reglab/housing_qa huggingface dataset:
12 V.S.A. § 853
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 853. Doing business by particular companies without designating process agent; penalty

§ 853. Doing business by particular companies without designating process agent; penalty|A person or agent for a foreign insurance, express, shipping car, telephone or telegraph company, or other foreign company doing like business, which has not designated the Secretary of State as its process agent, as required by 11 V.S.A. § 692 who solicits or receives a risk or application for insurance, or receives money or value for such insurance by such company, or receives money or value for the transportation of a package or property by such express or shipping car company, or for the transmission of a message or dispatch by such telegraph company, or receives money, rent, royalty, or income for such telephone company for the use of its instruments or lines or for the sending of any message, shall be fined not more than $500.00 nor less than $100.00.
12 V.S.A. § 855
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 855. Doing business as appointment of process agent

§ 855. Doing business as appointment of process agent|If the contact with the State or the activity in the state of a foreign corporation, 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 corporation and shall be equivalent to the appointment by it of the Secretary of the State of Vermont and his or her 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 which is so served upon the Secretary of State shall be of the same legal force and effect as if served on the foreign corporation at its principal place of business in the state or country where it is incorporated according to the law of that state or country. (Amended 1967, No. 353 (Adj. Sess.), § 5, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 43, eff. March 29, 1972.)
12 V.S.A. § 856
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 856. Service of process

§ 856. Service of process|Service of process by virtue of section 855 of this title shall be made by delivering to the Secretary of State duplicate copies of the process, with the officer's return of service thereon, and a fee of $25.00, to be taxed in the plaintiff's costs if he or she prevails. The Secretary shall forthwith forward one of the duplicate copies by registered mail prepaid to the corporation at its principal place of business in the state or country where it is incorporated, which principal place of business shall be stated in the process. The service shall be sufficient if a copy of the process, with the officer's return thereon showing the service upon the Secretary of State, is sent by the plaintiff to the foreign corporation by registered mail, and if the plaintiff's affidavit of compliance herewith is filed with the process in court. The Secretary shall file one of the copies and endorse upon each copy the day and hour of service. (Amended 1963, No. 37, § 7; 1967, No. 278 (Adj. Sess.), § 11, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 44, eff. March 29, 1972; 2013, No. 72, § 11.)
12 V.S.A. § 857
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 857. Continuance; costs

§ 857. Continuance; costs|The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to appear and defend. The fee provided in section 856 of this title shall be taxed in the plaintiff's costs if he or she prevails.
12 V.S.A. § 858
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 858. Alternative means of service

§ 858. Alternative means of service|As an alternative to service of process under this subchapter or when a stipulation appointing the Secretary of State as process agent is not filed with the Commissioner of Foreign Corporations, process may be served upon a foreign corporation in accordance with sections 912 and 913 of this title or by any method that the Supreme Court shall by rule provide for service upon a domestic corporation. (Added 1971, No. 185 (Adj. Sess.), § 234, eff. March 29, 1972.)
12 V.S.A. § 891
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 891. Commissioner of Motor Vehicles as process agent

§ 891. Commissioner of Motor Vehicles as process agent|The acceptance by a person of the rights and privileges conferred upon him or her by Titles 19 and 23, as evidenced by his or her operating, or causing to be operated, a motor vehicle in this State shall be deemed equivalent to an appointment by such person of the Commissioner of Motor Vehicles, or his or her successor in office, to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against such person or his or her estate if he or she is deceased at the time when the suit is brought, growing out of any accident or collision in which such person may be involved while operating or causing to be operated a motor vehicle in this State. Such acceptance shall be deemed to be the agreement of such person that any process against him or her which is so served upon the Commissioner shall be of the same legal force and validity as if served on the person personally. (Amended 1969, No. 88, § 1, eff. April 18, 1969.)
12 V.S.A. § 892
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 892. Service on Commissioner; mailing copies; fees

