lodgment shall hold the property against all subsequent sales, attachments, or executions as if it had been actually removed and taken into the possession of the officer, and different officers thereafter may serve in like manner other writs of attachment or execution so as to create a valid subordinate lien upon the same property. Where such process is required by this section to be lodged in any office other than that of the town clerk in the town where the property is found, it shall be sufficient if the officer sends a copy of the process by registered or certified mail, return receipt requested, to the appropriate office.
12 V.S.A. § 517 — VT Code / Title 12 / Chapter 23 / Section 517
§ 517. Taxes paid under protest
Status: in_force

An action to recover money paid under protest for taxes shall be commenced within one year after the cause of action accrues, and not after.
12 V.S.A. § 5188 — VT Code / Title 12 / Chapter 179 / Section 5188
§ 5188. Death or nonjoinder of part owner
Status: in_force

An action for the partition of real estate shall not be dismissed or proceedings thereon suspended in consequence of the death of an owner or person interested in the estate, or because all the parties interested in the estate are not named in the complaint. In the event of the death of an owner or person interested in the estate, that owner's right or share shall be set off to his or her legal representatives. If all the parties interested in the estate are not named in the complaint, every such party not named in the complaint shall have his or her name entered therein and his or her right or share set off and allotted to him or her in proportion to his or her interest in the estate.
12 V.S.A. § 3086 — VT Code / Title 12 / Chapter 121 / Section 3086
§ 3086. Judgment for costs of discharged trustee
Status: in_force

When the trustee is discharged, he or she shall recover judgment against the plaintiff for his or her costs and charges and have execution therefor.
12 V.S.A. § 2735 — VT Code / Title 12 / Chapter 111 / Section 2735
§ 2735. Application of proceeds
Status: in_force

The monies arising from such sales shall be applied to the payment of the charges and the satisfaction of the execution. The officer shall pay on demand the residue, if any, to the debtor.
12 V.S.A. § 3150 — VT Code / Title 12 / Chapter 121 / Section 3150
§ 3150. Purchaser's title in property sold on execution
Status: in_force

Property so attached may be sold upon an execution issuing by reason of a judgment rendered against the trustee, either in the original action or in an action on a judgment rendered in the original action, and the title and interest of the mortgagor, mortgagee, or other person to and in such property shall pass to the purchaser of the property as such sale.
12 V.S.A. § 5180 — VT Code / Title 12 / Chapter 179 / Section 5180
§ 5180. Pay for improvements
Status: in_force

When improvements have been made after the first partition on the share which it set off by such new partition, the party who made such improvements shall have reasonable satisfaction from the owner to whose share the same is added, to be estimated by the commissioners making such new partition, and the court may issue execution therefor.
12 V.S.A. § 3080 — VT Code / Title 12 / Chapter 121 / Section 3080
§ 3080. Execution against trustee
Status: in_force

When a person is adjudged trustee on account of money due the defendant at the time judgment is rendered, the court shall determine the amount which the trustee shall pay on such judgment, and execution may issue directly against the goods, chattels, or estate of the trustee for the same. When execution issues against the defendant, the amount of the judgment against the trustee shall be certified thereon.
12 V.S.A. § 3974 — VT Code / Title 12 / Chapter 143 / Section 3974
§ 3974. Remand of prisoner
Status: in_force

When the prisoner is lawfully imprisoned or restrained or is not entitled to be released on bail, he or she shall be remanded to the person from whose custody he or she was taken or to such other person or officer as by law is authorized to detain him or her.
12 V.S.A. § 461 — VT Code / Title 12 / Chapter 23 / Section 461
§ 461. Actions by State
Status: in_force

The limitations prescribed in this chapter for the commencement of actions shall apply to the same actions when brought in the name of the State, or otherwise, for the benefit of the State, as in actions brought by citizens.
12 V.S.A. § 3581 — VT Code / Title 12 / Chapter 125 / Section 3581
§ 3581. Liability for escapes
Status: in_force

Such keeper shall be liable for escapes made from such jail.
12 V.S.A. § 855 — VT Code / Title 12 / Chapter 25 / Section 855
§ 855. Doing business as appointment of process agent
Status: in_force

If the contact with the State or the activity in the State of a foreign business organization, or the contact or activity imputable to it, is sufficient to support a Vermont personal judgment against it, the contact or activity shall be deemed to be doing business in Vermont by that foreign organization and shall be equivalent to the appointment by it of the Secretary of the State of Vermont and the Secretary's successors to be its true and lawful attorney upon whom may be served all lawful process in any action or proceedings against it arising or growing out of that contact or activity, and also shall be deemed to be its agreement that any process against it that is so served upon the Secretary of State shall be of the same legal force and effect as if served on the foreign corporation at its principal place of business in the state or country where it is incorporated according to the law of that state or country.
12 V.S.A. § 3578 — VT Code / Title 12 / Chapter 125 / Section 3578
§ 3578. Pleading privilege from arrest
Status: in_force

(a) When a person is privileged from arrest on execution so informs the officer at the time the arrest is made and claims his or her privilege, the giving of a jail bond shall not be deemed a waiver thereof but the facts shall be sufficient defense to an action for breach of condition of the bond.

(b) The person making the arrest shall state in his or her return of service of the execution that the person arrested made known to him or her and claimed his or her privilege from arrest.
12 V.S.A. § 5675 — VT Code / Title 12 / Chapter 192 / Section 5675
§ 5675. Appointment of arbitrators
Status: in_force

(a) On application of a party, a court shall appoint one or more arbitrators if:

(1) the arbitration agreement does not provide for a method of appointment; or

(2) the agreed method fails or for any reason cannot be followed; or

(3) an appointed arbitrator fails or is unable to act and his or her successor has not been duly appointed.

(b) If the arbitration agreement provides a method of appointment of arbitrators, that method shall be followed.

(c) An arbitrator appointed by the court has all of the powers of an arbitrator appointed under an agreement.
12 V.S.A. § 4811 — VT Code / Title 12 / Chapter 169 / Section 4811
§ 4811. When and for what maintainable
Status: in_force

When the plaintiff commences an action of ejectment, the defendant shall counterclaim for the value of the improvements made upon the land by him or her or by those under whom he or she claims, if he or she or his or her predecessors in title purchased the land recovered in the action, supposing the title to be good in fee at the time of the purchase, or if he or she or his or her predecessors in title took a lease of the land supposing that lease to convey the title and interest therein expressed at the time the lease was accepted. Recovery on the counterclaim shall be contingent on the plaintiff's recovery on the claim for ejectment. The increase in the value of the land in consequence of betterments so made shall be held to be the value of the betterments.
12 V.S.A. § 4762 — VT Code / Title 12 / Chapter 169 / Section 4762
§ 4762. When judgment shall not prejudice landlord
Status: in_force

When the plaintiff neglects to join the landlord, if any, with the tenant in such action, or by collusion with the tenant recovers judgment against him or her for the seisin of lands, such landlord shall not be prejudiced thereby, but shall be held to have the prior possession in a trial thereafter had of his or her right to such lands against the person so recovering, or a person deriving claim from him or her.
12 V.S.A. § 3521 — VT Code / Title 12 / Chapter 125 / Section 3521
§ 3521. Imprisonment for debt abolished
Status: in_force

No person shall be arrested or imprisoned on mesne process. No person shall be arrested or imprisoned on an execution or by other means to enforce a judgment in any civil action for money damages. Notwithstanding the provisions herein, the court shall have full power to punish for contempt.
12 V.S.A. § 4766 — VT Code / Title 12 / Chapter 169 / Section 4766
§ 4766. Effect of judgment
Status: in_force

While remaining in force, the judgment recovered in an action of ejectment shall be conclusive against the parties thereto, their heirs, and assigns.
12 V.S.A. § 122 — VT Code / Title 12 / Chapter 5 / Section 122
§ 122. Superior judge or Superior Court
Status: in_force

When a party violates an order made against him or her in a cause brought to or pending before a Superior judge or a Superior Court after service of the order upon that party, contempt proceedings may be instituted against him or her before the court or any Superior judge. When, in a cause no longer on the docket of the court, the proceedings are brought before a Superior judge, that judge forthwith shall order the cause to be brought forward on the docket of the court and may issue concurrently with the order a summons or capias against the party. The issuing of the summons or capias and any further proceedings thereon shall be minuted on the docket.
12 V.S.A. § 3171 — VT Code / Title 12 / Chapter 121 / Section 3171
§ 3171. Service of order; liability of trustee
Status: in_force

(a) The order shall be served on the trustee at the request of the judgment creditor, and shall state the address of the judgment creditor to which amounts withheld are to be delivered, and the following warnings:

(1) no employee may be discharged from employment on account of trustee process issued against earnings;

(2) failure to withhold and deliver non-exempt earnings as directed herein may make you liable to the judgment creditor for the amounts you fail to withhold and deliver together with any costs, interest, and reasonable attorneys' fees incurred in their collection.

