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2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3955. Complaint to be sworn to

§ 3955. Complaint to be sworn to
The facts set forth in the complaint shall be verified by the oath of the person making the application or by that of some credible witness. Such oath may be administered by the court or magistrate to whom the application is made, or a Superior judge. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 27, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3957. Signing of writ

§ 3957. Signing of writ
When the writ is issued by the Superior Court, it shall be signed by the clerk, otherwise by the magistrate issuing the same. (Amended 1966, No. 41 (Sp. Sess.), § 5, eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3958. Return after court adjourns; procedure

§ 3958. Return after court adjourns; procedure
When the court to which the writ is returnable adjourns before it is returned, the return shall be made before one of the Justices of the Supreme Court. If the writ is in any case returned before one Justice or judge when the court is in session, he or she may adjourn the case into the court, to be there heard and determined as if the writ had been returned into the same court.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3959. Designation of person to be served

§ 3959. Designation of person to be served
The person having the custody of the prisoner may be designated by his or her official title, if he or she has any, or by his or her name. If such title or name is unknown or uncertain, he or she may be described by an assumed appellation. Any one upon whom the writ is served shall be deemed the person intended thereby.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3961. Pay for transporting prisoner

§ 3961. Pay for transporting prisoner
When the prisoner is confined in a common jail, or in the custody of a civil officer, the court or magistrate issuing the writ shall certify thereon the sum to be paid for bringing him or her from the place of imprisonment. The officer to whom the writ is directed shall not be bound to obey it, unless such sum is paid or tendered to him or her.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3962. When a person to be served is not an officer

§ 3962. When a person to be served is not an officer
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3963. Receipt and return of writ; notice to State’s Attorney or Attorney General

§ 3963. Receipt and return of writ; notice to State’s Attorney or Attorney General
A person to whom the writ is directed shall receive the same and, upon payment or tender of the charges demandable for its execution, shall make return thereof forthwith. In case a person is restrained of his or her liberty by reason of a court sentence to a penal institution the judge may, in his or her discretion, order such other or further notice be given to the State’s Attorney of the county in which the prisoner was convicted or to the Attorney General as he or she deems reasonable.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3964. Return of statement as to custody and authority

§ 3964. Return of statement as to custody and authority
In cases other than those provided for in section 3962 of this title, the person who makes the return shall state therein, and, in the cases provided for in such section, the person in whose custody the prisoner is found shall state, in writing, to such court or magistrate, plainly and unequivocally, whether he or she has or has not the prisoner in his or her custody or power or under restraint. If he or she has him or her in his or her custody or power or under restraint, he or she shall set forth at large the authority and the true and whole cause of such imprisonment or restraint, with a copy of the writ, warrant, or other process, if any, upon which he or she is detained. If he or she has had him or her in his or her custody or power or under restraint and has transferred such custody or restraint to another, he or she shall state particularly to whom, at what time, for what cause and by what authority such transfer was made.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3965. Return to be signed and sworn to; exception

§ 3965. Return to be signed and sworn to; exception
The return or statement shall be signed by the person making it, and shall be sworn to by him or her unless he or she is a sworn public officer and makes the return in his or her official capacity.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3966. Prisoner brought unless sick

§ 3966. Prisoner brought unless sick
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3967. Examination in case of sick prisoner

§ 3967. Examination in case of sick prisoner
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3969. Notice of examination

§ 3969. Notice of examination
When it appears that the prisoner is detained on a process under which another person has an interest in continuing his or her imprisonment or restraint, he or she shall not be discharged until sufficient notice has been given to such other person, or his or her attorney, if within the State, to appear and object to such discharge.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3970. Prisoner charged with crime, notice to State’s Attorney

§ 3970. Prisoner charged with crime, notice to State’s Attorney
When it appears that the prisoner is imprisoned on a criminal accusation, he or she shall not be discharged until sufficient notice is given to the State’s Attorney, whose duty it is to prosecute for such offense, to appear and object to such discharge.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3971. Pleading; hearing

§ 3971. Pleading; hearing
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3972. Discharge; decision and record