§ 892. Service on Commissioner; mailing copies; fees|(a) Service of process shall be made by leaving a copy of the process with a fee of $15.00 with the Commissioner, or in his or her office. Service shall be sufficient upon the person, provided that a copy of the process with the officer's return on it, showing service upon the Commissioner as provided in this section, is sent by the plaintiff to the defendant, or the personal representative of his or her estate, by registered or certified mail, and provided further that the plaintiff's affidavit of compliance is filed with the process in court. The Commissioner shall file copies served upon him or her as provided in this section, and show upon each copy the day and hour of service.(b) Such manner of service shall be in addition to all existing manner of service, rights, and remedies, and the availability of such manner of service shall not make the provisions of section 552 of this title inoperative, relative to tolling of the statute of limitations. (Amended 1961, No. 134; 1969, No. 88, § 2, eff. April 18, 1969; 1989, No. 51, § 6; 2001, No. 102 (Adj. Sess.), § 2, eff. May 15, 2002; 2003, No. 101 (Adj. Sess.), § 7.)
12 V.S.A. § 893
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 893. Continuances; costs

§ 893. Continuances; costs|The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the same. The fee herein provided shall be taxed in the plaintiff's costs, if he or she prevails in the suit.
12 V.S.A. § 913
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 25 - Process|§ 913. Effect of service outside the State

§ 913. Effect of service outside the State|(a) When process is served upon a party outside the State in such manner as the Supreme Court may by rule provide, the same proceedings may be had, so far as to affect the title or right to the possession of goods, chattels, rights, credits, land, tenements, or hereditaments in the State as if the process had been served on a party in the State.(b) Upon the service, and if it appears that the contact with the State by the party or the activity in the State by the party or the contact or activity imputable to him or her is sufficient to support a personal judgment against him or her, the same proceedings may be had for a personal judgment against him or her as if the process or pleading had been served on him or her in the State.(c) The provisions of subsection (b) of this section are in addition to all existing manner of service, rights, and remedies, and the availability of a personal judgment by reason of subsection (b) shall make the provisions of sections 855, 856, 891 and 892 of this title and 11 V.S.A. § 1630 alternative and not inoperative. (Amended 1967, No. 353 (Adj. Sess.), § 4, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 45, eff. March 29, 1972.)
12 V.S.A. § 1036
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 27 - Pleading and Practice|§ 1036. Comparative negligence

§ 1036. Comparative negligence|Contributory negligence shall not bar recovery in an action by any plaintiff, or his or her legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants, but the damage shall be diminished by general verdict in proportion to the amount of negligence attributed to the plaintiff. Where recovery is allowed against more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of his or her causal negligence to the amount of causal negligence attributed to all defendants against whom recovery is allowed. (Added 1969, No. 234 (Adj. Sess.), § 1, eff. date see note; amended 1979, No. 179 (Adj. Sess.), § 1, eff. May 5, 1980.)
12 V.S.A. § 1037
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 27 - Pleading and Practice|§ 1037. Acceptance of inherent risks

§ 1037. Acceptance of inherent risks|Notwithstanding the provisions of section 1036 of this title, a person who takes part in any sport accepts as a matter of law the dangers that inhere therein insofar as they are obvious and necessary. (Added 1977, No. 119 (Adj. Sess.), § 2, eff. Feb. 7, 1978.)
12 V.S.A. § 1038
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 27 - Pleading and Practice|§ 1038. Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses

§ 1038. Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses|(a) Use of ski area facilities. No ski area, its owners, employees, or agents shall be held responsible for ensuring the safety of or for damages, including injury or death, resulting to persons who utilize the facilities of a ski area to access terrain outside open and designated ski trails. Ski areas shall not be liable for damages, including injury or death, to persons who venture beyond such open and designated ski trails.(b) Collision at a ski area.  (1) Any person who is involved in a collision with a skier at a ski area which results in bodily injury to any party to the collision has a duty to provide his or her name and local and permanent address to the other parties to the collision and shall proceed to the ski area first aid facility and provide that information to the ski area first aid personnel. (2) No ski area, its employees, or agents shall be held responsible for ensuring compliance with these duties by any person, nor shall it be liable in any way for a failure to obtain such person's name or address.   (c) Civil action to recover. A person who uses the facilities of a ski area to access terrain outside the open and designated ski trails shall be liable in a civil action brought by any person, including a ski area, rescue organization, municipality, or the State, to recover expenses incurred to provide rescue, medical, or other services to such person for circumstances or injuries which resulted from such use. The entity seeking to recover may also recover reasonable attorney's fees and court costs. No ski area, its owners, agents, or employees, individual, or entity, municipal or otherwise, shall be held liable for any acts or omissions taken in the course of such rescue operations unless such act or omission constitutes gross negligence. (Added 1993, No. 233 (Adj. Sess.), § 88, eff. June 21, 1994.)
12 V.S.A. § 1039
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 27 - Pleading and Practice|§ 1039. Equine activities; acceptance of inherent risks