(b) Any employer who fails to honor the order of the court shall be liable to the judgment creditor in the amounts that employer has failed to withhold and deliver together with any costs, interest, and reasonable attorneys' fees incurred in their collection. The judgment debtor shall have no additional liability for those costs, interest, or attorneys' fees.

(c) As soon as reasonably practicable, the trustee shall notify the court and the judgment creditor of termination of the judgment debtor's employment.

(d) Upon full satisfaction or payment of the debt upon which the judgment is based, the judgment creditor forthwith shall notify the employer of the judgment debtor, in writing, and the employer shall thereafter cease withholding from the earnings of the judgment debtor.
12 V.S.A. § 4 — VT Code / Title 12 / Chapter 1 / Section 4
§ 4. Review by legislative committee
Status: in_force

(a) The Legislative Committee on Judicial Rules, by majority vote of the entire Committee, may object to proposed rules or amendments and recommend that the Court or the Commission amend or withdraw the proposal. The Court or the Commission shall be notified promptly of the objections. The Court or the Commission may respond in writing to the Committee. After receipt of a response, the Committee may withdraw or modify its objections.

(b) The Committee shall report on each proposal with the Committee's recommendations annually to the General Assembly on or before January 10.
12 V.S.A. § 5246 — VT Code / Title 12 / Chapter 181 / Section 5246
§ 5246. Bond of sheriff and high bailiff-action by a creditor after execution returned unsatisfied
Status: in_force

When judgment is rendered against a sheriff or high bailiff for official misconduct, neglect, or default and execution on the judgment is returned unsatisfied or the defendant is committed to jail thereon, the creditor in the execution may bring an action, in his or her own name and right, on the recognizance or bond entered into by the sheriff or high bailiff and his or her sureties for the faithful performance of the duties of his or her office in the Superior Court of the county where the recognizance or bond was taken.
12 V.S.A. § 4855 — VT Code / Title 12 / Chapter 169 / Section 4855
§ 4855. Close jail execution, when not to issue
Status: in_force

When such judgment includes rent for the use of leased premises prior to the giving of notice to quit, the court shall not certify on an execution issued thereon that the cause of action arose from the willful and malicious act and neglect of the defendant, and that the defendant ought to be confined in close jail.
12 V.S.A. § 5604 — VT Code / Title 12 / Chapter 189 / Section 5604
§ 5604. Payment
Status: in_force

(a) Any award made or compromise or settlement against the State of Vermont agreed upon by the Attorney General shall be paid by the State Treasurer out of the appropriations of the department concerned. In the event an award is made or a compromise or settlement is agreed upon as the result of the acts or omissions of a State employee not connected with or employed by any agency, such award shall be paid by the State Treasurer out of the Treasury, and the Emergency Board shall reimburse the State Treasurer therefor from time to time.

(b) If the State elects to self-insure for liability as defined in 12 V.S.A. § 5601, any award, compromise, or settlement against the State of Vermont agreed to by the Attorney General shall be paid by the Treasurer from the liability self-insurance fund.

(c) To the extent that an award, settlement, or compromise is covered by a policy of liability insurance, payment will be governed by the terms of the policy.
12 V.S.A. § 698 — VT Code / Title 12 / Chapter 25 / Section 698
§ 698. Special deputations
Status: in_force

(a) The sheriff may depute a proper person to serve a writ at the risk of the plaintiff in such writ by indorsing thereon a special deputation, and, when he or she deems it necessary, may depute some person to serve a warrant in a criminal cause or any other precept by indorsing a special deputation on such writ or precept.

(b) Such special deputy shall make oath to his or her service and return and that he or she did not make or alter the writ, warrant, or precept by him or her served. He or she shall cause to be indorsed thereon a certificate of such oath. Service so made shall be as valid as if made by the sheriff.
12 V.S.A. § 3138 — VT Code / Title 12 / Chapter 121 / Section 3138
§ 3138. Representative to pay on execution if trustee dies after judgment
Status: in_force

When the person originally summoned as trustee dies after judgment in the original action, his or her executor or administrator shall pay on the execution such sum as he or she would have been required to pay, if the amount for which such deceased person was adjudged trustee had been a legal debt against his or her estate.
12 V.S.A. § 2362 — VT Code / Title 12 / Chapter 101 / Section 2362
§ 2362. Recognizance on petition to enter an appeal
Status: in_force

A petition to enter an appeal shall not issue until a Justice of the Supreme Court, the presiding judge, or a district judge of the court having jurisdiction of the same, as the case may be, has taken sufficient security by way of recognizance to the adverse party, which shall be minuted on the summons or petition, conditioned that, if the petitioner fails to prosecute his or her petition to effect or finally to recover in the action, he or she will pay the adverse party the intervening damages and costs accruing to him or her by reason of such petition.
12 V.S.A. § 5181 — VT Code / Title 12 / Chapter 179 / Section 5181
§ 5181. Fees of commissioners-how fixed and paid
Status: in_force

When partition is made of real estate under this chapter, the commissioners shall be allowed such sum for their services and expenses as the court judges reasonable, which shall be paid by the parties as directed by the court. The costs allowed the plaintiff shall be paid by the owners of the estate in proportion to their respective rights therein.
12 V.S.A. § 3479 — VT Code / Title 12 / Chapter 125 / Section 3479
§ 3479. Commitment of principal
Status: in_force

The officer apprehending the principal may commit him to jail in the county in which he was arrested on the original process or in the county in which the process is pending, agreeably to the direction in the warrant. Such commitment shall be considered as a commitment on the original process, if the same is pending.
12 V.S.A. § 4964 — VT Code / Title 12 / Chapter 172 / Section 4964
§ 4964. Recording
Status: in_force

The mortgagee shall record the notice of sale in the land records of the town or city where the land lies not less than 60 days prior to the sale. The filing of the notice of the sale shall be in lieu of filing a foreclosure complaint under section 4932 of this title and shall be sufficient notice of the pendency of the nonjudicial foreclosure by power of sale to all persons who acquire any interest or lien in the mortgaged property between the dates of recording the notice of sale and recording the foreclosure deed. Without further notice or service, those persons shall be bound by the power of sale and the foreclosure deed and shall be foreclosed from all rights or equity in the mortgaged property.
12 V.S.A. § 3571 — VT Code / Title 12 / Chapter 125 / Section 3571
§ 3571. Place of commitment
Status: in_force

When a person authorized to serve process is required by law to commit a person to jail, such commitment shall be in the county where the arrest is made, unless otherwise required by law. If there is not a legal jail in the county, the commitment shall be made in an adjoining county in which there is a legal jail.
12 V.S.A. § 5666 — VT Code / Title 12 / Chapter 192 / Section 5666
§ 5666. Hearing
Status: in_force

Unless otherwise provided by the agreement:

(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives all objections to notice.

(2) The arbitrators may adjourn the hearing from time to time as necessary. On request of a party and for good cause, or upon their own motion, the arbitrators may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date.

(3) The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.

(4) The parties are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

(5) The hearing shall be conducted by all the arbitrators but the majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
12 V.S.A. § 7304 — VT Code / Title 12 / Chapter 221 / Section 7304
§ 7304. Testimony and documents
Status: in_force

(a) Notwithstanding any other provision in this title or court rule to the contrary, except as required by federal law, a court shall not order a person who is domiciled or found within this State to give testimony or a statement or produce documents or other things with any proceeding in a tribunal outside this State concerning abusive litigation involving legally protected health care activity.

(b) Any aggrieved person, provider, payer, or other entity, including any defendant in abusive litigation, may move to modify or quash any subpoena issued in connection with such abusive litigation on any grounds provided by court rule, statute, or on the grounds that the subpoena is inconsistent with the public policy of this State.
12 V.S.A. § 7151 — VT Code / Title 12 / Chapter 217 / Section 7151
§ 7151. Emancipated minor; definition; criteria
Status: in_force

(a) As used in this chapter:

(1) “Emancipated minor” means a minor who:

(A) has entered into a valid civil marriage prior to July 1, 2023, whether or not such civil marriage was terminated by dissolution;

(B) is on active duty with any of the U.S. Armed Forces; or

(C) has been ordered emancipated pursuant to section 7155 of this title.

(2) “Risk of harm” means a significant danger that a child will suffer serious harm other than by accidental means, which would be likely to cause physical injury, neglect, emotional maltreatment, or sexual abuse.

(b) In order to become an emancipated minor by court order under this chapter, a minor at the time of the order must be a person who:

(1) Is 16 years of age or older but under the age of majority.

(2) Has lived separate and apart from the minor's parents, custodian, or legal guardian for three months or longer.

(3) Is managing the minor's own financial affairs.

(4) Has demonstrated the ability to be self-sufficient in the minor's financial and personal affairs, including proof of employment or the minor's other means of support. “Other means of support” does not include general assistance, Reach Up financial assistance, or relying on the financial resources of another person who is receiving such assistance or aid.

