reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 196 - Vermont Right to Conduct Forestry Operations › § 5755. Findings

§ 5755. Findings
The General Assembly finds that:
(1) Private and public forestlands:
(A) constitute unique and irreplaceable resources, benefits, and values of statewide importance;
(B) contribute to the protection and conservation of wildlife, wildlife habitat, air, water, and soil resources of the State;
(C) provide a resource for the State constitutional right to hunt, fish, and trap;
(D) mitigate the effects of climate change; and
(E) result in general benefit to the health and welfare of the people of the State.
(2) The forest products industry, including maple sap collection:
(A) is a major contributor to and is valuable to the State’s economy by providing jobs to its citizens;
(B) is essential to the manufacture of forest products that are used and enjoyed by the people of the State; and
(C) benefits the general welfare of the people of the State.
(3) Private and public forestlands are critical for and contribute significantly to the State’s outdoor recreation and tourism economies.
(4) The economic management of public and private forestlands contributes to sustaining long-term forest health, integrity, and productivity.
(5) Forestry operations are adversely impacted by the encroachment of urban, commercial, and residential land uses throughout the State that result in forest fragmentation and conversion and erode the health and sustainability of remaining forests.
(6) As a result of encroachment on forests, conflicts have arisen between traditional forestry land uses and urban, commercial, and residential land uses that threaten to permanently convert forestland to other uses, resulting in an adverse impact to the economy and natural environment of the State.
(7) The encouragement, development, improvement, and continuation of forestry operations will result in a general benefit to the health and welfare of the people of the State and the State’s economy.
(8) The forest products industry, in order to survive, likely will need to change, adopt new technologies, and diversify into new products.
(9) Conventional forestry practices, including logging, transportation, and processing of forest products may be subject to unnecessary or adversarial lawsuits based on the theory of nuisance. Nuisance suits could encourage and result in the conversion of forestland and loss of the forest products industry.
(10) It is in the public interest of the people of the State to ensure that lawfully conducted conventional forestry practices are protected and encouraged and are not subject to public and private nuisance actions arising out of conflicts between forestry operations and urban, commercial, and residential uses. (Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 196 - Vermont Right to Conduct Forestry Operations › § 5756. Definitions

§ 5756. Definitions
As used in this chapter:
(1) “Commissioner” means the Commissioner of Forests, Parks and Recreation.
(2) “Conventional forestry practices” means:
(A) forestry operations;
(B) a change in ownership or size of a parcel on which a forestry operation is being conducted;
(C) cessation or interruption of a forestry operation or a change in a forestry operation, including a change in the type of a forestry operation;
(D) enrollment in governmental forestry or conservation programs;
(E) adoption of new forestry technology;
(F) construction, maintenance, and repair of log landings, logging roads, and skid trails;
(G) visual changes due to the removal, storage, or stockpiling of vegetation or forest products;
(H) noise from forestry equipment used as part of a forestry operation; or
(I) the transport or trucking of forest products or of equipment on, to, or from the site of a forestry operation.
(3) “Forest product” means logs; pulpwood; veneer; bolt wood; wood chips; stud wood; poles; pilings; biomass; fuel wood; maple sap; or bark.
(4) “Forestry operation” means activities related to the management of forests, including timber harvests; removal, storage, or stockpiling of vegetation or timber; pruning; planting; lumber processing with portable sawmills; reforestation; pest, disease, and invasive species control; wildlife habitat management; and fertilization. “Forestry operation” includes one or both of the following:
(A) the primary processing of forest products on a parcel where a timber harvest occurs; and
(B) the primary processing of forest products at a site that is not the harvest site, provided that:
(i) the person conducting the forestry operations owns or has permission to use the site for the forestry operation;
(ii) the forestry operation was established prior to surrounding activities that are not forestry operations;
(iii) the site is used by the forestry operation for 12 or fewer months in any two-year period or 24 or fewer months in any five-year period;
(iv) the forestry operation complies with all applicable law; and
(v) only portable, nonpermanent equipment is used to process the forest products at the site.
(5) “Timber” means trees, saplings, seedlings, and sprouts from which trees of every size, nature, kind, and description may grow.
(6) “Timber harvest” means a forestry operation involving the harvesting of timber. (Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 196 - Vermont Right to Conduct Forestry Operations › § 5757. Forestry operations; protection from nuisance lawsuits