§ 1039. Equine activities; acceptance of inherent risks|(a) As used in this section:  (1) "Equine" means a horse, pony, mule, or donkey. (2) "Equine activity" includes:  (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including dressage, hunter and jumper horse shows, Grand Prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting; (B) Equine training or teaching activities, or both; (C) Rides, trips, or hunts.  (3) "Equine activity sponsor" means an individual, group, club, organized camp, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college-sponsored classes, programs, and activities; therapeutic riding programs; stable and farm owners and operators, instructors, and promoters; or equine facilities, including farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held. (4) "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee or other consideration is paid to participate in the equine activity.   (b) No person shall be liable for an injury to, or the death of, a participant resulting from the inherent risks of equine activities, insofar as those risks are necessary to the equine activity and obvious to the person injured.(c)(1) An equine activity sponsor may post and maintain signs which contain the warning notice specified in this subsection. Such signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.  (2) Every written contract entered into by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, may contain in clearly readable print the warning notice. (3) The signs and contracts described in this subsection shall contain the following warning notice:    WARNING   Under Vermont Law, an equine activity sponsor is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities that are obvious and necessary, pursuant to 12 V.S.A. § 1039. (Added 1995, No. 136 (Adj. Sess.), § 2.)
12 V.S.A. § 1040
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 27 - Pleading and Practice|§ 1040. Eminent domain; restrictions on use; conferring of private benefit; economic development

§ 1040. Eminent domain; restrictions on use; conferring of private benefit; economic development|(a) Notwithstanding any other provision of law, no governmental or private entity may take private property through the use of eminent domain if the taking is primarily for purposes of economic development, unless the property is taken pursuant to 24 V.S.A. chapter 85 (urban renewal).(b) This section shall not affect the authority of an entity authorized by law to use eminent domain for the following purposes:  (1) transportation projects, including highways, airports, and railroads; (2) public utilities, including entities engaged in the generation, transmission, or distribution of electric, gas, sewer and sewage treatment, or communication services; (3) public property, buildings, hospitals, and parks; or (4) water, wastewater, stormwater, flood control, drainage, or waste disposal projects. (Added 2005, No. 111 (Adj. Sess.), § 1.)
12 V.S.A. § 1042
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 27 - Pleading and Practice|§ 1042. Certificate of merit

§ 1042. Certificate of merit|(a) No civil action shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after February 1, 2013, in which it is alleged that such injury or death resulted from the negligence of a health care provider, unless the attorney or party filing the action files a certificate of merit simultaneously with the filing of the complaint. In the certificate of merit, the attorney or plaintiff shall certify that he or she has consulted with a health care provider qualified pursuant to the requirements of Rule 702 of the Vermont Rules of Evidence and any other applicable standard, and that, based on the information reasonably available at the time the opinion is rendered, the health care provider has:  (1) described the applicable standard of care; (2) indicated that based on reasonably available evidence there is a reasonable likelihood that the plaintiff will be able to show that the defendant failed to meet that standard of care; and (3) indicated that there is a reasonable likelihood that the plaintiff will be able to show that the defendant's failure to meet the standard of care caused the plaintiff's injury.   (b) A plaintiff may satisfy this requirement through multiple consultations that collectively meet the requirements of subsection (a) of this section.(c) A plaintiff must certify to having consulted with a health care provider as set forth in subsection (a) of this section with respect to each defendant identified in the complaint.(d) Upon petition to the clerk of the court where the civil action will be filed, an automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable inquiry required by this section.(e) The failure to file the certificate of merit as required by this section shall be grounds for dismissal of the action without prejudice, except in the rare instances in which a court determines that expert testimony is not required to establish a case for medical malpractice.(f) The requirements set forth in this section shall not apply to claims where the sole allegation against the health care provider is failure to obtain informed consent. (Added 2011, No. 171 (Adj. Sess.), § 24a, eff. Feb. 1, 2013.)
12 V.S.A. § 1076
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 27 - Pleading and Practice|§ 1076. Release of claim for personal injury or death- disavowal of agreement