§ 3972. Discharge; decision and record
When legal cause is not shown for the imprisonment or restraint, such court or magistrate shall discharge the person therefrom. The petition for a writ of habeas corpus heard by a court or magistrate, together with the decision thereon in writing, shall be returned for record to the office of the county clerk of the county in which the person is alleged to be restrained or confined, or, if restrained upon process issuing from a court, into the clerk’s office in the county where such court is held. Such proceedings shall be docketed and properly indexed, and the same, together with the decision thereon, recorded in the same manner as other judgments of such court.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3973. Bail

§ 3973. Bail
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. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3974. Remand of prisoner

§ 3974. Remand of prisoner
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3975. Custody pending judgment

§ 3975. Custody pending judgment
Until the judgment is given, such court or magistrate may remand the prisoner, admit him or her to bail to appear from day to day, commit him or her to the custody of the sheriff of the county, or place him or her under such other care and custody as the circumstances of the case require.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3976. Refusal to receive or obey and execute writ—Contempt proceedings

§ 3976. Refusal to receive or obey and execute writ—Contempt proceedings
When a person to whom a writ of habeas corpus is directed refuses to receive the same, or does not obey and execute it, unless sufficient excuse therefor is shown, such court or magistrate shall compel obedience to the writ and punish the person guilty of the contempt forthwith, by process of attachment as for contempt.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3977. Precept to another officer or person

§ 3977. Precept to another officer or person
Upon such refusal or neglect, such court or magistrate may also issue a precept to an officer or other person, to be designated therein, commanding him or her to bring forthwith before such court or magistrate the person for whose benefit the writ of habeas corpus was issued. The prisoner shall be thereupon discharged, bailed, or remanded, in like manner as if he or she had been brought in on habeas corpus.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3979. Confinement for contempt—Issuance and return of writ

§ 3979. Confinement for contempt—Issuance and return of writ
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3980. Discharge of person confined for contempt

§ 3980. Discharge of person confined for contempt
When it appears on the hearing upon such writ that such disobedience or contempt was committed through ignorance, mistake, or misapprehension, or by acting in good faith under the advice of counsel, and that relief may be granted without impairing the rights of the parties concerned or the due administration of law, the Supreme Court may discharge such person from such imprisonment or confinement upon such terms as seem just.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3981. Bond

§ 3981. Bond
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3982. Penalty for attempting to elude service

§ 3982. Penalty for attempting to elude service
Whether a writ has been issued or not, a person who has in his or her custody or under his or her power a prisoner entitled to a writ of habeas corpus, and who, with intent to elude the service of such writ or to avoid the effect thereof, transfers such prisoner to the custody, or places him or her under the power or control of another person, or conceals him or her or changes the place of his or her confinement, shall forfeit to the person aggrieved $400.00, to be recovered in an action of tort on this statute.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3984. Imprisonment for same cause after discharge

§ 3984. Imprisonment for same cause after discharge
A person who has been discharged upon habeas corpus shall not be imprisoned or restrained again for the same cause, unless he or she is indicted therefor or convicted thereof, or does not find bail as ordered by a court of record or unless, after a discharge for a defect of proof or for material defect in the commitment in a criminal cause, he or she is again arrested on sufficient proof and committed for the same offense.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3985. Habeas corpus to bring respondent or witness into court

§ 3985. Habeas corpus to bring respondent or witness into court
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 161 - Action for an Accounting › § 4251. Actions for accounting—jury

§ 4251. Actions for accounting—jury
The Superior Court shall have original jurisdiction in actions for an accounting other than accountings involved in the administration of trusts under Title 14A. When the defendant in such an action brought in one of the following ways pleads in defense an answer which, if true, makes him or her not liable to account, the issue thus raised may be tried to a jury:
(1) by one joint tenant, tenant in common, or coparcener, his or her administrator or executor against the other, his or her administrator or executor, as bailiff for receiving more than his or her just proportion of any estate or interest;
(2) by an administrator or executor against his or her coadministrator or coexecutor, who neglects to pay the debts and funeral charges of the intestate or testator, in proportion to the estate in his or her hands, and he or she may recover such proportion of such estate as is just;
(3) by an executor, being a residuary legatee, against the coexecutor to recover his or her equal and ratable part of the estate in the hands of such coexecutor;
(4) by a residuary legatee against the executor; or
(5) on book account. (Amended 1971, No. 185 (Adj. Sess.), § 117, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 20, § 5; 2009, No. 154 (Adj. Sess.), § 80.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 161 - Action for an Accounting › § 4252. Items belonging to, tried in book account