(5) Holds a high school diploma or its equivalent or is earning passing grades in an educational program approved by the court and directed toward the earning of a high school diploma or its equivalent.

(6) Is not under a legal guardianship or in the custody of the Commissioner for Children and Families.

(7) Is not under the supervision or in the custody of the Commissioner of Corrections.
12 V.S.A. § 4935 — VT Code / Title 12 / Chapter 172 / Section 4935
§ 4935. Taxes paid by mortgagee
Status: in_force

A tax assessed upon mortgaged real estate in this State may be paid by the mortgagee or assignee of the mortgage upon such property. The amount so paid, including costs, if any, shall thereupon be added to and become a part of the debt or obligation secured by such mortgage.
12 V.S.A. § 5901 — VT Code / Title 12 / Chapter 213 / Section 5901
§ 5901. Forms prescribed; alterations
Status: in_force

The forms of writs set out in this chapter, in the several courts of this State, and other proceedings, shall, as near as circumstances will admit, be adopted and used, and shall be sufficient in law; but alterations may be made and allowed by the courts when necessary to adapt them to changes in the law.
12 V.S.A. § 3953 — VT Code / Title 12 / Chapter 143 / Section 3953
§ 3953. Authority to grant writ; complaint
Status: in_force

Such writ may be granted by a Superior judge, or by Superior Court during its sitting, in the county where such person is imprisoned, on application by complaint in writing signed by the party for whose relief it is intended or by some person in his or her behalf, stating the person by whom and the place where the party is imprisoned or restrained, naming the prisoner and the person detaining him or her, if their names are known, and describing them, if they are not known, and stating also the cause or pretense of such imprisonment or restraint, according to the knowledge and belief of the person applying. The petitioner or the State may appeal from the decision on the petition to the Supreme Court under chapter 102 of this title.
12 V.S.A. § 3979 — VT Code / Title 12 / Chapter 143 / Section 3979
§ 3979. Confinement for contempt-Issuance and return of writ
Status: in_force

When a person disobeys the order, decree, judgment, or process of a court or a magistrate thereof, or is guilty of a contempt of such court or magistrate, and in consequence is imprisoned or confined by the order or judgment of such court or magistrate, such person shall be entitled to his or her writ of habeas corpus, returnable to the Supreme Court.
12 V.S.A. § 3333 — VT Code / Title 12 / Chapter 123 / Section 3333
§ 3333. Costs when plaintiff recovers in full
Status: in_force

When the plaintiff recovers final judgment for his or her whole debt or claim, he or she may have execution against such creditor for nominal damages and the costs that accrue in the cause after he or she so enters.
12 V.S.A. § 524 — VT Code / Title 12 / Chapter 23 / Section 524
§ 524. Actions based on residential building energy standards
Status: in_force

(a) Except in the case of fraud, an action under 30 V.S.A. § 51(g) shall be commenced within six years after the cause of action accrues, and not after.

(b) The cause of action shall be deemed to accrue as of the date of the recording of a copy of the certificate in the town land records, the date of filing with the Department of Public Service, or the date of occupancy, whichever comes first.

(c) This section shall apply only to actions under 30 V.S.A. § 51(g), and shall not be construed to affect other rights and remedies provided by statute or common law.
12 V.S.A. § 3146 — VT Code / Title 12 / Chapter 121 / Section 3146
§ 3146. Mortgagor of personal property summoned as trustee of mortgagee-Mortgagee defined
Status: in_force

The word “mortgagee” as used in sections 3147-3152 of this title shall be construed to mean the mortgagee, assignee of the mortgagee, or other person holding his or her interest.
12 V.S.A. § 401 — VT Code / Title 12 / Chapter 21 / Section 401
§ 401. Supreme Court
Status: in_force

Actions in the Supreme Court shall be brought before one of the stated terms thereof at the place designated by law for holding the same.
12 V.S.A. § 3170 — VT Code / Title 12 / Chapter 121 / Section 3170
§ 3170. Exemptions; issuance of order
Status: in_force

(a) No order approving the issuance of trustee process against earnings shall be entered against a judgment debtor who was, within the two-month period preceding the hearing provided in section 3169 of this title, a recipient of assistance from the Vermont Department for Children and Families or the Department of Vermont Health Access. The judgment debtor must establish this exemption at the time of hearing.

(b) The earnings of a judgment debtor shall be exempt as follows:

(1) 75 percent of the debtor's weekly disposable earnings, or 30 times the federal minimum hourly wage, whichever is greater; or

(2) if the judgment debt arose from a consumer credit transaction, as that term is defined by 15 U.S.C. § 1602 and implementing regulations of the Federal Reserve Board, 85 percent of the debtor's weekly disposable earnings, or 40 times the federal minimum hourly wage, whichever is greater; or

(3) if the court finds that the weekly expenses reasonably incurred by the debtor for his or her maintenance and that of dependents exceed the amounts exempted by subdivisions (1) and (2) of this subsection, such greater amount of earnings as the court shall order.

(c) After hearing, the court shall enter an appropriate order, which may provide for repetitive withholding from earnings, and which may, upon motion, be modified from time to time. The order shall state that section 3172 of this title prohibits discharge of the employee subject to the order because of the exercise of trustee process against the employee.

(d) Any waiver of the provisions of subsection (b) of this section shall be void.
12 V.S.A. § 5651 — VT Code / Title 12 / Chapter 192 / Section 5651
§ 5651. Short title
Status: in_force

This chapter may be cited as the Vermont Arbitration Act.
12 V.S.A. § 3134 — VT Code / Title 12 / Chapter 121 / Section 3134
§ 3134. Costs
Status: in_force

When such claimant is so admitted, the court, in its discretion, may award costs between such claimant and the attaching creditor and the alleged trustee, or either such creditor or trustee, as justice may require.
12 V.S.A. § 3077 — VT Code / Title 12 / Chapter 121 / Section 3077
§ 3077. Payments by trustee after service
Status: in_force

When, after service on the trustee but before he or she has knowledge thereof, he or she, in good faith, makes payment or becomes liable to a third person on account of the goods, effects, or credits in his or her hands or delivers the same to the defendant or to any other person entitled thereto, he or she shall be allowed therefor as if the payment or delivery had been made or the liability incurred, before the service of the process on him or her.
12 V.S.A. § 61 — VT Code / Title 12 / Chapter 3 / Section 61
§ 61. Disqualification for interest
Status: in_force

(a) A Justice of the Supreme Court, judge, juror, or other person shall not act in a judicial capacity in or as trier of a cause or matter in which he or she has been retained or acted as an attorney or counsel, or is interested in the event of such cause or matter, or is related to either party, if a natural person, within the fourth degree of consanguinity or affinity, or if a corporation, to any officer, director, trustee, or agent thereof within such degree; nor shall he or she be permitted to appear as attorney or counsel in a cause in which he or she has acted in such capacity or as trier; but he or she shall not be disqualified from so acting in a cause or matter in which a railroad corporation is a party by reason of being a taxpayer in a town which owns stock in such railroad corporation.

(b) A Justice of the Supreme Court or a judge shall not be disqualified from acting in a judicial capacity in a cause in which a county, town, village, or school district is a party or interested by reason of being a taxpayer or resident in such corporation.

(c) A Superior judge or Justice of the Supreme Court shall not be disqualified to act in his or her official capacity in any matter in which a municipality, a life, fire, or accident insurance company is a party in interest by reason of being a resident or taxpayer in such municipality or a policy holder in such insurance company.

(d) Membership in a domestic mutual fire insurance corporation shall not disqualify a Superior judge to take jurisdiction of a cause wherein such corporation is a party.

(e) A petit juror shall be disqualified from sitting as such in a case where a municipality is a party, if such juror is a resident or taxpayer of such municipality.

(f) A juror who is a policy holder in any cooperative or mutual insurance company shall not by reason thereof be disqualified as a juror in a cause where such cooperative or mutual insurance company is a party, or is interested in the outcome thereof by reason of being an insurer of any of the parties in such cause.
12 V.S.A. § 4921 — VT Code / Title 12 / Chapter 171 / Section 4921
§ 4921. Entry or detainer without force-complaint; trial; writ of restitution
Status: in_force

When a person wrongfully and without force obtains or continues in possession of lands or tenements, and does not quit such possession after demand made in writing for the delivery of the possession thereof by the person entitled to such possession or his or her agent or attorney, upon complaint thereof in writing to a district judge, the judge shall hear and determine the same as in cases of forcible entry and detainer, and issue a writ of restitution accordingly.
12 V.S.A. § 3572 — VT Code / Title 12 / Chapter 125 / Section 3572
§ 3572. Manner of commitment
Status: in_force

The officer committing a prisoner shall deliver him or her to the keeper of the jail, within the same, and give the keeper an attested copy of the process on which the commitment is made, with his or her return thereon.
12 V.S.A. § 5723 — VT Code / Title 12 / Chapter 194 / Section 5723
§ 5723. Application to existing agreements or referrals
Status: in_force

(a) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after July 1, 2006.

