reglab/housing_qa huggingface dataset:
4 V.S.A. § 278
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 278. Authorization of assistant judges

§ 278. Authorization of assistant judges|(a) An assistant judge or a candidate for the office of assistant judge may also seek election to the office of Probate judge, and, if otherwise qualified and elected to both offices, may serve both as an assistant judge and as Probate judge.(b) In the event a probate matter arises in the Superior Court over which an assistant judge is also the Probate judge that presides, or has presided, over the same or related probate matter in the Probate Court, the assistant judge shall be disqualified from hearing and deciding the probate matter in the Superior Court.(c) In the event a probate matter arises in the Probate Court over which a Probate judge is also an assistant judge that presides, or has presided, over the same or related probate matter in the Superior Court, the Probate judge shall be disqualified from hearing and deciding the probate matter in the Probate Court. (Added 2009, No. 154 (Adj. Sess.), § 17a.)
4 V.S.A. § 312
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 312. Resident's estate; settlement

§ 312. Resident's estate; settlement|If an inhabitant of this State dies, his or her will shall be proved, or letters of administration granted and his or her estate settled in the Probate Court of the district in which he or she resided at the time of his or her death.
4 V.S.A. § 313
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 313. Nonresident's estate; settlement

§ 313. Nonresident's estate; settlement|If a person resided out of the State at the time of his or her death, his or her will shall be allowed and recorded and letters testamentary or of administration shall be granted in the Probate Court of any district in which he or she had estate.
4 V.S.A. § 354
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 354. Disqualification of judge or register; penalty

§ 354. Disqualification of judge or register; penalty|A judge or register shall not act as guardian, executor, administrator, trustee, or in any other fiduciary capacity or as attorney in any probate matter pending in any court in the State while holding either office. A judge or register who violates a provision of this section shall be imprisoned not more than six months or fined not more than $500.00, or both. (Amended 1961, No. 149, eff. June 7, 1961.)
4 V.S.A. § 355
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 355. Disqualification or disability of judge

§ 355. Disqualification or disability of judge|When a Probate judge is incapacitated for the duties of office by absence, removal from the district, resignation, sickness, death, or otherwise or if the judge or the judge's spouse or child is heir or legatee under a will filed in the judge's district, or if the judge is executor or administrator of the estate of a deceased person in his or her district, or is interested as a creditor or otherwise in a question to be decided by the court, he or she shall not act as judge. The judge's duties shall be performed by a Superior judge assigned by the presiding judge of the unit. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 20, eff. Feb. 1, 2011.)
4 V.S.A. § 356
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 356. Authority of judge after end of term

§ 356. Authority of judge after end of term|(a) A Probate judge whose term of office has expired, or who has vacated such office, shall have authority to act in the capacity of Probate judge to conclude causes and proceedings partly or fully heard before the judge as Probate judge as fully and effectively as he or she could if he or she remained in such office. He or she may make, sign, and enter findings, decisions, orders, and decrees in causes or proceedings so pending before him or her as Probate judge, and all such acts so performed by the judge shall have as full force and effect as they would have had if he or she had remained in office.(b) The jurisdiction conferred by subsection (a) of this section shall not be exercised if the presiding judge of the unit determines that the successor to the Probate judge will assume jurisdiction for all or part of the cases.(c) A Probate judge who exercises the jurisdiction conferred by subsection (a) of this section shall receive compensation at a rate fixed by the Court Administrator. (Amended 1971, No. 185 (Adj. Sess.), § 15, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 21, eff. Feb. 1, 2011.)
4 V.S.A. § 357
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 357. Registers of Probate

§ 357. Registers of Probate|The Superior Court clerk or court operations manager, in consultation with the Probate judge, and following the approval of the Court Administrator, shall hire a register of probate for each unit. The Probate judge may request that the Court Administrator designate one or more staff persons as additional registers. (Amended 1969, No. 125, § 4; 1971, No. 191 (Adj. Sess.), § 9; 1973, No. 106, § 3, eff. May 25, 1973; 1977, No. 160 (Adj. Sess.), eff. March 30, 1978; 1981, No. 76; 1997, No. 92 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 22; 2017, No. 28, § 1, eff. May 10, 2017.)
4 V.S.A. § 362
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 362. Oaths

§ 362. Oaths|A Probate judge or register may administer oaths. (Amended 2009, No. 154 (Adj. Sess.), § 23, eff. Feb. 1, 2011.)
4 V.S.A. § 363
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 363. Powers

