reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1613. Lawyer-corporate client privilege

§ 1613. Lawyer-corporate client privilege
Communications otherwise privileged under Rule 502 of the Vermont Rules of Evidence are privileged with respect to a corporation only if the representative client is a member of the control group of the corporation, acting in his or her official capacity. However, if the communications are with a representative client who is not a member of the control group, such communications are privileged only to the extent necessary to effectuate legal representation of the corporation. For purposes of this section, “control group” means:
(1) the officers and directors of a corporation; and
(2) those persons who:
(A) have the authority to control or substantially participate in a decision regarding action to be taken on the advice of a lawyer; or
(B) have the authority to obtain professional legal services or to act on advice rendered pursuant thereto, on behalf of the corporation. (Added 1993, No. 85, § 4b, eff. Jan. 1, 1994.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1614. Victim and crisis worker privilege

§ 1614. Victim and crisis worker privilege
(a)(1) “Crisis worker” means an employee or volunteer who:
(A) provides direct services to victims of abuse or sexual assault for a domestic violence program or sexual assault crisis program incorporated or organized for the purpose of providing assistance, counseling, or support services;
(B) has undergone 20 hours of training;
(C) works under the direction of a supervisor of the program, supervises employees or volunteers, or administers the program; and
(D) is certified by the director of the program.
(2) A communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of services to the victim or those reasonably necessary for the transmission of the communication.
(b) A victim receiving direct services from a crisis worker has the privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made by the victim to the crisis worker, including any record made in the course of providing support, counseling, or assistance to the victim. The crisis worker shall be presumed to have authority to claim the privilege but only on behalf of the victim. (Added 1993, No. 228 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1615. Journalist’s privilege

§ 1615. Journalist’s privilege
(a) Definitions. As used in this section:
(1) “Journalist” means:
(A) an individual or organization engaging in journalism or assisting an individual or organization engaging in journalism at the time the news or information sought to be compelled pursuant to subsection (b) of this section was obtained; or
(B) any supervisor, employer, parent company, subsidiary, or affiliate of an individual or organization engaging in journalism at the time the news or information sought to be compelled pursuant to subsection (b) of this section was obtained.
(2) “Journalism” means:
(A) investigating issues or events of public interest for the primary purpose of reporting, publishing, or distributing news or information to the public, whether or not the news or information is ultimately published or distributed; or
(B) preparing news or information concerning issues or events of public interest for publishing or distributing to the public, whether or not the news or information is ultimately published or distributed.
(b) Compelled disclosure.
(1) No court or legislative, administrative, or other body with the power to issue a subpoena shall compel:
(A) a journalist to disclose news or information obtained or received in confidence, including:
(i) the identity of the source of that news or information; or
(ii) news or information that is not published or disseminated, including notes, outtakes, photographs, photographic negatives, video or audio recordings, film, or other data; or
(B) a person other than a journalist to disclose news or information obtained or received from a journalist if a journalist could not be compelled to disclose the news or information pursuant to subdivision (A) of this subdivision (1).
(2) No court or legislative, administrative, or other body with the power to issue a subpoena shall compel:
(A) a journalist to disclose news or information that was not obtained or received in confidence unless it finds that the party seeking the news or information establishes by clear and convincing evidence that:
(i) the news or information is highly material or relevant to a significant legal issue before the court or other body;
(ii) the news or information could not, with due diligence, be obtained by alternative means; and
(iii) there is a compelling need for disclosure; or
(B) a person other than a journalist to disclose news or information obtained or received from a journalist if a journalist could not be compelled to disclose the news or information pursuant to subdivision (A) of this subdivision (2).
(c) No implication of waiver. The publication or dissemination of news or information shall not constitute a waiver of the protection from compelled disclosure as provided in subsection (b) of this section. (Added 2017, No. 40, § 1, eff. May 17, 2017.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1623. Penalty for disobeying subpoena