§ 5757. Forestry operations; protection from nuisance lawsuits
(a) Except as provided for under subsections (b) and (c) of this section, a person conducting a conventional forestry practice shall be entitled to a rebuttable presumption that the conventional forestry practice does not constitute a public or private nuisance if the person conducts the conventional forestry practice in compliance with the following:
(1) the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont as adopted by the Commissioner under 10 V.S.A. § 2622; and
(2) other applicable law.
(b) The presumption under subsection (a) of this section that a person conducting a conventional forestry practice does not constitute a nuisance may be rebutted by showing:
(1) a nuisance resulted from the negligent operation of the conventional forestry practice;
(2) a nuisance resulted from a violation of State, federal, or other applicable law during the conduct of the conventional forestry practice; or
(3) clear and convincing evidence that the conventional forestry practice has a substantial adverse effect on the health, safety, or welfare of the complaining party.
(c) Nothing in this section shall be construed to limit the authority of State or local boards of health to abate nuisances affecting the public health. (Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 197 - Good Samaritan Law for Donations of Food › § 5761. Definitions

§ 5761. Definitions
As used in this chapter:
(1) “Perishable foods” means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. Perishable food includes fresh or processed meats, wild game, fish, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, and foods that have been packaged, refrigerated, or frozen.
(2) “Canned foods” means any canned food that has been hermetically sealed and commercially processed and prepared for human consumption, including canned or preserved fruits, vegetables, or other articles of food. There is specifically excluded for purposes of this section canned goods that are rusted, leaking, swollen, or canned goods that are defective or cannot be otherwise offered for sale to members of the general public.
(3) “Farm products” means any agricultural, dairy, or horticultural product, or any product designed or intended for human consumption or prepared principally from an agricultural, dairy, or horticultural product.
(4) “Charitable or nonprofit organization” means any organization which is exempt from federal or State income taxation, except that the term does not include organizations which sell or offer to sell such donated items of food. (Added 1983, No. 209 (Adj. Sess.); amended 1997, No. 36, § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 197 - Good Samaritan Law for Donations of Food › § 5762. Liability for canned or perishable foods or farm products distributed free of charge

§ 5762. Liability for canned or perishable foods or farm products distributed free of charge
(a) Notwithstanding any other provision of law, a good-faith donor of any canned or perishable food or farm product, apparently fit for human consumption, who donates to a person for consumption, or to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, if the donor reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption and unless the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated, or harmful to the health or well-being of the person consuming the food.
(b) This section includes the good-faith donation of canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus, or other considerations, but shall not be deemed or construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of such food for human consumption. (Added 1983, No. 209 (Adj. Sess.).)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 199 - Defamation › § 5771. Defamation action; attorney’s fees

§ 5771. Defamation action; attorney’s fees
If judgment is rendered for a defendant in a defamation action and the court finds that the action was frivolous and without merit, the court may award costs and reasonable attorney’s fees to the defendant. (Added 1985, No. 244 (Adj. Sess.).)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 201 - Immunity From Liability › § 5781. Nonprofit organizations

§ 5781. Nonprofit organizations
A person who serves without compensation as a director, officer, or trustee of a nonprofit organization qualified as tax-exempt under Section 501(c) of the Internal Revenue Code of 1986, as from time to time amended, shall not be held personally liable for damages resulting from:
(1) any act or omission within the scope of the person’s official functions or duties which is done in good faith, unless it constitutes gross negligence or an intentional tort; however, this subdivision shall not protect a person from liability for damages which result from the operation of a motor vehicle;
(2) any act or omission of an employee of the nonprofit organization; or
(3) any act or omission of another director, officer, or trustee. (Added 1987, No. 45, eff. May 13, 1987.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 201 - Immunity From Liability › § 5782. Libraries

§ 5782. Libraries
A person employed by a library with or without compensation shall not be held personally liable for damages resulting from:
(1) information contained in any library materials; or
(2) library services provided to library patrons in the course of his or her duties. (Added 1989, No. 28, § 3.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 201 - Immunity From Liability › § 5783. Hazardous materials accidents