§ 363. Powers|(a) A Probate judge may issue warrants, subpoenas, and processes in conformity with the law necessary to compel the attendance of witnesses or to produce books, papers, documents, or tangible things, or to carry into effect the orders, sentences, or decrees of the Probate Court or the powers granted it by law.(b) A Probate judge may appoint not more than three masters to report on a particular issue or to do or perform particular acts or to receive and report evidence. (Amended 1985, No. 144 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 1, § 3, eff. Feb. 2, 2011.)
4 V.S.A. § 364
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 364. Commitment to enforce orders

§ 364. Commitment to enforce orders|If a person does not comply with an order, sentence, or decree of the Probate Division of the Superior Court in a proceeding formerly within the jurisdiction of the Probate Court, the court may issue a warrant committing the person to the custody of the Commissioner of Corrections until compliance is given. (Amended 1985, No. 144 (Adj. Sess.), § 8; 2009, No. 154 (Adj. Sess.), § 24, eff. February 1, 2011.)
4 V.S.A. § 369
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 7 - Probate Courts|§ 369. Nonresident's estate; notice to Commissioner of Taxes; information to banks

§ 369. Nonresident's estate; notice to Commissioner of Taxes; information to banks|(a) When an executor or administrator is appointed to administer within this State an estate of a deceased person who resided in another state or country at the time of his or her death, the judge who issued the appointment shall forthwith notify the Commissioner of Taxes in writing of the appointment, giving the name and residence of the deceased person at the time of his or her death, the name and residence of the executor or administrator, the date of his or her appointment, and the court making the appointment.(b) The Commissioner shall keep a full record in each case and upon inquiry made of him or her by any savings bank or savings institution in the State shall at once notify the bank or institution whether, as shown by his or her record, an executor or administrator has been appointed by any court in the State to administer the estate of the deceased person named in the inquiry. If there has been such an appointment, the Commissioner shall furnish the information required by this subsection to the bank or institution forthwith. (Amended 2009, No. 154 (Adj. Sess.), § 25, eff. Feb. 1, 2011.)
4 V.S.A. § 455
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 455. Transfer of Probate proceedings

§ 455. Transfer of Probate proceedings|(a) Any guardianship action filed in the Probate Division of the Superior Court pursuant to 14 V.S.A. chapter 111, subchapter 2, article 1 and any adoption action filed in the Probate Division pursuant to Title 15A may be transferred to the Family Division of the Superior Court.(b) In an adoption action filed in the Probate Division pursuant to Title 15A, the Family Division shall order the transfer of the proceeding on motion of a party or on its own motion if it finds that the identity of the parties, issues, and evidence are so similar in nature to the parties, issues, and evidence in a proceeding pending in the Family Division that transfer of the probate action to the Family Division would expedite resolution of the issues or would best serve the interests of justice. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 28a, eff. Feb. 1, 2011; 2013, No. 170 (Adj. Sess.), § 5, eff. Sept. 1, 2014.)
4 V.S.A. § 457
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 457. Participation and availability of assistant judges

§ 457. Participation and availability of assistant judges|(a) Application. This section shall apply in all proceedings in which the Family Court consists of one presiding judge and two assistant judges.(b) Questions of law and fact. In all proceedings, questions of law shall be decided by the presiding judge. Mixed questions of law and fact shall be deemed to be questions of law. The presiding judge alone shall decide which are questions of law, questions of fact, and mixed questions of law and fact. Written or oral stipulations of fact submitted by the parties shall establish the facts related therein, except that the presiding judge, in his or her discretion, may order a hearing on any stipulated fact. Neither the decision of the presiding judge under this subsection nor participation by an assistant judge in a ruling of law shall be grounds for reversal unless a party makes a timely objection and raises the issue on appeal.(c) Availability of assistant judges. If two assistant judges are not available, the court shall consist of one presiding judge and one assistant judge. If neither assistant judge is available, the court shall consist of the presiding judge alone, and the unavailability of an assistant judge shall not constitute reversible error.(d) Mistrial. In the event that court is being held by the presiding judge and one assistant judge, and they do not agree on a decision, a mistrial shall be declared. If the case is retried, the court shall consist of the presiding judge alone or the presiding judge and two assistant judges.(e) Method of determining availability. Before commencing a hearing in any matter in which the court by law may consist of the presiding judge and assistant judges, the assistant judges shall determine whether they are available for the case. A schedule of proceedings in Family Court in which the assistant judges by law may participate shall be made available sufficiently in advance to give assistant judges reasonable opportunity to determine in which cases they will participate. If two or more cases are being heard at one time, and assistant judges may by law participate in either, each assistant judge may determine in which case he or she will participate.(f) Duty to complete hearing or trial. After an assistant judge has decided to participate in a hearing or trial, the assistant judge shall not withdraw therefrom except for cause. However, if an assistant judge is not available for a scheduled hearing or trial or becomes unavailable during trial, the matter may continue without that assistant judge's participation, and he or she may not return to participate.(g) Emergency relief. A presiding judge may hear a petition for emergency relief when the court is not sitting, and may issue temporary orders as necessary. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990.)
4 V.S.A. § 458
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 458. Venue