§ 4252. Items belonging to, tried in book account
On the trial of an action founded on book account, if it appears to the court that any item or items of account or transaction between the same parties would more properly belong to an action for an accounting, the same may be tried and adjusted in the action founded on book account.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 161 - Action for an Accounting › § 4253. Failure of defendant to appear; consequence

§ 4253. Failure of defendant to appear; consequence
In an action for an accounting, if a verdict is found against the defendant or if he or she does not appear, or appearing confesses that he or she ought to account, the court shall render judgment that he or she account. (Amended 1971, No. 185 (Adj. Sess.), § 118, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 161 - Action for an Accounting › § 4256. Hearing by auditors; report; judgment

§ 4256. Hearing by auditors; report; judgment
Such auditors shall hear, examine, and adjust all the accounts existing between the parties of a similar nature and in the same right, to the time of hearing, and report the same within 30 days after hearing before them is finished. Unless cause to the contrary is shown, the report shall be accepted by the court as conclusive of the facts in issue submitted and judgment rendered thereon for the sum found in arrears from either party with costs.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 161 - Action for an Accounting › § 4257. Actions between partners, coparceners, or tenants in common

§ 4257. Actions between partners, coparceners, or tenants in common
In an action for an accounting, maintained by one or more partners against the other partner or partners, to settle and adjust their partnership accounts and dealings, or by one or more coparceners or tenants in common, to settle and adjust their accounts and dealings, the defendant or defendants shall have the right to trial by jury provided by section 4251 of this title. (Amended 1971, No. 185 (Adj. Sess.), § 119, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4447. Damages on final judgment

§ 4447. Damages on final judgment
When an injunction has been dissolved by a final judgment in favor of the enjoined party, he or she shall be entitled to recover his or her actual damages caused by the wrongful issuing of the injunction. (Amended 1971, No. 185 (Adj. Sess.), § 120, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4481. Receivers of goods attached

§ 4481. Receivers of goods attached
When the stock in a manufacturing establishment consisting of articles in the process of manufacture, with or without the materials necessary for the manufacture of the same, hereinafter referred to as “stock,” is taken by virtue of a writ of attachment in a civil action, and cannot be sold without a sacrifice, and cannot be kept without loss and damage, on the motion of a party interested to the presiding judge of the Superior Court in which the action is pending or by complaint to any other Superior judge, the judge may appoint in his or her discretion a competent person to receive the stock so attached, complete the manufacture thereof, dispose of the same on the terms most advantageous to the persons interested, and apply the proceeds under the direction of the judge:
(1) to the payment of necessary expenses incurred by the receiver in the manufacture and sale of the stock;
(2) to the payment of such sum as the judge deems reasonable to the receiver for his or her services;
(3) to the payment of the costs of the proceedings;
(4) the residue shall be applied as though the money were received by the officer, on the sale of the stock, by consent or otherwise, upon the original attachment. (Amended 1971, No. 185 (Adj. Sess.), § 121, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4482. Notice of motion or complaint

§ 4482. Notice of motion or complaint
Notice shall be given to the parties to the attachment or their attorneys to appear and show cause why the prayer of the motion or complaint should not be granted before the receiver is appointed. (Amended 1971, No. 185 (Adj. Sess.), § 122, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4483. Receiver’s bond

§ 4483. Receiver’s bond
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4484. Order for possession

§ 4484. Order for possession
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4485. Borrowing money

§ 4485. Borrowing money
The presiding judge of the Superior Court in which the action is pending or other Superior judge may authorize the receivers or managers of property in the course of administration in that court, when the interest of the parties or property requires it, to borrow money for the proper and convenient discharge of their duties and on such terms, conditions, limitations, and security as shall to the court seem fit. This section shall not prevent the receivers or managers from borrowing money for temporary purposes. (Amended 1971, No. 185 (Adj. Sess.), § 123, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4601. Appeals in foreclosure actions