§ 5783. Hazardous materials accidents
(a) No action for damages to person or property may be maintained against a person who provides emergency assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened accidental discharge of hazardous materials, or in preventing, containing, or cleaning up or in attempting to prevent, contain, or clean up any such discharge. This section shall apply to assistance or advice provided at or to persons at the scene or in the immediate vicinity of the actual or threatened discharge only.
(b) Subsection (a) of this section shall not apply:
(1) to any person, or the employer or employee of any person, whose act or omission proximately caused in whole or in part the original actual or threatened discharge;
(2) to any person, or the employer or employee of any person, who receives or expects to receive compensation or remuneration, other than reimbursement for out-of-pocket expenses, for services in rendering such assistance or advice from the recipient of such assistance or advice, from a person whose act or omission caused in whole or in part the discharge, or from someone acting on behalf of such persons; or
(3) to any person who is not qualified by training, education, or experience, unless the person is supervised by a person who is so qualified.
(c) As used in this section:
(1) “Discharge” includes leakage, seepage, or other release.
(2) “Hazardous materials” include all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency.
(3) “Person” includes any individual, partnership, corporation, association, or other entity, including a person who coordinates or provides advice and assistance in conjunction with an emergency response program.
(d) Nothing in this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from that person’s gross negligence or willful misconduct. (Added 1991, No. 192 (Adj. Sess.).)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 201 - Immunity From Liability › § 5784. Forcible entry of motor vehicle to remove unattended child or animal

§ 5784. Forcible entry of motor vehicle to remove unattended child or animal
A person who forcibly enters a motor vehicle for the purpose of removing a child or animal from the motor vehicle shall not be subject to civil liability for damages arising from the forcible entry if the person:
(1) determines the motor vehicle is locked or there is otherwise no reasonable method for the child or animal to exit the vehicle;
(2) reasonably and in good faith believes that forcible entry into the motor vehicle is necessary because the child or animal is in imminent danger of harm;
(3) notifies local law enforcement, fire department, or a 911 operator prior to forcibly entering the vehicle;
(4) remains with the child or animal in a safe location reasonably close to the motor vehicle until a law enforcement, fire, or other emergency responder arrives;
(5) places a notice on the vehicle that the authorities have been notified and specifying the location of the child or animal; and
(6) uses no more force to enter the vehicle and remove the child or animal than necessary under the circumstances. (Added 2015, No. 147 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 203 - Limitations on Landowner Liability › § 5791. Purpose

§ 5791. Purpose
The purpose of this chapter is to encourage owners to make their land and water available to the public for no consideration for recreational uses by clearly establishing a rule that an owner shall have no greater duty of care to a person who, without consideration, enters or goes upon the owner’s land for a recreational use than the owner would have to a trespasser. (Added 1997, No. 110 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 203 - Limitations on Landowner Liability › § 5792. Definitions

§ 5792. Definitions
As used in this chapter:
(1) “Consideration” means a price, fee, or other charge paid to or received by the owner in return for the permission to enter upon or to travel across the owner’s land for recreational use. Consideration shall not include:
(A) compensation paid to or a tax benefit received by the owner for granting a permanent recreational use easement;
(B) payment or provision for compensation to be paid to the owner for damage caused by recreational use; or
(C) contributions in services or other consideration paid to the owner to offset or insure against damages sustained by an owner from the recreational use or to compensate the owner for damages from recreational use.
(2)(A) “Land” means:
(i) open and undeveloped land, including paths and trails;
(ii) water, including springs, streams, rivers, ponds, lakes, and other water courses;
(iii) fences; or
(iv) structures and fixtures used to enter or go upon land, including bridges and walkways.
(B) “Land” does not include:
(i) areas developed for commercial recreational uses;
(ii) equipment, machinery, or personal property; and
(iii) structures and fixtures not described in subdivision (A)(iii) or (iv) of this subdivision (2).
(3) “Owner” means a person who owns, leases, licenses, or otherwise controls ownership or use of land, and any employee or agent of that person.
(4) “Recreational use” means an activity undertaken for recreational, educational, or conservation purposes, and includes hunting, fishing, trapping, guiding, camping, biking, in-line skating, jogging, skiing, snowboarding, swimming, diving, water sports, rock climbing, hang gliding, caving, boating, hiking, riding an animal or a vehicle, picking wild or cultivated plants, picnicking, gleaning, rock collecting, nature study, outdoor sports, noncommercial aviation, visiting or enjoying archaeological, scenic, natural, or scientific sites, or other similar activities. “Recreational use” also means any noncommercial activity undertaken without consideration to create, protect, preserve, rehabilitate, or maintain the land for recreational uses. (Added 1997, No. 110 (Adj. Sess.), § 1; amended 2011, No. 99 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 203 - Limitations on Landowner Liability › § 5793. Liability limited