§ 458. Venue|The place of trial in the Family Division of the Superior Court shall be in the county in which one of the parties resides, if one party resides within the State. If no party resides within the State, the place of trial may be in any county. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238.)
4 V.S.A. § 459
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 459. Powers of assistant judges

§ 459. Powers of assistant judges|Nothing in this chapter shall be construed to restrict the constitutional powers of assistant judges. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990.)
4 V.S.A. § 461a
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 461a. Essex County; powers of assistant judges and magistrates in Family Court proceedings

§ 461a. Essex County; powers of assistant judges and magistrates in Family Court proceedings|(a) Notwithstanding any other provision of law to the contrary, an assistant judge of Essex County who has satisfactorily completed the training provided by the Vermont Supreme Court pursuant to Sec. 20 of Act No. 221 of the 1990 (Adj. Sess.), or a similar course of training that has been approved by the Supreme Court, shall act as a magistrate and hear and dispose of proceedings for the establishment, modification, and enforcement of child support and establishment of parentage in all cases filed or pending in the Family Division of the Superior Court in Essex County.(b) The Administrative Judge may appoint and may specially assign a magistrate to serve as the presiding judge in the Family Division of the Superior Court in Essex County.(c) No Vermont Family Court action filed or pending in Essex County, except for temporary abuse prevention proceedings and juvenile proceedings under Title 33, shall be heard at or transferred to the Family Division in another unit of the Superior Court. (Added 1993, No. 59, § 27e, eff. June 3, 1993; amended 2009, No. 154 (Adj. Sess.), § 29a.)
4 V.S.A. § 461c
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 461c. Powers of assistant judges in divorce proceedings

§ 461c. Powers of assistant judges in divorce proceedings|(a) Notwithstanding any other provision of law to the contrary, an assistant judge may elect to hear and determine a complaint or action which seeks a divorce, legal separation, or civil union dissolution in cases where a final stipulation of the parties has been filed with the court.(b) When an assistant judge elects to hear such cases, the clerk shall set it for hearing before the assistant judge if available.(c) Prior to hearing an uncontested domestic matter, an assistant judge shall sit with a Superior judge on domestic proceedings for a minimum of 100 hours, satisfactorily complete a minimum of 30 hours of training on subjects relevant to domestic proceedings and the Code of Judicial Conduct, and conduct a minimum of three uncontested domestic hearings with a Superior judge who shall, in his or her sole discretion, certify to the Administrative Judge that the assistant judge is qualified to preside over matters under this section. Upon application of an assistant judge, some or all of these requirements may be waived by the Administrative Judge based on equivalent experience. The requirements set forth herein shall only apply to assistant judges who elect to conduct uncontested final hearings in domestic cases after July 1, 2010. An assistant judge already conducting hearings under this section as of July 1, 2010 shall be deemed to have complied with these requirements. (Added 1993, No. 237 (Adj. Sess.), § 10, eff. Nov. 1, 1994; amended 1995, No. 59, § 3; 1997, No. 90 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 29b.)
4 V.S.A. § 462
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 462. Findings; orders; stipulations

§ 462. Findings; orders; stipulations|(a) The magistrate shall make findings of fact, conclusions, and a decision and shall issue an order. An order issued by a magistrate may be enforced by the Family Division of the Superior Court in the unit in which the magistrate hearing was held.(b) A magistrate may issue an order based on a stipulation regarding any preliminary matter necessary to issue a child support order.(c) If the stipulation of the parties regarding child support includes matters other than preliminary matters necessary to issue a child support order, the stipulation may be accepted and approved by the magistrate in respect to those preliminary matters and signed by the magistrate as an order of the Family Division of the Superior Court.(d) A magistrate shall issue an order for child support based upon the actual physical living arrangements of the children during the prior three months if the parties have not stipulated concerning parental rights and responsibilities. If parental rights and responsibilities are contested, the Family Division of the Superior Court shall make an order allocating parental rights and responsibilities. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 228 (Adj. Sess.), § 9; 1995, No. 59, § 14; 2009, No. 146 (Adj. Sess.), § C14; 2009, No. 154 (Adj. Sess.), § 30.)
4 V.S.A. § 463
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 463. Jurisdiction of Family Division of Superior Court over child support