§ 1076. Release of claim for personal injury or death- disavowal of agreement|An agreement entered into by a person or his or her legal representative within 15 days after personal injury to him or her or his or her death or personal injury or death of his or her spouse or child, which may adversely affect his or her estate's right to compensation for the personal injury or death, may be disavowed by such person or his or her legal representative within three years after making the agreement. When such an agreement has been disavowed, it may not be used in whole or in part in any subsequent proceeding. (1961, No. 269, § 1, eff. Aug. 1, 1961.)
12 V.S.A. § 1077
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 27 - Pleading and Practice|§ 1077. Tender of compensation

§ 1077. Tender of compensation|When an agreement is disavowed, the claimant or his or her legal representative shall tender any consideration received to the person who paid or delivered the same. (1961, No. 269, § 2, eff. Aug. 1, 1961.)
12 V.S.A. § 1248
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 29 - Depositions and Discovery|§ 1248. Depositions to be used outside State; commissioners of other states; law governing

§ 1248. Depositions to be used outside State; commissioners of other states; law governing|A person who is appointed or commissioned by the governor or a court of record of another state to take depositions in this State to be used in the other state shall have the same power to take depositions as the Supreme Court may by rule provide for an officer or other person authorized to take depositions for use within the State. (Amended 1971, No. 185 (Adj. Sess.), § 47, eff. March 29, 1972.)
12 V.S.A. § 1601
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 61 - Witnesses|§ 1601. Interest of witness; effect on qualifications and credibility

§ 1601. Interest of witness; effect on qualifications and credibility|A person shall not be disqualified as a witness in a civil cause or proceeding by reason of his or her interest therein as a party or otherwise. However, his or her interest or connection may be shown to affect his or her credibility as a witness.
12 V.S.A. § 1602
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 61 - Witnesses|§ 1602. When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability

§ 1602. When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability|A party shall not be allowed to testify in his or her own favor where the other party to the contract or cause of action in issue and on trial is dead or shown to the court to lack capacity to testify due to a mental condition or psychiatric disability, except as follows:  (1) To meet or explain the testimony of living witnesses produced against him or her. (2) To meet the testimony of such deceased or party who lacks capacity to testify due to a mental condition or psychiatric disability upon a question upon which his or her testimony has been taken in writing or by a stenographer in open court to be used in such action and is admitted as evidence therein. (3) In any action in which the estate of such deceased or party who lacks capacity to testify due to a mental condition or psychiatric disability or his or her grantee or assignee is a party, entries in a cash or account book showing the receipt or payment of money in due course of business, made by such party prior to his or her death or incapacity to testify and before any controversy arose respecting the transaction to which such entries relate, may be admitted in evidence as tending to show the facts therein recited to be true. The adverse party in such action may meet the evidence of such entries by any proper evidence. (4) In addition to the right to testify, as provided in the foregoing exceptions, the living party may be a witness in his or her own favor, so far as to prove in whose handwriting his or her entries are and when they were made and no further, in actions founded on book account and when the matter in issue and on trial is proper matter of book account. (5) In any action founded on tort, provided, however, that in tort actions by or against representatives of deceased persons, memoranda and declarations of the deceased, relevant to the matter in issue, may be received as evidence, and provided further, that this provision shall not be construed as permitting testimony as to conversations with the deceased other than to meet or explain the memoranda or declarations of the deceased. (Amended 1961, No. 166, § 1; 2013, No. 96 (Adj. Sess.), § 46.)
12 V.S.A. § 1603
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 61 - Witnesses|§ 1603. When executor or administrator is a party

§ 1603. When executor or administrator is a party|When an executor or administrator is a party, the other party shall not be permitted to testify in his or her own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to acts done or contracts made since the probate of the will, or since the appointment of the administrator, and to meet or explain the testimony of living witnesses produced against him or her. This section shall not apply to actions founded on tort. (Amended 1961, No. 166, § 2.)