§ 5793. Liability limited
(a) Land. An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner’s land for a recreational use unless the damage or injury is the result of the willful or wanton misconduct of the owner.
(b) Equipment, fixtures, machinery, or personal property.
(1) Unless the damage or injury is the result of the willful or wanton misconduct of the owner, an owner shall not be liable for property damage or personal injury sustained by a person who, without consideration and without actual permission of the owner, enters or goes upon the owner’s land for a recreational use and proceeds to enter upon or use:
(A) equipment, machinery, or personal property; or
(B) structures or fixtures not described in subdivision 5792(2)(A)(iii) or (iv) of this title.
(2) Permission to enter or go upon an owner’s land shall not, by itself, include permission to enter or go upon structures or to go upon or use equipment, fixtures, machinery, or personal property.
(c) Posting. An owner may post a sign warning against dangers on the owner’s land or water. An owner who posts a sign pursuant to this subsection shall not be liable for any damage or injury allegedly arising out of the posting unless the damage or injury is the result of the willful or wanton misconduct of the owner. (Added 1997, No. 110 (Adj. Sess.), § 1; amended 2017, No. 136 (Adj. Sess.), § 1, eff. May 21, 2018.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 203 - Limitations on Landowner Liability › § 5794. Landowner protection

§ 5794. Landowner protection
(a) The fact that an owner has made land available without consideration for recreational uses shall not be construed to:
(1) limit the property rights of owners;
(2) limit the ability of an owner and a recreational user of the land to enter into agreements for the recreational use of the land to vary or supplement the duties and limitations created in this chapter;
(3) support or create any claim or right of eminent domain, adverse possession, or other prescriptive right or easement or any other land use restriction;
(4) alter, modify, or supersede the rights and responsibilities under 20 V.S.A. chapter 191 (animal control), and 20 V.S.A. chapter 193 (domestic pet or wolf-hybrid control); under 23 V.S.A. chapter 29 (snowmobiles), and 23 V.S.A. chapter 31 (all-terrain vehicles); under 19 V.S.A. chapter 23 (bicycle routes); and under 10 V.S.A. chapter 20 (Vermont trail system);
(5) extend any assurance that the land is safe for recreational uses or create any duty on an owner to inspect the land to discover dangerous conditions;
(6) relieve a person making recreational use of land from the obligation the person may have in the absence of this chapter to exercise due care for the person’s own safety in the recreational use of the land.
(b) Nothing in this chapter shall create any presumption or inference of permission or consent to enter upon an owner’s land for any purpose.
(c) For the purposes of protecting landowners who make land available for recreational use to members of the public for no consideration pursuant to this chapter, the presence of one or more of the following on land does not by itself preclude the land from being “open and undeveloped”: posting of the land, fences, or agricultural or forestry-related structures. (Added 1997, No. 110 (Adj. Sess.), § 1; amended 1997 No. 147 (Adj. Sess.), § 190a.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5802. Oath to be administered to grand jury

§ 5802. Oath to be administered to grand jury
You solemnly swear that you will diligently inquire and true presentment make of all such matters and things as shall come to your knowledge, according to your charge. The counsel of the State, your own counsel, and that of your fellows, you shall keep secret. You will present no man for envy, hatred, or malice; neither will you leave any person unpresented for love, fear, favor, affection, or hope of reward; but you will present things truly as they come to your knowledge, to the best of your understanding, according to the laws of this State. So help you God.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5803. Oath to be administered to petit jurors impaneled to try civil causes in Superior Courts

§ 5803. Oath to be administered to petit jurors impaneled to try civil causes in Superior Courts
You solemnly swear that you will well and truly try each and every issue which may be given you in charge during the present term of this court, agreeably to the evidence given you in court, and the laws of this State, and true verdicts give; your own counsel and that of your fellows you will duly observe and keep; you will say nothing to any person about the business and matters you may at any time have in charge, but to your fellow jurors, nor will you suffer any one to speak to you about the same but in court; and when you have agreed on a verdict, you will keep it secret until you deliver it in court. So help you God.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5804. Oath to be administered to petit jurors in criminal causes