(b) On or after July 1, 2008, this chapter governs an agreement to mediate whenever made.
12 V.S.A. § 5371 — VT Code / Title 12 / Chapter 183 / Section 5371
§ 5371. Writs; court to which returnable
Status: in_force

Writ of replevin in actions under the provisions of sections 5321 and 5331 of this title shall issue out of the court to which returnable. If the value of the property to be replevied is $5,000.00 or less, the writ may be returnable to any court; if the value of the property exceeds $5,000.00, the writ shall be returnable to a Superior Court.
12 V.S.A. § 3074 — VT Code / Title 12 / Chapter 121 / Section 3074
§ 3074. Disclosure not evidence in a prosecution
Status: in_force

The disclosure upon oath of a trustee in any action in which he or she is summoned shall not be used as evidence to prove any fact therein stated, in a prosecution against him or her for a crime or penalty.
12 V.S.A. § 1693 — VT Code / Title 12 / Chapter 63 / Section 1693
§ 1693. Weather record
Status: in_force

A copy of the record of weather observations, taken under the direction of any department of the U.S. government, may be received in evidence in a civil cause in any court, if certified under oath by the officer in charge thereof at the place where the same was taken and kept. Such certified copy shall be prima facie evidence of the facts stated therein.
12 V.S.A. § 2800 — VT Code / Title 12 / Chapter 111 / Section 2800
§ 2800. Certificate of redemption
Status: in_force

When the debtor redeems the premises, the clerk or magistrate shall give him or her a certificate of such redemption, at his or her expense, which, if recorded on the margin of the record of such sale, shall be full evidence that such land has been redeemed.
12 V.S.A. § 5431 — VT Code / Title 12 / Chapter 184 / Section 5431
§ 5431. Loss of consortium
Status: in_force

An action for loss of consortium may be brought by either spouse.
12 V.S.A. § 3973 — VT Code / Title 12 / Chapter 143 / Section 3973
§ 3973. Bail
Status: in_force

When the prisoner is detained for a bailable cause or offense, such court or magistrate shall admit him or her to bail, if a sufficient amount thereof is offered, and if not, shall remand him or her with an order fixing the sum in which he or she shall be held to bail, and the court at which he or she shall be required to appear. A judge of the Superior Court in the county where such prisoner is confined may admit him or her to bail pursuant to such order before the sitting of such court.
12 V.S.A. § 3140 — VT Code / Title 12 / Chapter 121 / Section 3140
§ 3140. Pending action against trustee-Action to proceed; continuance for judgment
Status: in_force

When the defendant is summoned as trustee of the plaintiff, during the pendency of an action, the first action may proceed so far as to ascertain by a verdict, award, or otherwise, what sum is due from the defendant. Such action shall not be delayed by the trustee process unless the court, for cause shown, continues the same for judgment until the termination of such trustee process or until the trustee is discharged.
12 V.S.A. § 1609 — VT Code / Title 12 / Chapter 61 / Section 1609
§ 1609. Admissibility of written statements
Status: in_force

In civil cases, a written statement of a witness, other than when required by law, shall not be admissible in any court proceeding, either as an admission or as impeaching evidence, unless the written statement is taken pursuant to the requirements for depositions that the Supreme Court may by rule provide, or unless, before offering the statement in evidence, the party offering the statement identifies the person and capacity of the person taking it and the circumstances under which it was taken. (1959, No. 262, § 39, eff. June 11, 1959; amended 1971, No. 185 (Adj. Sess.), § 48, eff. March 29, 1972.)
12 V.S.A. § 2683 — VT Code / Title 12 / Chapter 111 / Section 2683
§ 2683. Executions on judgments of District Courts; time
Status: in_force

Executions issued upon a judgment rendered by a District Court shall be made returnable within 60 days from the date thereof. Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment.
12 V.S.A. § 4818 — VT Code / Title 12 / Chapter 169 / Section 4818
§ 4818. Remedy against voucher
Status: in_force

Sections 4811-4817 of this title shall not deprive a person of cause of action against his or her voucher, and the voucher may present evidence, in mitigation of damages, of the recovery of the defendant for betterments.
12 V.S.A. § 1948 — VT Code / Title 12 / Chapter 81 / Section 1948
§ 1948. View of premises by jury
Status: in_force

When on the trial of a cause in the Superior Court for damages to real estate, or in an action in which the title to land is concerned, it is necessary that a view be had of the premises, on motion of either party, the court may grant such view at the expense of the party making the motion.
12 V.S.A. § 4721 — VT Code / Title 12 / Chapter 167 / Section 4721
§ 4721. Parties
Status: in_force

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard. If the statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General shall also be served with a copy of the proceeding and be entitled to be heard.
12 V.S.A. § 3690 — VT Code / Title 12 / Chapter 125 / Section 3690
§ 3690. Effect of discharge
Status: in_force

Upon taking such oath, the prisoner shall be discharged as other persons are discharged upon taking the poor debtor's oath, and shall thereafter be free from arrest or imprisonment upon an execution issued upon any judgment rendered in such bastardy proceedings or founded thereon. The judgment shall remain in force, and the plaintiff may have execution against his or her property for nonpayment of orders of court, or may sustain an action of contract thereon.
12 V.S.A. § 3137 — VT Code / Title 12 / Chapter 121 / Section 3137
§ 3137. Default for nonappearance after notice
Status: in_force

When, after notice, such executor or administrator does not appear, the plaintiff may take judgment against him or her by default, as if he or she had been summoned as trustee by an original process.
12 V.S.A. § 3015 — VT Code / Title 12 / Chapter 121 / Section 3015
§ 3015. Executor or administrator
Status: in_force

A debt or legacy due from an executor or administrator, and other goods, effects, or credits in his or her hands, may be attached by trustee process.
12 V.S.A. § 7303 — VT Code / Title 12 / Chapter 221 / Section 7303
§ 7303. Foreign judgments
Status: in_force

(a) In any action filed to enforce a foreign judgment issued in connection with abusive litigation concerning legally protected health care activity, the court shall not give any force or effect to any judgment issued without jurisdiction or due process or to any judgment that is penal in nature.

(b) Foreign judgments issued in connection with abusive litigation concerning legally protected health care activity shall be brought by filing a new and independent action on the judgment within five years after the rendition of the judgment, and not after.
12 V.S.A. § 5854 — VT Code / Title 12 / Chapter 211 / Section 5854
§ 5854. Oaths, administering by court clerks, justices, notaries, etc.; certification
Status: in_force

The Clerk of the Supreme Court, county clerks, justices of the peace, judges and registers of probate, judges and clerks of the Criminal Division of the Superior Court, notaries public and masters appointed by a Superior Court under an order of referee may administer oaths in all cases where an oath is required, unless a different provision is expressly made by law; and a notary public need not affix his or her official seal to a certificate of an oath administered by him or her. County clerks and clerks of the Criminal Division of the Superior Court may certify the oaths administered by them under the seal of the court.
12 V.S.A. § 2788 — VT Code / Title 12 / Chapter 111 / Section 2788
§ 2788. Notice to subsequent attaching or levying creditor
Status: in_force

When the real estate levied upon is subject to a subsequent attachment or levy, the officer shall give notice of such sale to the subsequent attaching or levying creditor in the same manner as provided for notice to the execution debtor in section 2787 of this title.
12 V.S.A. § 3085 — VT Code / Title 12 / Chapter 121 / Section 3085
§ 3085. Retention of property until costs paid
Status: in_force

When a person is adjudged trustee on account of specific articles of personal property, he or she shall not be obliged to deliver the same to the officer serving the execution until his or her costs and charges are fully paid or tendered.
12 V.S.A. § 3169 — VT Code / Title 12 / Chapter 121 / Section 3169
§ 3169. Hearing on motion; findings; order
Status: in_force

(a) At the hearing on the motion the court shall determine on the basis of the motion and any affidavit of the judgment creditor, the record in the civil action and any testimony offered by either party, and by the trustee whether the judgment debtor has neglected or refused to pay or make reasonable arrangements to pay the money judgment in question. If the court so finds, it shall also determine:

(1) the amount of the judgment unpaid;

(2) the amount of the judgment debtor's weekly disposable earnings;

(3) whether the judgment debtor has been a recipient of assistance from the Vermont Department for Children and Families or the Department of Vermont Health Access within the two months preceding the date of the hearing; and

(4) the weekly expenses reasonably incurred for maintenance of the debtor and dependents, and it shall enter an order approving the issuance of trustee process against earnings in accordance with, and subject to the provisions of section 3170 of this title.

(b) For the purposes of sections 3167-3172 of this title:

(1) The term “earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.

(2) The term “earnings” also means proceeds from the sale of milk with respect to an individual engaged in the occupation of dairy farming.