§ 1623. Penalty for disobeying subpoena
When a person upon whom a subpoena is legally served fails to appear according to such subpoena, without reasonable excuse, he or she shall forfeit to the party which issued the subpoena or on whose behalf it was issued a sum set by the court, but not exceeding $100.00 plus all costs of litigation incurred by that party as a result of the respondent’s noncompliance, including costs of issuing new subpoenas and incurring additional expenses for expert witnesses. Such person shall also pay such party all just damages, to be recovered in an action of tort on this statute. (Amended 1983, No. 230 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1624. Mittimus to compel attendance

§ 1624. Mittimus to compel attendance
When it appears to a court that a subpoena has been legally served on a person, and that such person has not obeyed the subpoena, the court may issue a mittimus to compel his or her attendance. (Amended 1983, No. 230 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1642. Impeachment of own witness

§ 1642. Impeachment of own witness
When, in the opinion of the court, a witness produced by a party is adverse, such party, by leave of court, may prove that such witness has made statements inconsistent with his or her testimony. Before such proof is given, the attention of the witness shall be called to the occasion of such supposed statements and he or she be asked whether or not he or she has made the same.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1643. Expert witness

§ 1643. Expert witness
An expert witness may be asked to state his or her opinion based on the witness’ personal observation, or on evidence introduced at the trial and seen or heard by the witness, or on his or her technical knowledge of the subject, without first specifying hypothetically in the question the data on which this opinion is based. On direct or cross-examination, such expert witness may be required to specify the data on which his or her opinion is based.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1644. Witnesses may be examined separately

§ 1644. Witnesses may be examined separately
On the trial of a civil cause, in its discretion, upon the application of either party, the Superior Court may order the witnesses of the adverse party examined separately and apart from each other. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 70.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1646. Evidence of sexual conduct

§ 1646. Evidence of sexual conduct
(a) In a civil action arising from alleged wrongful sexual activity and in professional licensing board administrative hearings where alleged wrongful sexual activity is an issue:
(1) Neither opinion evidence of, nor evidence of the reputation of the complaining witness’ sexual conduct shall be admitted.
(2) Evidence shall be required as it is for all other civil actions.
(3) Evidence of prior sexual conduct of the complaining witness shall not be admitted; provided, however, where it bears on the credibility of the complaining witness or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:
(A) evidence of the complaining witness’ past sexual conduct with the defendant;
(B) evidence of specific instances of the complaining witness’ sexual conduct showing the source of origin of semen, pregnancy, or disease;
(C) evidence of specific instances of the complaining witness’ past false allegations of wrongful sexual activity.
(b) In a civil action arising from alleged wrongful sexual activity, if a party proposes to offer evidence described in subdivision (a)(3) of this section, that party shall prior to the introduction of such evidence file written notice of intent to introduce that evidence, and the court shall order an in camera hearing to determine its admissibility. All objections to materiality, credibility, and probative value shall be stated on the record by the opposing party at the in camera hearing, and the court shall rule on the objections immediately, and prior to the taking of any other evidence. (Added 1995, No. 170 (Adj. Sess.), § 22, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1661. Attesting witnesses to wills and other instruments

§ 1661. Attesting witnesses to wills and other instruments
The provisions of sections 1601-1609 and 1642 of this title shall not affect the law relating to the attestation of the execution of last wills and testaments or of any other instrument. (Amended 1971, No. 185 (Adj. Sess.), § 49, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1662. Self incrimination—generally

§ 1662. Self incrimination—generally
The provisions of sections 1601-1609 and 1642 of this title shall not compel a person to subject himself or herself by his or her testimony to a prosecution for a criminal offense. (Amended 1971, No. 185 (Adj. Sess.), § 50, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1663. Suits or prosecutions for fraudulent conveyances

§ 1663. Suits or prosecutions for fraudulent conveyances
When a person testifies in a suit or proceeding at law, his or her testimony shall not be used as evidence to prove any fact in a suit or prosecution against him or her for a penalty for violation of a law in relation to fraudulent conveyance of property. (1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1664. Immunity of witnesses