§ 5804. Oath to be administered to petit jurors in criminal causes
You solemnly swear or affirm that, without respect to persons or favor of any person, you will well and truly try and true deliverance make, between the State of Vermont and the defendant, whom you shall have in charge, according to the evidence given you in court and the laws of the State. So help you God, or under the penalty of perjury pursuant to the laws of the State of Vermont. (Amended 2023, No. 46, § 10, eff. June 5, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5806. Oath to be administered to officer attending grand jury

§ 5806. Oath to be administered to officer attending grand jury
You solemnly swear that, as officer of the grand jury, you will keep their counsel and that of the State, and that you will not disclose anything relative to their proceedings. So help you God.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5807. Oath to be administered to officer taking charge of jury in Superior Court

§ 5807. Oath to be administered to officer taking charge of jury in Superior Court
You solemnly swear that, during the present term of this court, when you take charge of the jury impaneled for the trial of any cause, you will, after they have been charged by the court, keep them together in some suitable place; that you will suffer no person to speak to them upon the matters submitted to their charge until they are agreed, nor will you speak to them yourself about the same, but in court, or to ask them whether they are agreed; and that you will not, in any cause, disclose the verdict of the jury or any conversation they may have respecting the cause they may have in charge, until they have delivered up their verdict in court, or been released from their charge by order of court. So help you God.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5808. Oath to be administered to officer taking charge of jury in criminal cause, during a recess of the court

§ 5808. Oath to be administered to officer taking charge of jury in criminal cause, during a recess of the court
You solemnly swear that you will keep together the persons composing this jury during any recess of the court, until they return into court, and that, in the meantime, you will suffer no person to speak to them, or speak to them yourself, concerning the cause on trial or any matter thereto relating. So help you God.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5811. Oath to be administered to interpreter of testimony

§ 5811. Oath to be administered to interpreter of testimony
You solemnly swear that you will justly, truly, and impartially interpret to A. B. the oath about to be administered to him or her, and the testimony he or she shall give relative to the cause now under consideration. So help you God.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5812. Oath to be administered to attorneys

§ 5812. Oath to be administered to attorneys
You solemnly swear (affirm) that you will do no falsehood, nor consent that any be done in court, and if you know of any, you will give knowledge thereof to the judges of the court or some of them, that it may be reformed; that you will not wittingly, willingly, or knowingly promote, sue, or procure to be sued, any false or unlawful suit, or give aid or consent to the same; that you will delay no person for lucre or malice, but will act in the office of attorney within the court, according to your best learning and discretion, with all good fidelity as well to the court as to your client. So help you God (or, “under the pains and penalties of perjury”). (Amended 2019, No. 167 (Adj. Sess.), § 11, eff. October 7, 2020.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5813. Oath to be administered to officials, committees, etc

§ 5813. Oath to be administered to officials, committees, etc
The form of oath to be administered to persons appointed in pursuance of the provisions of law, to perform any duty or execute any office, commission, or trust whatever, where an oath is required, and a specific form is not provided, shall be as follows:
Or, when the person to be sworn produces to the magistrate a warrant of appointment, commission, or other certificate, the oath may be thus:
You solemnly swear that you will faithfully execute the duties assigned you by this warrant (commission, rule, or other certificate of appointment,) (as the case may be) to the best of your judgment and abilities, according to law. So help you God.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5851. Affirmation

§ 5851. Affirmation
In the administration of an oath, the word “swear” may be omitted, and the word “affirm” substituted, when the person to whom the obligation is administered is religiously scrupulous of swearing, or taking an oath in the prescribed form; and, in such case, the words “so help you God” may be omitted, and the words “under the pains and penalties of perjury” substituted; and a person so affirming shall be considered, for every legal purpose of privilege, qualification, or liability, as having been duly sworn.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5852. Oaths of office; by whom administered

§ 5852. Oaths of office; by whom administered
When other provision is not made by law, oaths of office may be administered by any Justice of the Supreme Court, Superior judge, assistant judge, justice of the peace, notary public, or the presiding officer, secretary, or clerk of either house of the General Assembly, or by the Governor. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 169, eff. March 29, 1972; 1991, No. 22; 2009, No. 154 (Adj. Sess.), § 88.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5853. By clerks of courts, referees, etc