§ 4601. Appeals in foreclosure actions
When a judgment is for the foreclosure of a mortgage, permission of the court shall be required for review. (Amended 1959, No. 261, § 66; 1971, No. 185 (Adj. Sess.), § 129, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4631. Mediation program established

§ 4631. Mediation program established
(a) This subchapter establishes a program to assure the availability of mediation and application of government loss mitigation program requirements in actions for foreclosure of a mortgage on any dwelling house of four units or less that is occupied by the owner as a principal residence.
(b) The requirements of this subchapter shall apply to all foreclosure actions on dwelling houses of four units or less that are occupied by the owner as a principal residence unless:
(1) the loan involved is not subject to any government loss mitigation program requirements;
(2) prior to commencing the foreclosure action, the mortgagee or a representative of the mortgagee met with or made reasonable efforts to meet with the mortgagor in person in Vermont to discuss any applicable loss mitigation options; and
(3) the plaintiff in the foreclosure action certifies in a separate document filed with its complaint that the requirements of subdivisions (1) and (2) of this subsection have been satisfied and describes its efforts to meet with the mortgagor in person to discuss applicable loss mitigation efforts.
(c) To be qualified to act as a mediator under this subchapter, an individual shall be licensed to practice law in the State and shall be periodically required to take specialized, continuing legal education training courses on foreclosure prevention or loss mitigation approved by the Vermont Bar Association.
(d) This subchapter shall not apply to a commercial loan.
(e) As used in this subchapter:
(1) “Commercial loan” means any loan described in 9 V.S.A. § 46(1), (2), or (3).
(2) “Government loss mitigation program” means:
(A) the federal Home Affordable Modification Program (HAMP);
(B) any loss mitigation program for loans owned or guaranteed by government-sponsored entities such as the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), the U.S. Federal Housing Administration, or the U.S. Department of Veterans Affairs;
(C) any loss mitigation program for loans guaranteed by the U.S. Department of Agriculture-Rural Development that are not owned by an instrumentality of the United States or the State of Vermont; or
(D) a settlement agreement with a government entity, or any state or federal law or regulation, regarding the notification, consideration, or offer of loss mitigation options. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1, eff. Dec. 1, 2013.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4632. Opportunity to mediate

§ 4632. Opportunity to mediate
(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. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1, eff. Dec. 1, 2013.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4634. Mediation report

§ 4634. Mediation report
(a) Within seven days of the conclusion of any mediation under this subchapter, the mediator shall report in writing the results of the process to the court and both parties, and shall provide a copy of the report to the Office of the Attorney General for data collection purposes. The report submitted to the Attorney General’s office shall include, in addition to the information identified in subsection (b) of this section, all applicable government loss mitigation program criteria, inputs, and calculations performed prior to or during the mediation and all information related to the requirements in subsection 4633(a) of this title. The report submitted to the Attorney General’s office shall be confidential, and shall be exempt from public copying and inspection under 1 V.S.A. § 317, provided that any public report by the Attorney General may include information in aggregate form.
(b) The report required by subsection (a) of this section shall not disclose the mediator’s assessment of any aspect of the case or substantive matters discussed during the mediation, except as is required to report the information required by this section. The report shall contain all of the following items:
(1) The date on which the mediation was held, including the starting and finishing times.
(2) The names and addresses of all persons attending, showing their role in the mediation and specifically identifying the representative of each party who had decision-making authority.
(3) A summary of any substitute arrangement made regarding attendance at the mediation.
(4) [Repealed.]
(5) The results of the mediation, stating whether full or partial settlement was reached and appending any agreement of the parties.
(6)(A) A statement as to whether any person required under subsection 4633(d) of this title to participate in the mediation failed to:
(i) attend the mediation;
(ii) make a good faith effort to mediate; or
(iii) supply documentation, information, or data as required by subsections 4633(a)-(c) of this title.
(B) If a statement is made under subdivision (A) of this subdivision (6), it shall be accompanied by a brief description of the applicable reason for the statement. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1; 2015, No. 23, § 145.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4635. Compliance with obligations