(3) The term “disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
12 V.S.A. § 405 — VT Code / Title 12 / Chapter 21 / Section 405
§ 405. District Court
Status: in_force

Writs in the District Court shall be returnable as ordered by the Supreme Court either at the principal office or the circuit office of the District Court in the territorial unit where one of the parties resides, if either party is an inhabitant in the State, or where the cause of action arose. The place of trial in the District Court shall be within the territorial unit to which the writ is returnable and as near as possible to the town where one of the parties resides, giving preference to the plaintiff. If default occurs, judgment may be rendered at the place where the writ is returnable.
12 V.S.A. § 5184 — VT Code / Title 12 / Chapter 179 / Section 5184
§ 5184. Purchase by or for commissioners prohibited
Status: in_force

A commissioner, or other person in trust for him or her, shall not become a purchaser at a sale under this chapter.
12 V.S.A. § 700 — VT Code / Title 12 / Chapter 25 / Section 700
§ 700. Completion of service of process or foreclosure of mortgage or lien
Status: in_force

When an officer who by law may serve process dies, becomes ill, disqualified, or incapacitated, having in his or her hands any process for service, or any chattel mortgage or conditional sale lien for foreclosure, any other officer who may by law serve such process or make such foreclosure and who has a knowledge of the facts may certify the proceedings thereon of such original officer, and make or complete such service or foreclosure, as the case may be
12 V.S.A. § 3957 — VT Code / Title 12 / Chapter 143 / Section 3957
§ 3957. Signing of writ
Status: in_force

When the writ is issued by the Superior Court, it shall be signed by the clerk, otherwise by the magistrate issuing the same.
12 V.S.A. § 5811 — VT Code / Title 12 / Chapter 211 / Section 5811
§ 5811. Oath to be administered to interpreter of testimony
Status: in_force

You solemnly swear that you will justly, truly, and impartially interpret to A. B. the oath about to be administered to him or her, and the testimony he or she shall give relative to the cause now under consideration. So help you God.
12 V.S.A. § 2497 — VT Code / Title 12 / Chapter 105 / Section 2497
§ 2497. Limitation of time for proceedings in certiorari
Status: in_force

Proceedings in certiorari shall be commenced within one year after the rendition of the judgment or order to review which proceedings are commenced. If a person entitled to bring proceedings is, at the time the judgment or order is rendered, a minor, or a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or imprisoned, he or she may bring them within one year after the disability is removed.
12 V.S.A. § 555 — VT Code / Title 12 / Chapter 23 / Section 555
§ 555. Fraud
Status: in_force

When a person entitled to bring a personal action is prevented from so doing by the fraudulent concealment of the cause of such action by the person against whom it lies, the period prior to the discovery of such cause of action shall be excluded in determining the time limited for the commencement thereof.
12 V.S.A. § 3331 — VT Code / Title 12 / Chapter 123 / Section 3331
§ 3331. Subsequent attaching creditors of real or personal property permitted to defend
Status: in_force

When a subsequent attaching creditor of real or personal property wishes to contest the validity of the debt or claim on which a previous attachment is founded, the court before whom the process is returnable, on which the previous attachment was made, in its discretion, may permit such subsequent attaching creditor to appear by himself or herself or counsel and defend such action. The words “attaching creditor” shall include creditors claiming to hold by trustee process personal property or funds in the hands of any person against such previous attachments.
12 V.S.A. § 5873 — VT Code / Title 12 / Chapter 212 / Section 5873
§ 5873. Warning notice; posting; contracts
Status: in_force

(a) To qualify for the limitation on liability under section 5872 of this title:

(1) an agritourism host shall post and maintain a sign in a clearly visible location at or near the main entrance to each agritourism activity and in black letters at least one inch in height containing the warning notice specified in subsection (b) of this section; and

(2) every written contract entered into between an agritourism host and a participant for goods or services related to an agritourism activity shall contain in clearly visible print the warning notice specified in subsection (b) of this section.

(b) The warning notice required under subsection (a) of this section shall read: “WARNING: Under Vermont law, an agritourism host is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of the agritourism activity. Inherent risks include the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity.”
12 V.S.A. § 552 — VT Code / Title 12 / Chapter 23 / Section 552
§ 552. Absence from State
Status: in_force

If a person is out of the State when a cause of action of a personal nature mentioned in this chapter accrues against him or her, the action may be commenced within the time limited therefor after such person comes into the State. If a person is absent from and resides out of the State after a cause of action accrues against him or her and before the statute has run, and he or she has not known property within the State which can by common process of law be attached, the time of his or her absence shall not be taken as a part of the time limited for the commencement of the action. The provisions of this section shall not extend to a cause of action accruing in another state or government, when the parties thereto at the time of the accruing of such cause of action are residents of such other state or government.
12 V.S.A. § 2690 — VT Code / Title 12 / Chapter 111 / Section 2690
§ 2690. Appointment of agent of creditor
Status: in_force

When an execution is delivered to an officer for service in a county other than that in which the creditor or his or her attorney of record resides, such creditor or such attorney shall endorse on the execution the name of a person in the county in which the execution is to be levied, to be the agent of the creditor for the purpose of receiving the money on such execution and for giving to or receiving from such officer necessary notices relating thereto. Notices given to such agent shall be as effectual as if given to the creditor.
12 V.S.A. § 6044 — VT Code / Title 12 / Chapter 213 / Section 6044
§ 6044. Presentments for intoxication, breach of peace, and tramping
Status: in_force

The presentments for intoxication, breach of the peace, and tramping, as provided for in 13 V.S.A. § 5507, shall be in substance as follows:

STATE OF VERMONT

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

(INTOXICATION)

To the (name of court) comes .............................. sheriff, constable, police officer (as the case may be) and upon his or her oath of office makes complaint that ................................... of ......................... in the county of ................................... at ................................... on the .................................. day of ............................... A. D. 20 ....... , became and was found intoxicated, contrary to the form of the statute, in such case made and provided, and against the peace and dignity of the State.

Dated at ................................... in the county of .................................... , this ................................... day of .............................. , A.D. 20 .......

(BREACH OF THE PEACE.)

Same as intoxication to italics, then in place of italics: “did disturb and break the public peace by tumultuous and offensive carriage, by threatening, quarreling, assaulting, beating, and striking (name of person assaulted).” Then continue as in intoxication after italics.

(TRAMPING.)

Same as intoxication to italics, then in place of italics: “was a transient person roving from place to place begging and living without labor or visible means of support.” Then continue as in intoxication after italics.

(TRAMPING.)

Same as intoxication to italics, then in place of italics: “did ride or attempt to ride on a railroad freight train and engine without to consent of the persons in charge thereof.” Then continue as in intoxication after italics.
12 V.S.A. § 5663 — VT Code / Title 12 / Chapter 192 / Section 5663
§ 5663. Award
Status: in_force

(a) An arbitration award shall be in writing and signed by the arbitrators joining in it. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.

(b) An award shall be made within the time fixed by the agreement or, if not so fixed, within such time as a court orders. The parties may extend the time in writing either before or after the expiration of an agreed or ordered time. A party waives the objection that an award was not made within the time required unless he or she notifies the arbitrators of his or her objection before the award is delivered to him or her.
12 V.S.A. § 521 — VT Code / Title 12 / Chapter 23 / Section 521
§ 521. Medical malpractice
Status: in_force

Notwithstanding section 512 of this title, and except as provided in sections 518 and 551 of this title, actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. No statute of limitations shall limit the right to recover damages for injuries to the person arising out of any medical or surgical treatment or operation where fraudulent concealment has prevented the patient's discovery of the negligence. Where the action is based upon the discovery of a foreign object in the patient's body, which is not discovered within the period of limitation under this section, the action may be commenced within two years of the date of the discovery of the foreign object.
12 V.S.A. § 3966 — VT Code / Title 12 / Chapter 143 / Section 3966
§ 3966. Prisoner brought unless sick
Status: in_force

The person who makes the return or statement, at the same time, shall bring the prisoner, if in his or her custody or power or under his or her restraint, according to the command of the writ, unless prevented by the sickness or infirmity of such prisoner.
12 V.S.A. § 403 — VT Code / Title 12 / Chapter 21 / Section 403
§ 403. Patent rights
Status: in_force

An action to recover a debt or demand, arising from the sale of or license to use a patent right, whether such demand is in the form of a promissory note or otherwise, shall be brought and tried in the unit where the defendant resides or where such patent right was sold when such note or obligation purports to be given for a patent right, unless otherwise provided by law.
12 V.S.A. § 3351 — VT Code / Title 12 / Chapter 123 / Section 3351
§ 3351. Attachment, taking in execution, and sale
Status: in_force

Personal property not exempt from attachment, subject to a mortgage, pledge, or lien, may be attached, taken in execution, and sold as the property of the mortgagor, pledgor, or general owner, in the same manner as other personal property, except as otherwise provided in this subchapter.
12 V.S.A. § 5754a — VT Code / Title 12 / Chapter 195 / Section 5754a
§ 5754a. Required mediation prior to suit
Status: in_force

(a) A person shall not bring a court action based on a claim of nuisance arising from an agricultural activity unless the person and the operator of the agricultural activity, at least once, attempt to resolve through mediation the issue or dispute that the person has concerning operation of the agricultural activity. The mediation shall be conducted according to the provisions of the Uniform Mediation Act set forth in chapter 194 of this title.