§ 5853. By clerks of courts, referees, etc
Clerks and registers of courts, committees of the General Assembly, and referees, auditors, commissioners, special masters, and committees appointed by a court of law may administer oaths necessary to be taken for the establishment of truth or the furtherance of justice in any matter coming before such court, board, or commission for investigation.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5854. Oaths, administering by court clerks, justices, notaries, etc.; certification

§ 5854. Oaths, administering by court clerks, justices, notaries, etc.; certification
The Clerk of the Supreme Court, county clerks, justices of the peace, judges and registers of probate, judges and clerks of the Criminal Division of the Superior Court, notaries public and masters appointed by a Superior Court under an order of referee may administer oaths in all cases where an oath is required, unless a different provision is expressly made by law; and a notary public need not affix his or her official seal to a certificate of an oath administered by him or her. County clerks and clerks of the Criminal Division of the Superior Court may certify the oaths administered by them under the seal of the court. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 170, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 211 - Oaths › § 5855. Oaths and acknowledgments by members of the U.S. Armed Forces

§ 5855. Oaths and acknowledgments by members of the U.S. Armed Forces
Whenever an oath of office, oath to an affidavit, deposition, or other written instrument or an acknowledgment of a deed, lease, conveyance, release, or other written instrument is required for use in or in connection with any matter pending in this State, such oaths may be taken before any officer of the U.S. Armed Forces of the rank of captain or rank superior thereto of the Army or equivalent rank in the other branches of service or by a person authorized by law where such oath or acknowledgment is to be taken to administer oaths and the officer or person who administers such oath or takes such acknowledgment shall state such fact thereunder over his or her signature and rank or title.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 212 - Limitation on Liability for Agritourism Activity › § 5871. Definitions

§ 5871. Definitions
As used in this chapter:
(1)(A) “Agritourism activity” means an interactive or passive activity that is carried out for recreational, entertainment, or educational purposes on a farm and includes farming, food production, historical, cultural, pick-your-own, and nature-based activities.
(B) “Agritourism activity” does not include lodging at a farm or shopping at a roadside farm stand or operation exclusively devoted to the sale of merchandise or food at retail.
(2) “Agritourism host” means a person who provides the facilities and equipment necessary to participate in an agritourism activity.
(3) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria established by the Required Agricultural Practices.
(4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).
(5) “Inherent risk” means any danger or condition that is an integral part of, or arises from, an agritourism activity, including:
(A) the propensity of a wild animal or domestic animal to behave in ways that may result in injury or death to persons on or near the wild animal or domestic animal;
(B) a hazard such as a surface or subsurface condition;
(C) a natural condition of land, vegetation, or waters;
(D) the ordinary dangers of structures or equipment used in farming; and
(E) the potential of a participant to act in a negligent way that may contribute to injury or death to the participant or others, such as failing to follow safety procedures or failing to act with reasonable caution while engaging in an agritourism activity.
(6)(A) “Participant” means any individual who is invited to observe or participate in an agritourism activity, regardless of whether the individual paid to observe or participate in the agritourism activity.
(B) “Participant” does not mean an individual who is paid to participate in an agritourism activity. (Added 2021, No. 31, § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 212 - Limitation on Liability for Agritourism Activity › § 5872. Limitation on duty to protect

§ 5872. Limitation on duty to protect
(a) Except as provided in subsection (b) of this section, an agritourism host shall not have a legal duty to protect a participant from the inherent risks of an agritourism activity and shall not be liable for injury to or death of a participant or damage to the property of a participant resulting from the inherent risks of an agritourism activity, provided that the agritourism host posts the warning required under section 5873 of this title.
(b) Nothing in subsection (a) of this section shall limit the liability of an agritourism host who:
(1) commits a negligent act or omission concerning the safety of a participant that proximately causes injury or death to the participant;
(2) has actual knowledge of:
(A) a dangerous condition on the land, facilities, or equipment used in the activity, or
(B) the dangerous propensity of an animal used in the activity, which proximately causes injury or death to the participant, and does not make that danger known to the participant;
(3) intentionally injures a participant or intentionally damages a participant’s property;
(4) commits any other act, error, or omission that constitutes willful or wanton misconduct or criminal conduct that proximately causes injury or death to the participant; or
(5) fails to post the warning required under section 5873 of this title.
(c) Nothing in subsection (a) of this section shall prevent or limit the liability of an agritourism host under product liability law.
(d) Any limitation on liability afforded by this section to an agritourism host is in addition to any other limitations on liability otherwise provided by law. (Added 2021, No. 31, § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 212 - Limitation on Liability for Agritourism Activity › § 5873. Warning notice; posting; contracts