§ 1664. Immunity of witnesses
(a) Whenever a witness refuses, on the basis of his or her privilege against self-incrimination, to testify or provide other information in a proceeding before or ancillary to a court or grand jury of the State of Vermont, and the presiding judge communicates to the witness an order issued under subsection (b) of this section, the witness may not refuse to comply with the order on the basis of his or her privilege against self-incrimination; but no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used for any purpose, including impeachment and cross-examination, against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. The State shall have the burden of proving beyond a reasonable doubt that any proffered evidence was derived from sources totally independent of the compelled testimony. If the witness is subsequently charged with an offense, other than perjury, the court may order the return of all copies of his or her compelled testimony. Nothing in this section shall preclude the Attorney General or a State’s Attorney from entering into an agreement with a witness, or from requesting an order from the presiding judge under subsection (b) of this section, under which the witness shall not be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence and no testimony given or procured pursuant to such agreement shall be received against him or her in any criminal investigation, proceeding, or trial, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with a court order.
(b) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a court or grand jury of the State of Vermont, the presiding judge may issue in accordance with subsection (c) of this section, upon the request of the Attorney General or a State’s Attorney, an order requiring such individual to give testimony or provide other information which he or she refuses to give or provide on the basis of his or her privilege against self-incrimination, such order to become effective as provided in subsection (a) of this section.
(c) The Attorney General or a State’s Attorney may request an order under subsection (a) of this section when in his or her judgment:
(1) the testimony or other information from such individual may be necessary to the public interest; and
(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his or her privilege against self-incrimination. (1971, No. 199 (Adj. Sess.), § 17, eff. July 1, 1972; 1973, No. 109, § 1, eff. July 1, 1973; 1981, No. 223 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1691. Production of books and papers; subpoena duces tecum

§ 1691. Production of books and papers; subpoena duces tecum
(a) In the trial of actions at law, and on motion and due notice, Supreme and Superior Courts may require the parties to produce any books or writings in their possession or power which contain evidence pertinent to the issue or relative to the action, and if the party fails to comply with the order, the court may render judgment against such party by nonsuit or default.
(b) When an action is pending in court against a person as cashier, director, or other officer of a bank, for a violation of the provisions of the general banking laws of this State or on a bond for the performance of his or her duties as cashier, director, or other officer of a bank, such court may compel the production of the books, papers, and records of the bank, upon trial, by service of a subpoena duces tecum on the officers of the bank having the same in charge. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 71.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1692. Certified copies of public records admissible

§ 1692. Certified copies of public records admissible
Unless otherwise provided, a certified or photographic copy of a record or document required by statute to be kept by a public official shall be competent evidence in a court in this State. Such official shall be a certifying officer for such purpose.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1693. Weather record

§ 1693. Weather record
A copy of the record of weather observations, taken under the direction of any department of the U.S. government, may be received in evidence in a civil cause in any court, if certified under oath by the officer in charge thereof at the place where the same was taken and kept. Such certified copy shall be prima facie evidence of the facts stated therein.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1694. Municipal ordinances; references in prosecutions

§ 1694. Municipal ordinances; references in prosecutions
In a prosecution for violation of an ordinance or bylaw of a municipal corporation, a copy thereof certified by its clerk to be a lawfully enacted and existing ordinance or bylaw of such municipal corporation shall be prima facie evidence thereof. The allegation that the acts constituting the offense charged are contrary to the form of such ordinance or bylaw, in such case made and provided, shall be a sufficient reference thereto. (Amended 1971, No. 228 (Adj. Sess.), § 28, eff. July 1, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1695. Records of births, civil marriages, and deaths

§ 1695. Records of births, civil marriages, and deaths
(a) A record of births, civil marriages, or deaths required by law to be kept or any certified copy thereof, shall not be competent evidence in any trial to prove a fact stated therein, except the fact of birth, civil marriage, or death.
(b) “Fact of birth” shall include only the name of the child born, the sex thereof, the place and date of the birth, the name of the father, and the maiden name of the mother, except that in bastardy proceedings a birth certificate shall not be evidence to prove the identity of the father.
(c) “Fact of civil marriage” shall include only the name of the parties to the civil marriage, the place and date of the civil marriage ceremony, and the name of the clergy or magistrate officiating at such ceremony.
(d) “Fact of death” shall include only the names of the deceased person, his or her sex, and the date and place of his or her death.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1696. Foreign records—births, marriages, and deaths