§ 4635. Compliance with obligations
(a) Upon receipt of a mediator’s report required by subsection 4634(a) of this title, the court shall determine whether the mortgagee or servicer has complied with all of its obligations under subsection 4633(a) of this title, and, at a minimum, with any applicable government loss mitigation program requirements. The court may make such a determination without a hearing unless the court, in its discretion, determines that a hearing is necessary.
(b) If the mediator’s report includes a statement under subdivision 4634(b)(6) of this title, or if the court makes a determination of noncompliance with the requirements under subsection 4635(a) of this title, the court may impose appropriate sanctions against the noncomplying party, including:
(1) tolling of interest, fees, and costs;
(2) reasonable attorney’s fees;
(3) monetary sanctions;
(4) dismissal without prejudice; and
(5) prohibiting the mortgagee from selling or taking possession of the property that is the subject of the action with or without opportunity to cure as the court deems appropriate.
(c) No mediator shall be required to testify in an action subject to this subchapter. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 163 - Chancery Proceedings › § 4637. No waiver of rights; costs of mediation

§ 4637. No waiver of rights; costs of mediation
(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. (Added 2009, No. 132 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 165 - Confession of Judgment › § 4671. Justice may take confession of judgment

§ 4671. Justice may take confession of judgment
A justice may accept and record a confession of a debt to a creditor made by a debtor personally, either with or without antecedent process, as the parties shall agree, and render judgment on such confession; but such judgment shall not be rendered except upon a specification in writing filed with such justice, setting forth the claim upon which the judgment is rendered.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 165 - Confession of Judgment › § 4672. Effect on attachments

§ 4672. Effect on attachments
A judgment so rendered by confession, after the commencement of the suit, shall have the same effect to hold property attached or bail taken on mesne process, as if judgment had been rendered in the ordinary course of proceedings; but a confession of judgment by a debtor, after an action commenced against him or her, shall not be effectual to hold property attached where the same property has been subsequently attached by other creditors, as against them, unless the consent of all subsequent attaching creditors to such confession has been previously obtained in writing.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 165 - Confession of Judgment › § 4673. Trustee actions

§ 4673. Trustee actions
In an action in which a trustee is summoned, the plaintiff may accept the tender of confession of judgment by the defendant therein without prejudice to such action. Upon filing the same in court, the cause shall proceed as if it were made in open court.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4711. Declaratory judgment; scope

§ 4711. Declaratory judgment; scope
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. (Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 81, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4712. Party plaintiff; power to construe

§ 4712. Party plaintiff; power to construe
A person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4714. Fiduciaries; executors

§ 4714. Fiduciaries; executors
A person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a person lacking mental capacity, or a person without financial resources, may have a declaration of rights or legal relations in respect thereto:
(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or
(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. (Amended 2013, No. 96 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4715. Construction; general powers of court

§ 4715. Construction; general powers of court
The enumeration in sections 4712-4714 of this title does not limit or restrict the exercise of the general powers conferred in section 4711 of this title, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4716. Refusal to enter judgment; discretion of court

§ 4716. Refusal to enter judgment; discretion of court
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4718. Further proceedings

§ 4718. Further proceedings
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4719. Jury trial

§ 4719. Jury trial
When a proceeding under this chapter involves the determination of an issue of fact, or a mixed issue of law and fact, such issue may be tried in the court in which the proceeding is pending and determined in the same manner as issues of fact and mixed issues of law and fact are tried and determined in other civil actions, with the right to trial by jury preserved to the parties, on any issue as to which such right would have existed in an action for affirmative relief. (Amended 1963, No. 176, § 1; 1971, No. 185 (Adj. Sess.), § 130, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4721. Parties

§ 4721. Parties
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4724. Separability of provisions

§ 4724. Separability of provisions
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 167 - Declaratory Judgments Act › § 4725. Uniformity of interpretation

§ 4725. Uniformity of interpretation
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and as far as possible to harmonize with federal laws and regulations on the subject of declaratory judgments and decrees.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4761. When maintainable; parties

§ 4761. When maintainable; parties
A person having claim to the seisin or possession of lands, tenements, or hereditaments shall have an action of ejectment, according to the nature of the case, which shall be brought as well against the landlord, if any, as against the tenant in possession of the premises, or against a person that is occupying a dwelling unit, for which subleasing is prohibited pursuant to a written rental agreement, without right or permission pursuant to 9 V.S.A. § 4456b(a)(2); and, if otherwise brought, on motion, the same shall be abated. Tenants in common of lands may join in an action concerning their common interest in such lands. (Amended 2015, No. 126 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4762. When judgment shall not prejudice landlord