(b) The parties to the mediation may agree upon the use of a mediator to assist in the resolution of the agreed-upon issue or dispute, and the parties shall share the cost of the mediator equally or according to an agreement between the parties. If the parties to the mediation are unable to resolve the relevant issue or dispute through mediation, the parties may agree to submit the issue or dispute to binding arbitration pursuant to chapter 192 of this title and shall share the cost of the arbitration.

(c) A person bringing a court action based on a claim of nuisance arising from an agricultural activity shall provide the court with a sworn statement of an attempt to resolve the issue or dispute through mediation.
12 V.S.A. § 7305 — VT Code / Title 12 / Chapter 221 / Section 7305
§ 7305. Choice of law
Status: in_force

Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of this State shall govern in any case or controversy heard in this State related to legally protected health care activity, except as may be required by federal law.
12 V.S.A. § 3474 — VT Code / Title 12 / Chapter 125 / Section 3474
§ 3474. Release of bail for misrepresentations, etc
Status: in_force

When it is made to appear to the court by a person who is bail for a party in a cause pending therein, that he or she was induced to enter bail by misrepresentations or by promise of indemnity which has not been performed, with the consent of the party for whose security the bail is taken, the court may discharge such bail, and order new bail on reasonable terms.
12 V.S.A. § 3967 — VT Code / Title 12 / Chapter 143 / Section 3967
§ 3967. Examination in case of sick prisoner
Status: in_force

When the prisoner cannot be brought to the place appointed for the return of the writ, without danger, because of his or her sickness or infirmity, that fact shall be stated in the return. When such fact is provided to the satisfaction of such court or magistrate, he or she may proceed to the jail or other place where the prisoner is confined and there make an examination or adjourn the hearing to another time or make such order in the case as law and justice require.
12 V.S.A. § 5753 — VT Code / Title 12 / Chapter 195 / Section 5753
§ 5753. Agricultural activities; protection from nuisance lawsuits
Status: in_force

(a) No agricultural activity shall be or become a nuisance when the activity is conducted in accordance with generally accepted agricultural practices.

(b)(1) In order to assert nuisance protection under this chapter, a person conducting an agricultural activity shall demonstrate that the person is in good standing with the State. A person may demonstrate good standing by providing letters of good standing to a court from the Secretary of Agriculture, Food and Markets; the Secretary of Natural Resources; or both secretaries, as relevant to the nuisance claim.

(2) A plaintiff alleging that an agricultural activity is a nuisance shall have the burden of proving by a preponderance of the evidence that:

(A) the agricultural activity at issue is not entitled to the nuisance protection provided for under subsection (a) of this section because the agricultural activity is not conducted in accordance with generally accepted agricultural practice; and

(B) if the plaintiff proves the agricultural activity is not entitled to nuisance protection under subsection (a) of this section, the required elements of their nuisance claim.

(c) The nuisance protection for an agricultural activity provided for under subsection (a) of this section shall not apply if the plaintiff demonstrates one or more of the following:

(1) A nuisance violation results from the negligent operation of an agricultural activity.

(2) The agricultural activity has a substantial adverse effect on health, safety, or welfare based upon objective, documented medical or scientific evidence that the agricultural activity was the proximate cause of the alleged effect.

(3) A reasonable person would find that the agricultural activity was a proximate cause of a noxious and significant interference with the use and enjoyment of the neighboring property.

(d) This chapter shall not restrict or impede the authority of the State to protect the public health, safety, environment, or welfare.
12 V.S.A. § 5174 — VT Code / Title 12 / Chapter 179 / Section 5174
§ 5174. Assignment or sale of estate-assignment to party
Status: in_force

When it appears that the real estate, or a portion thereof, cannot be divided without great inconvenience to the parties interested, the court may order it assigned to one of the parties, provided he or she pays to the other party such sum of money, at such times and in such manner as the commissioners judge equitable.
12 V.S.A. § 1605 — VT Code / Title 12 / Chapter 61 / Section 1605
§ 1605. Husband and wife
Status: in_force

Husband and wife shall be competent witnesses for or against each other in all cases, civil or criminal, except that neither shall be allowed to testify against the other as to a statement, conversation, letter, or other communication made to the other or to another person, nor shall either be allowed in any case to testify as to a matter which, in the opinion of the court, would lead to a violation of marital confidence. This section shall not be construed so as to prevent a libelant and libelee from testifying as to all matters in divorce causes.
12 V.S.A. § 5335 — VT Code / Title 12 / Chapter 183 / Section 5335
§ 5335. Sums recovered by officer, how applied
Status: in_force

Sums recovered in an action of replevin by an officer for or on account of goods attached or taken in execution by him or her, or recovered in an action on the bond given upon the replevin of such goods, shall be applied so far as they will go:

(1) to pay the fees and charges of the officer and reasonable expenses of the action of replevin, and the action on the bond, so far as they are not reimbursed by the costs recovered;

(2) to pay to the creditor, at whose action the goods were attached or taken in execution, the sum, if any, recovered in that action, or so much thereof as remains unpaid, with 12 percent interest for such time as the money has been withheld from the creditor, or the service of his or her execution delayed by reason of the replevin;

(3) if the attaching creditor does not recover judgment in his or her action, or if a balance remains of the monies so recovered by the officer, after so paying what is due to the creditor, such balance, or the whole amount, shall be disposed of as any surplus would be if the same goods had been sold on execution.
12 V.S.A. § 1945 — VT Code / Title 12 / Chapter 81 / Section 1945
§ 1945. Return of jury for further consideration
Status: in_force

If the judges of the Superior Court before whom a cause is tried consider that the jury has mistaken the law or evidence material to the issue or has not paid proper attention thereto, they may cause it to return to a second and third consideration of the cause. If the jury does not alter or retract its verdict, the same shall be received.
12 V.S.A. § 4965 — VT Code / Title 12 / Chapter 172 / Section 4965
§ 4965. Service; form
Status: in_force

(a)(1) In all cases, unless service is waived under subsection 4966(g) of this title, a copy of the notice of sale shall be served on the mortgagor or his or her representative in interest by:

(A) sending the notice by registered or certified mail addressed to the mortgagor or such representative at his or her last known address, or to such person and address as may be agreed upon in said mortgage, at least 60 days before said sale; or

(B) serving the notice in any manner authorized by the Vermont Rules of Civil Procedure.

(2) As used in this section, “mortgagor” shall mean the mortgagor or the then record owner of the mortgaged property.

(b)(1) A copy of the notice of sale shall be sent to any tenant lawfully occupying the mortgaged property and to any person having a recorded interest in the mortgaged property of record which will be foreclosed by the sale, provided that the interest is recorded in the applicable land records prior to the recording of the notice of sale. The notice required by this subsection shall be sent not less than 60 days before the sale. Notice to a tenant shall be sufficient if mailed to the tenant by first class mail at the address specified in the lease, if recorded, or to the occupant at the address of the mortgaged property, if the lease is not recorded.

(2) Compliance with this subsection shall be sufficient with respect to persons entitled to receive notice under subdivision (1) of this subsection, and the failure to give additional notice shall not be grounds to invalidate the sale. Any mortgagor or junior lienholder who refuses to accept or claim mailed or served notice or who frustrates attempts by the mortgagee to give notice of the sale by failing to give or leave a forwarding address or by other acts or omissions shall be deemed to be notified of the sale, provided that such mortgagee shall have made a good faith effort to provide such notice.

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

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

To wit: (Legal description of the mortgaged property and in case of partial releases, state exceptions.)

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

The mortgagor and all junior lienholders are entitled to redeem the mortgaged property at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale.

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

(Signed) ________

Mortgagee (may be signed by mortgagee's attorney)

______ 20____

(2) This subsection shall not be construed to prevent the use of other forms. A notice of sale shall be sufficient if it fully sets forth the date, time, and place of sale; the town, county, street, or highway and street number, if any, of the mortgaged premises; the date of the mortgage; the volume and page of the recording of the mortgage; the terms of the sale; the statement language required by subdivision (d)(1) of this section; and notice of the right to redeem.

(d)(1) The notice of the sale shall include the following statement: “The mortgagor and all junior lienholders are hereby notified that at any time before the foreclosure sale, the mortgagor and all junior lienholders have a right to petition the Civil Division of the Superior Court for the county in which the mortgaged property is situated, with service upon the mortgagee, and upon such bond as the court may require, to enjoin the scheduled foreclosure sale. Failure to institute such petition and complete service upon the foreclosing party, or the party's agent, conducting the sale prior to sale shall thereafter bar any action or right of action of the mortgagor or any junior lienholder based on the validity of the foreclosure, the right of the mortgagee to conduct the foreclosure sale, or compliance by the mortgagee with the notice requirements and other conditions of this section. An action to recover damages resulting from the sale of the mortgaged property on the date of the sale may be commenced at any time within one year following the date of the sale, but not thereafter.”