§ 5873. Warning notice; posting; contracts
(a) To qualify for the limitation on liability under section 5872 of this title:
(1) an agritourism host shall post and maintain a sign in a clearly visible location at or near the main entrance to each agritourism activity and in black letters at least one inch in height containing the warning notice specified in subsection (b) of this section; and
(2) every written contract entered into between an agritourism host and a participant for goods or services related to an agritourism activity shall contain in clearly visible print the warning notice specified in subsection (b) of this section.
(b) The warning notice required under subsection (a) of this section shall read: “WARNING: Under Vermont law, an agritourism host is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of the agritourism activity. Inherent risks include the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity.” (Added 2021, No. 31, § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 213 - Judicial Forms › § 5901. Forms prescribed; alterations

§ 5901. Forms prescribed; alterations
The forms of writs set out in this chapter, in the several courts of this State, and other proceedings, shall, as near as circumstances will admit, be adopted and used, and shall be sufficient in law; but alterations may be made and allowed by the courts when necessary to adapt them to changes in the law.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 213 - Judicial Forms › § 5913. Habeas corpus

§ 5913. Habeas corpus
Writ of Habeas Corpus
(Commencement as in § 5903.)
To the sheriff of .................. (or person having the custody of the prisoner,) (to be designated by his or her name or name of office) or to any sheriff in the State, or his or her deputy, (as the case may be)
Greeting:
By the authority of the State of Vermont, you are hereby commanded that the body of A. B. of ............................................. , in the prison in ............................................. , in the county of .................. , (or by you imprisoned and restrained of his or her liberty,) (as the case may be) together with the day and cause of his or her commitment (taking and detaining,) by whatsoever name the said A. B. shall be called or charged, you have forthwith before the .............................. court now sitting at, etc., or before me, at ........................................ (if issued by a Justice of the Supreme Court or a Superior judge) to do and receive what the said court shall then and there consider concerning him or her in this behalf, and have you have this writ.
(in case of imprisonment or detention by any person not an officer of this State, or of the courts of the United States, insert as follows) And you are hereby further commended to summon the said ........................................ (naming the person by whom such prisoner is restrained) to appear before said court or before me (as the case may be) at the time and place aforesaid, and show the cause, if any he or she have, of the taking and of detaining said A. B.
Dated at .............................. in the county of .................... , the .................... day of .............................. A.D. 20 ..........
Judge, etc., or Clerk.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 213 - Judicial Forms › § 6005. Warrant—issued on bailpiece furnished to surety in jail bond

§ 6005. Warrant—issued on bailpiece furnished to surety in jail bond
Warrant to be Issued on the Bailpiece Furnished to a Surety in Jail Bond
(Commencement and direction as in § 5903.)
(Conclusion and date as in § 5912.)
J. I., Justice of the Peace.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 213 - Judicial Forms › § 6009. Poor debtor—oath

§ 6009. Poor debtor—oath
Poor Debtor’s Oath
The oath to poor debtors shall be administered by the commissioners of jail delivery in the following form:
“You solemnly swear that you have not estate, real or personal, to the amount of $20.00, nor sufficient to satisfy the execution on which you are committed, except such as is exempt from execution; and that you have not, directly or indirectly, disposed of any part of your estate to defraud your creditors; and that you have not, since your commitment, disposed of any of your property to defraud the creditor on whose execution you are committed. So help you God.”
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 213 - Judicial Forms › § 6042. Perjury before person or board authorized to examine witnesses

§ 6042. Perjury before person or board authorized to examine witnesses
Indictment Against a Person for Committing Perjury Before a Person, or Board Consisting of More Than One Person, Authorized by Law to Examine Witnesses Under Oath
............................ County, ss. } term of the Superior Court begun
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 213 - Judicial Forms › § 6043. Perjury in swearing to material matter in relation to which oath is authorized

§ 6043. Perjury in swearing to material matter in relation to which oath is authorized
Indictment Against a Person for Committing Perjury in Swearing or Affirming to a Material Matter in a Writing in Relation to Which an Oath or Affirmation is Authorized by Law
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 213 - Judicial Forms › § 6044. Presentments for intoxication, breach of peace, and tramping