§ 463. Jurisdiction of Family Division of Superior Court over child support|Upon motion of either party, upon motion of the magistrate, or upon the court's own motion, a judge of the Family Division of the Superior Court may hear and determine the issue of child support, provided there is a prior existing support order in effect or an interim or temporary order and the court finds one of the following:  (1) The support matter is so intrinsically tied to an action that must be heard by a judge that hearing before a magistrate would unduly delay the proceedings. (2) The identity of the parties, issues, and evidence are so similar in nature that consolidation with an already scheduled matter would in fact expedite resolution of the support issue. (3) A material legal issue must be resolved for which there is no legal precedent. (4) Such good and substantial cause as the court may find, consistent with the principle that support cases shall be heard in a timely manner. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154 (Adj. Sess.), § 31.)
4 V.S.A. § 464
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 464. Representation

§ 464. Representation|(a) Any person or other legal entity, including the State, shall be entitled but not required to be represented by an attorney before a magistrate. Nonattorney employees of the Office of Child Support who have been duly qualified by the Office of Child Support may sign complaints and motions and may participate in child support hearings before a magistrate, including those arising under 33 V.S.A. § 5116 subject to the conditions in subsections (b) and (c) of this section. This participation shall not be considered the unauthorized practice of law.(b) Participation in a proceeding shall consist of:  (1) presentation of current and material evidence relative to both parents' income and resources; (2) computation of parental support obligations based upon child support guidelines, and recommendations for any deviations from that amount after consideration of the best interests of the child; (3) relevant supporting documentation and legal justification for the recommendation.   (c) A current roster of qualified Office of Child Support staff shall be furnished to the court by the Office of Child Support. Such staff may be denied the right to participate in child support proceedings upon notice to the Office of Child Support from the Court Administrator. The notice shall indicate the basis for the decision. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 1993, No. 105, § 2; 1995, No. 63, § 139b, eff. July 1, 1996; 2013, No. 131 (Adj. Sess.), § 101.)
4 V.S.A. § 465
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 465. Appeals

§ 465. Appeals|An appeal from a decision of a magistrate shall be on the record to the Family Division of the Superior Court. At the request of a party, the Family Court shall hear additional evidence. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238.)
4 V.S.A. § 466
2021 Vermont Statutes|Title 4 - Judiciary|Chapter 10 - Family Court|§ 466. Procedure

§ 466. Procedure|(a) A proceeding before a magistrate shall, in cases involving child support, be initiated by the filing of a petition. If a proceeding for divorce, annulment, or separation has been commenced before the Family Division of the Superior Court, the magistrate shall have jurisdiction to determine a temporary amount of child support on the basis of the complaint or petition filed in the Family Division of the Superior Court.(b) A magistrate hearing shall be conducted according to rules adopted by the Supreme Court, subject to review by the Judicial Rules Committee. The rules shall include postjudgment procedures and deadlines for the establishment of support orders which comply with the requirements of federal law.(c) The Vermont Rules of Evidence shall apply to magistrate proceedings, except that evidence not admissible under those Rules may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs and is not precluded by statute or privilege.(d) Witnesses shall be sworn. Hearings shall be electronically recorded. The magistrate shall assist the parties in developing relevant and reliable evidence.(e) The Family Division of the Superior Court clerk shall provide for personal service or shall mail to the respondent, at one or more of the addresses supplied by the respondent, by certified mail, return receipt requested and delivery restricted to the addressee, the expense being paid by the petitioner, a notice signed by the clerk. If acceptance of service is refused, the clerk may serve the notice on the respondent by sending it to the respondent by ordinary first class mail and by certifying that such service has been made. In the alternative, the clerk may provide for mail service as provided in Rule  4(l) of the Vermont Rules of Civil Procedure.(f) When an obligor is referred to an employment services program, the magistrate may require the program to file periodic written reports with the court regarding the obligor's progress and cooperation with the program requirements. Such reports shall be admissible in an enforcement or contempt proceeding without the appearance of a witness from the program unless there is a dispute with respect to the authenticity of the report or the obligor disputes the facts set forth in the report concerning the obligor's performance and the facts in dispute are relevant to the determination of the issues before the court. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2009, No. 154, § 238; 2011, No. 119 (Adj. Sess.), § 1.)