(2) The mortgagor and all junior lienholders shall have the rights contained in the notice provided for in this subsection.
12 V.S.A. § 4823 — VT Code / Title 12 / Chapter 169 / Section 4823
§ 4823. Rights of a representative
Status: in_force

When either party dies pending the proceedings as to betterments, his or her executor or administrator may do, as to such proceedings for betterments, whatever the deceased party could have done had he or she been living. A conveyance by an executor or administrator, agreeably to this chapter, shall convey the title of the person whom he or she represents, to the land recovered.
12 V.S.A. § 7156 — VT Code / Title 12 / Chapter 217 / Section 7156
§ 7156. Effect of emancipation
Status: in_force

(a) The order of emancipation shall recognize the minor as an adult for all purposes that result from reaching the age of majority, including:

(1) entering into a binding contract;

(2) litigation and settlement of controversies, including the ability to sue and be sued;

(3) buying or selling real property;

(4) establishing a residence except that an emancipation order may not be used for the purpose of obtaining residency and in-state tuition or benefits at the University of Vermont or the Vermont State Colleges;

(5) being prosecuted as an adult under the criminal laws of the State;

(6) terminating parental support and control of the minor and their rights to the minor's income;

(7) terminating parental tort liability for minor; and

(8) indicating the minor's emancipated status on driver's license or identification card issued by the State.

(b) The order of emancipation shall not affect the status of the minor in the applicability of any provision of law that requires specific age requirements under the State or federal constitution or any State or federal law, including laws that require a person to be at least 18 years of age to marry and laws that prohibit the sale, purchase, or consumption of alcoholic beverages to or by a person under 21 years of age.
12 V.S.A. § 2905 — VT Code / Title 12 / Chapter 113 / Section 2905
§ 2905. Discharge of judgment lien
Status: in_force

A judgment lien shall be discharged in the same manner as a mortgage pursuant to 27 V.S.A. chapter 5. The obligation to discharge and liability for breach of that obligation shall be as provided in 27 V.S.A. § 464.
12 V.S.A. § 4815 — VT Code / Title 12 / Chapter 169 / Section 4815
§ 4815. Execution to issue against land only
Status: in_force

Execution on a judgment rendered on a counterclaim for betterments shall issue only against the land recovered in the action of ejectment, and not against the body or the other lands or the goods and chattels of the plaintiff in that action.
12 V.S.A. § 558 — VT Code / Title 12 / Chapter 23 / Section 558
§ 558. New action after failure of original action
Status: in_force

(a) The plaintiff may commence a new action for the same cause within one year after the determination of the original action, when the original action has been commenced within the time limited by any statute of this State, and the action has been determined for any of the following reasons:

(1) where the action is dismissed for insufficiency of process caused by unavoidable accident or by default or neglect of the officer to whom the process was committed;

(2) where the action is dismissed for lack of jurisdiction of the subject matter or person, improper venue, or failure to join an indispensable party;

(3) where the action is defeated or avoided by the death of a party thereto;

(4) where judgment for the plaintiff is reversed on appeal on one of the grounds listed in subdivisions (1) and (2) of this subsection.

(b) If the cause of action survives, the plaintiff's executor or administrator may commence the action within one year after the determination of the original action. If an executor or administrator is not appointed within that time, then the new action may be commenced within one year after letters testamentary or of administration are granted.
12 V.S.A. § 692 — VT Code / Title 12 / Chapter 25 / Section 692
§ 692. Deputy sheriffs
Status: in_force

Deputy sheriffs shall have the same powers and be subject to the same liabilities in the service of process as sheriffs, whether the process is directed to the sheriff or the deputy. If a sheriff is confined in prison upon legal process, his or her deputies may serve precepts in their hands at the time and such as they receive within three days thereafter.
12 V.S.A. § 64 — VT Code / Title 12 / Chapter 3 / Section 64
§ 64. Jurors-Conviction of crime; citizenship and residence
Status: in_force

A person who has served a term of imprisonment in this State after conviction of a felony, or who is not a citizen of the United States or a resident of the county, shall be disqualified to act as a grand or petit juror.
12 V.S.A. § 2739 — VT Code / Title 12 / Chapter 111 / Section 2739
§ 2739. United States currency
Status: in_force

United States currency may be taken in execution and paid to the creditor as money collected.
12 V.S.A. § 1604 — VT Code / Title 12 / Chapter 61 / Section 1604
§ 1604. Value of property; owner as competent witness
Status: in_force

The owner of real or personal property shall be a competent witness to testify as to the value thereof.
12 V.S.A. § 696 — VT Code / Title 12 / Chapter 25 / Section 696
§ 696. Sheriffs' duties to receive, execute, and return writs
Status: in_force

Sheriffs shall receive all writs and precepts issuing from lawful authority at any time and place within their respective precincts, unless they can show reasonable cause to the contrary, and shall execute and return the same agreeably to the direction thereof.
12 V.S.A. § 3577 — VT Code / Title 12 / Chapter 125 / Section 3577
§ 3577. Privilege from arrest
Status: in_force

(a) The Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, Attorney General, and members of the General Assembly and officers and witnesses whose duty it is to attend thereon, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest and imprisonment during their necessary attendance on and in going to and returning from the General Assembly.

(b) A party or witness in a cause pending in any court in the State or before special masters, auditors, referees, or commissioners, and a witness in a criminal cause pending in any such court, shall not be arrested, imprisoned, or detained by virtue of civil process. Any witness summoned from outside the State in a criminal cause, pending in any court within the State, shall be privileged from the service of papers of any kind whatsoever, and from arrest for any cause while going to, attending at, or returning from such court or trial of such cause.

(c)(1) Prohibition. A person shall not be subject to civil arrest while traveling to, entering, remaining at, or returning from a court proceeding.

(2) Exceptions. Subdivision (1) of this subsection shall not apply to:

(A) an arrest pursuant to a judicially issued warrant or a court order;

(B) an arrest for contempt of the court where the proceeding is occurring; or

(C) an arrest to maintain order or safety in the court where the proceeding is occurring.

(3) Remedies.

(A) A person who violates this subsection by knowingly and willfully executing or assisting with an arrest prohibited by subdivision (1) of this subsection (c) shall be subject to contempt proceedings and may be liable in a civil action for false imprisonment.

(B) A person who is arrested in violation of subdivision (1) of this subsection (c) may bring a civil action against the violator for damages; injunctive, equitable, or declaratory relief; punitive damages; and reasonable costs and attorney's fees.

(C) The Office of the Attorney General may bring a civil action on behalf of the State of Vermont for appropriate injunctive, equitable, or declaratory relief if there is reasonable cause to believe that a violation of subdivision (1) of this subsection (c) has occurred or will occur.

(D) No action under this subsection shall be brought against the Judiciary or any of its members or employees for actions taken to maintain order or safety in the courts.

(E) This section shall not be construed to limit or infringe upon any right, privilege, or remedy available under common law or any other provision of law or rule.

(F) Notwithstanding section 3578 of this title, the protections and remedies afforded by this subsection apply irrespective of when the privilege against civil arrest is invoked.

(4) Definition. As used in this subsection, “civil arrest” means an arrest for purposes of obtaining a person's presence or attendance at a civil proceeding, including an immigration proceeding.
12 V.S.A. § 1691a — VT Code / Title 12 / Chapter 63 / Section 1691a
§ 1691a. Procedure for production of employee personnel records
Status: in_force

(a) Policy. It is the policy of this State that an employee's personnel records should not be discovered by a party in a civil action without first giving the employee notice and an opportunity to object to the discovery of the records.

(b) Definitions. As used in this section:

(1) “Civil action” means any action commenced pursuant to Rule 3 of the Vermont Rules of Civil Procedure except an action in which employment discrimination is alleged.

(2) “Employee” means an individual who is or was an employee of the employer within the meaning of Chapter 24 of the Internal Revenue Code of 1986.

(3) “Employer” has the meaning given such term in Section 3401(d) of the Internal Revenue Code of 1986 and includes the State or any political subdivision or instrumentality of the State.

(4) “Personnel record” means any written or electronic record relating to an employee, including:

(A) information regarding the employee's job description, compensation, and employment benefits;

(B) hiring, evaluation, work habits, promotion, and discipline records;

(C) employment records maintained in accordance with State and federal law;

(D) physical, medical, and psychological condition; and

(E) personal finances.

(c) Notice to employee. A party in any civil action seeking the production of the personnel records of an employee in such action, shall notify the employee whose records are being sought. Upon request, pursuant to Rule 26 of the Vermont Rules of Civil Procedure, the employer shall furnish to the requesting party the name and last known address of the employee whose records are specifically being sought for production for the purpose of giving such notice.