§ 6044. Presentments for intoxication, breach of peace, and tramping
The presentments for intoxication, breach of the peace, and tramping, as provided for in 13 V.S.A. § 5507, shall be in substance as follows:
STATE OF VERMONT
(INTOXICATION)
(BREACH OF THE PEACE.)
Same as intoxication to italics, then in place of italics: “did disturb and break the public peace by tumultuous and offensive carriage, by threatening, quarreling, assaulting, beating, and striking (name of person assaulted).” Then continue as in intoxication after italics.
(TRAMPING.)
Same as intoxication to italics, then in place of italics: “was a transient person roving from place to place begging and living without labor or visible means of support.” Then continue as in intoxication after italics.
(TRAMPING.)
Same as intoxication to italics, then in place of italics: “did ride or attempt to ride on a railroad freight train and engine without to consent of the persons in charge thereof.” Then continue as in intoxication after italics.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7151. Emancipated minor; definition; criteria

§ 7151. Emancipated minor; definition; criteria
(a) As used in this chapter:
(1) “Emancipated minor” means a minor who:
(A) has entered into a valid civil marriage prior to July 1, 2023, whether or not such civil marriage was terminated by dissolution;
(B) is on active duty with any of the U.S. Armed Forces; or
(C) has been ordered emancipated pursuant to section 7155 of this title.
(2) “Risk of harm” means a significant danger that a child will suffer serious harm other than by accidental means, which would be likely to cause physical injury, neglect, emotional maltreatment, or sexual abuse.
(b) In order to become an emancipated minor by court order under this chapter, a minor at the time of the order must be a person who:
(1) Is 16 years of age or older but under the age of majority.
(2) Has lived separate and apart from the minor’s parents, custodian, or legal guardian for three months or longer.
(3) Is managing the minor’s own financial affairs.
(4) Has demonstrated the ability to be self-sufficient in the minor’s financial and personal affairs, including proof of employment or the minor’s other means of support. “Other means of support” does not include general assistance, Reach Up financial assistance, or relying on the financial resources of another person who is receiving such assistance or aid.
(5) Holds a high school diploma or its equivalent or is earning passing grades in an educational program approved by the court and directed toward the earning of a high school diploma or its equivalent.
(6) Is not under a legal guardianship or in the custody of the Commissioner for Children and Families.
(7) Is not under the supervision or in the custody of the Commissioner of Corrections. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2013, No. 131 (Adj. Sess.), § 104; 2023, No. 8, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7152. Jurisdiction

§ 7152. Jurisdiction
The Probate Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning the emancipation of minors. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 91, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7153. Petition; contents

§ 7153. Petition; contents
(a) A minor may petition the Probate Division of the Superior Court in the probate district in which the minor resides at the time of the filing for an order of emancipation. The petition shall state:
(1) the minor’s name and date of birth;
(2) the minor’s address;
(3) the names and addresses, if known, of the minor’s parents;
(4) the names and addresses of any guardians or custodians, including the Commissioner for Children and Families, appointed for the minor, if appropriate;
(5) specific facts in support of the emancipation criteria in subsection 7151(b) of this chapter; and
(6) specific facts as to the reasons why emancipation is sought.
(b) A minor may not file a petition under subsection (a) of this section unless the minor has lived in Vermont for three months or longer. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 92, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 217 - Emancipation of Minors › § 7154. Hearing; parties; notice

§ 7154. Hearing; parties; notice
(a) Upon the filing of the petition, the court shall schedule a hearing.
(b) The minor’s parents, guardian, or other person charged with the custody of the minor shall be parties to the proceedings and shall be given an opportunity to be heard.
(c) At least 30 days prior to the hearing, notice shall be given to the minor’s parents, guardian, or other person charged with the custody of the minor, unless the court finds that their addresses are unknown, or that there are other reasons notice cannot be given.
(d) If the minor has been committed to the custody or guardianship of the Commissioner for Children and Families, or a petition has been filed to commit the minor to the custody of the Commissioner, the Commissioner shall be a party to the action under this chapter.
(e) Any action under this chapter may be consolidated with any other action in the Probate Division of the Superior Court involving the interest or welfare of the minor.
(f) The burden of proving facts necessary to sustain the petition shall be on the minor and shall be by a preponderance of the evidence. (Added 1995, No. 145 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)