§ 4762. When judgment shall not prejudice landlord
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.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4763. When all tenants are not sued; disclaimer

§ 4763. When all tenants are not sued; disclaimer
The writ in the action of ejectment shall not abate because all the tenants are not sued, but those on whom service is made shall answer for such part of the premises only as they set forth in their answer, and disclaim as to the remainder. If a defendant disclaims as to the whole, he or she shall recover his or her costs, unless the plaintiff proves such defendant in possession of all or part of the premises demanded at the commencement of the action.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4765. Damages; transfer of title pending action

§ 4765. Damages; transfer of title pending action
If judgment is rendered for the plaintiff in an action of ejectment, he or she shall recover his or her damages and the seisin and possession of the premises. If the title of the plaintiff expires or is conveyed by him or her after the commencement of such action, the suit shall not thereby fail, but the plaintiff may recover judgment for his or her damages for the detention of the premises during the continuance of his or her title, with costs.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4773. Ejectment for nonpayment of rent; proof; payment

§ 4773. Ejectment for nonpayment of rent; proof; payment
In actions of ejectment for nonpayment of rent, the plaintiff shall not be required to prove a demand of the rent in arrear or a stipulation for reentry on nonpayment of rent or a reentry on the premises, but shall recover judgment as if the rent in arrear had been demanded and reentry made. Before a writ of possession is executed, if the defendant pays into court all rent due through the end of the current rental period, including interest and the costs of suit, the action shall be discontinued. A defendant may not defeat an ejectment action by payment of all rent in arrears, interest, and court costs more than one time in 12 months. The 12-month period shall begin on the day the payment is made. (Amended 2007, No. 176 (Adj. Sess.), § 50.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4811. When and for what maintainable

§ 4811. When and for what maintainable
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. (Amended 1971, No. 185 (Adj. Sess.), § 131, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4813. Proceedings in ejectment stayed; lands charged

§ 4813. Proceedings in ejectment stayed; lands charged
Final judgment shall not be entered upon the claim for ejectment until entry of final judgment on the counterclaim. The lands recovered by the plaintiff shall be held to respond to any judgment on the counterclaim for the defendant as if those lands had been attached on mesne process. (Amended 1971, No. 185 (Adj. Sess.), § 132, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4815. Execution to issue against land only

§ 4815. Execution to issue against land only
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. (Amended 1971, No. 185 (Adj. Sess.), § 133, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4816. When execution or writ of possession may issue

§ 4816. When execution or writ of possession may issue
When the defendant recovers judgment on his or her counterclaim for betterments, execution shall not issue thereon until four months from its rendition. The writ of possession in the action of ejectment shall be further stayed for the same time, unless the plaintiff in the action pays to the defendant therein or to the clerk of the court to the use of the defendant the full amount of the judgment on the counterclaim for betterments. In that case, a writ of possession may immediately issue. (Amended 1971, No. 185 (Adj. Sess.), § 134, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4817. When entry was under contract

§ 4817. When entry was under contract
Sections 4811-4816 of this title relating to betterments shall not extend to a person who has entered on land under a contract made with the legal owner, unless it appears on trial of the counterclaim for betterments that the owner has not fulfilled the contract. (Amended 1971, No. 185 (Adj. Sess.), § 135, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4818. Remedy against voucher

§ 4818. Remedy against voucher
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. (Amended 1971, No. 185 (Adj. Sess.), § 136, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 169 - Ejectment › § 4819. Dismissal by plaintiff

§ 4819. Dismissal by plaintiff
Further proceedings shall not be had on the counterclaim for betterments when the judgment is awarded to the plaintiff on his or her claim of title and he or she, within 30 days of the rendition of judgment, shall lodge with the clerk a warranty deed to the defendant of the lands so recovered and the plaintiff dismisses the action. (Amended 1971, No. 185 (Adj. Sess.), § 137, eff. March 29, 1972.)