(d) Service of notice. The notice to the employee shall be served on the employee by first class mail at the employee's last known address at the time such disclosure is sought. Service shall be complete upon mailing of the notice.

(e) Contents of notice. The notice shall include a copy of the request and shall inform the employee:

(1) that a request for production of the employee's personnel records has been made;

(2) the name, address, and telephone number of the party or attorney making the request;

(3) the name and address of the court in which the action is pending;

(4) the name of the employer to whom the request has been made; and

(5) an explanation of the employee's rights under subsection (f) of this section.

(f) Employee right to respond and object. Prior to the disclosure of the records to the requesting party, the employee whose records are being sought shall have 20 days after service of the notice to respond to the request. The response shall be filed with the court and may include an objection to the production of the records on the grounds that production of the records will cause the employee annoyance, embarrassment, oppression, undue burden or expense, or other grounds provided by law. A copy of the response shall be served on the requesting party.

(g) Employee right to be heard. Before ruling on a request for a personnel record, upon request the court shall give the employee whose record is being sought an opportunity to be heard.

(h) Protective order. If the court grants the party's request for production of the records of the employee, the court may limit discovery as provided for in Rule 26(c) of the Vermont Rules of Civil Procedure (protective order).

(i) No employee response or objection. The duty to produce personnel records shall be determined as provided by law without requiring the participation of the employee if:

(1) the employee does not respond to the notice by the requesting party within 20 days; or

(2) the employee notifies the requesting party in writing that he or she does not object to the production of the records.

(j) Employer's independent basis to resist production; employee's right to review and copy records. The provisions of this section shall not preclude an employer from asserting any independent basis to resist the production of personnel records as provided by law and shall not limit the right of the employee to review and copy his or her personnel records pursuant to law.
12 V.S.A. § 2804 — VT Code / Title 12 / Chapter 111 / Section 2804
§ 2804. Sale; notice; disposition of proceeds
Status: in_force

After receiving such return, the officer may sell at public auction the debtor's right, title, or interest to collect and receive such rents, issues, and profits, in whole or part satisfaction of such execution. Notice of the sale shall be given in the same time and manner and the sale made as sales of real estate on execution, except that the officer shall sell the right to collect and receive such rents, issues, and profits for the least time sufficient to satisfy such execution with costs. If the right to collect and receive the rents, issues, and profits for the full time they are payable does not sell for enough to satisfy the execution with costs, the officer shall return the same satisfied in part only.
12 V.S.A. § 5718 — VT Code / Title 12 / Chapter 194 / Section 5718
§ 5718. Mediator report; disclosure; background
Status: in_force

(a) A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, agency, or other authority that may make a ruling on the dispute that is the subject of the mediation, but a mediator may disclose:

(1) whether the case is not appropriate for mediation, whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;

(2) a mediation communication as permitted under section 5717 of this title; or

(3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of a child or vulnerable adult to a public agency responsible for protecting such individuals against such mistreatment.

(b) A communication made in violation of subsection (a) of this section may not be considered by a court or other tribunal.

(c) Subsections (d), (e), (f), and (g) of this section do not apply to an individual acting as a judge.

(d) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a party or foreseeable participant in the mediation; and

(2) disclose as soon as is practicable before accepting a mediation any such fact known.

(e) If a mediator learns any fact described in subdivision (d)(1) of this section after accepting a mediation, the mediator shall disclose as soon as is practicable.

(f) A mediator shall be impartial, unless, after disclosure of the facts required in subsections (d) and (e) of this section, the parties agree otherwise.

(g) A person who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute if requested to do so by a party.

(h) A person who violates subsection (d), (e), or (f) of this section is precluded from asserting a privilege under section 5715 of this title.

(i) Unless otherwise required by law, no special qualification by background or profession is necessary to be a mediator under this chapter.
12 V.S.A. § 5856 — VT Code / Title 12 / Chapter 211 / Section 5856
§ 5856. Storage of judicial oaths
Status: in_force

The Vermont Supreme Court shall adopt a rule which establishes a procedure for the storage of judicial oaths.
12 V.S.A. § 182 — VT Code / Title 12 / Chapter 7 / Section 182
§ 182. Representations as to another
Status: in_force

An action shall not be brought to charge a person upon or by reason of a representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of another person, unless such representation or assurance is made in writing and signed by the party to be charged thereby, or by some person thereunto by him or her lawfully authorized.
12 V.S.A. § 593 — VT Code / Title 12 / Chapter 23 / Section 593
§ 593. Joint promisors-Promise or payment by one
Status: in_force

When there are two or more joint contractors, or joint executors, or administrators of a contractor, such joint contractor, executor, or administrator shall not lose the benefit of the provisions of this chapter, so as to be chargeable by reason of an acknowledgment, promise, or payment made or signed by any other of them.
12 V.S.A. § 2786 — VT Code / Title 12 / Chapter 111 / Section 2786
§ 2786. Sale of real estate on execution; public auction
Status: in_force

When an execution is levied upon real estate, the same or an undivided fractional part thereof sufficient to satisfy the execution with costs shall be sold at public auction by the officer to the highest bidder, in satisfaction of the execution, either upon such real estate or at some public place in the town where it is situated or, if situated in an unorganized town or gore, in an adjoining town.
12 V.S.A. § 1644 — VT Code / Title 12 / Chapter 61 / Section 1644
§ 1644. Witnesses may be examined separately
Status: in_force

On the trial of a civil cause, in its discretion, upon the application of either party, the Superior Court may order the witnesses of the adverse party examined separately and apart from each other.
12 V.S.A. § 4954 — VT Code / Title 12 / Chapter 172 / Section 4954
§ 4954. Procedure following sale
Status: in_force

(a) Confirmation order. Following the sale, the plaintiff shall file with the court a report on oath of the sale, together with a request for confirmation of the sale, which shall include an accounting of the sale proceeds, and a proposed order confirming the sale. Copies of the report of the sale and request for confirmation shall be mailed by first class mail, postage prepaid, to all parties who appeared in the foreclosure action or to their attorneys of record and to the mortgagor at the mortgagor's last known address. The court may issue an order of confirmation of the sale without hearing, unless the court in its discretion determines that a hearing is necessary. The order of the court confirming the sale shall be conclusive evidence as against all persons that the foreclosure and sale were conducted in accordance with this section.

(b) Transfer of title. The confirmation order shall be recorded in the land records of the town where the mortgaged property is located and shall transfer title to the mortgaged property to the purchaser upon recording.

(c) Disbursement of proceeds. In the event that the proceeds of the sale, after first deducting the reasonable expenses incurred in making the sale, exceed the amounts due to the plaintiff at the time of sale, the confirmation order shall provide for the payment of the surplus to other lienholders of record in the order of the priority of their liens. In the event that the proceeds of the sale exceed the amount due to the plaintiff and the amount due to the other defendants, the excess shall be paid to the defendant mortgagor.

(d) Deficiency. The plaintiff may request a deficiency judgment in the foreclosure complaint. The court may assess a judgment against the mortgagor for the deficiency if the proceeds of sale are insufficient to meet the expenses incurred in making the sale and the amount due to the plaintiff. If the plaintiff seeks a deficiency judgment, it shall be requested prior to issuance of the confirmation order. Failure to request a deficiency judgment shall be deemed a waiver of any deficiency judgment against a mortgagor.

(e) Failure of sale; resale. In the event that the purchaser fails to pay the balance of the purchase price according to the terms of the sale, then, upon the request of the plaintiff, the down payment shall be forfeited and the court shall issue an order vacating the confirmation order. Upon motion and after hearing, the court may issue a confirmation order to the second highest bidder.
12 V.S.A. § 5762 — VT Code / Title 12 / Chapter 197 / Section 5762
§ 5762. Liability for canned or perishable foods or farm products distributed free of charge
Status: in_force

(a) Notwithstanding any other provision of law, a good-faith donor of any canned or perishable food or farm product, apparently fit for human consumption, who donates to a person for consumption, or to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, if the donor reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption and unless the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated, or harmful to the health or well-being of the person consuming the food.

(b) This section includes the good-faith donation of canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus, or other considerations, but shall not be deemed or construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of such food for human consumption.
12 V.S.A. § 2137 — VT Code / Title 12 / Chapter 85 / Section 2137
§ 2137. Costs exceeding damages
Status: in_force

Unless the plaintiff recovers more than $7.00 damages in actions for trespass on the freehold, other than those in which the right of title or possession of real estate comes in question, actions for slanderous words, actions for assault and battery and actions for false imprisonment, commenced before a District or Superior Court, he or she shall not recover more costs than damages. In such actions for trespass on the freehold or for assault and battery, if the court is of opinion that the trespass was willful and malicious, and so certifies, the plaintiff shall recover full costs.