§ 1696. Foreign records—births, marriages, and deaths
A copy of the record of a birth, death, or marriage in another state or foreign country, certified under oath to be a true copy thereof, by a person who certifies under oath that he or she is the legal custodian of such record and that the laws of such state or foreign country require such birth, death, or marriage to be recorded, shall be received in the courts of this State as prima facie evidence of such birth, death, or marriage.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1697. Deeds, mortgages, and other public records

§ 1697. Deeds, mortgages, and other public records
A copy of the record of a deed, mortgage, or public record of another state or foreign country shall be received by the courts of this State as prima facie evidence of such document, if such copy is certified under oath to be a true copy thereof by a person who certifies under oath that he or she is the legal custodian thereof, and that the laws of such state or foreign country require such document to be recorded.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1698. Judgments

§ 1698. Judgments
A copy of the record of a judgment of a court of another state or foreign country shall be received by the courts of this State as prima facie evidence of such judgment, if such copy is certified under oath by the clerk of the court rendering such judgment to be a true copy thereof, that he or she is the legal custodian thereof, that the laws of such state or foreign country require such judgment to be recorded, and with a certificate under the seal of such court that he or she is such clerk or if without a seal, to be so certified.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1699. Foreign laws and decisions; determination by court

§ 1699. Foreign laws and decisions; determination by court
The statutes, laws, and decisions of another state may be evidenced, prima facie, in the courts of this State by a printed copy of the laws, which purports to be published by the authority of the other state. The determination of the laws shall be made by the court and not by the jury and shall be reviewable. (Amended 2021, No. 53, § 3.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1700. Uniform Business Records as Evidence Act

§ 1700. Uniform Business Records as Evidence Act
(a) The term “business,” as used in subsection (b) of this section, shall include every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.
(b) A record of an act, condition, or event shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition, or event, and if, in the opinion of the court, the sources of information, method, and time of preparation were such as to justify its admission.
(c) This section shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact it.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1701. Uniform Photographic Copies of Business and Public Records as Evidence Act

§ 1701. Uniform Photographic Copies of Business and Public Records as Evidence Act
(a) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original.
(b) This section shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1702. Missing persons—finding of presumed death under Federal Missing Persons Act

§ 1702. Missing persons—finding of presumed death under Federal Missing Persons Act
A written finding of presumed death, made by the officer or employee of the United States authorized to make such finding, pursuant to the Federal Missing Persons Act, as now or hereafter amended, or a duly certified copy of such finding, shall be received in any court, office, or other place in this State as evidence of the death of the person therein found to be dead, and of the date, circumstances, and place of his or her disappearance.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1703. Report as to status

§ 1703. Report as to status
An official written report or a record or duly certified copy thereof, made by such officer or employee, that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, or is dead or is alive, shall be received in any court, office, or other place in this State as evidence that such person’s status is as stated therein at the time of such report.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1704. Finding or report as prima facie evidence

§ 1704. Finding or report as prima facie evidence
For the purposes of sections 1702-1704 of this title any finding, report, or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in section 1702 of this title, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his or her authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his or her authority so to certify.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 63 - Records and Other Documents › § 1705. HIV-related testing information

§ 1705. HIV-related testing information
(a) No court of this State shall issue an order requiring the disclosure of individually-identifiable HIV-related testing or counseling information unless the court finds that the person seeking the information has demonstrated a compelling need for it that cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy interest of the test subject and the public interest which may be disserved by disclosure which deters future testing or which may lead to discrimination.
(b) Pleadings pertaining to disclosure of HIV-related testing and counseling information shall substitute a pseudonym for the true name of the subject of the test. The subject’s true name shall be communicated confidentially to the court and those parties who have a compelling need to know the subject’s true name. All documents filed with the court which identify the subject’s true name shall not be disclosed to any person other than those parties who have a compelling need to know the subject’s true name and the subject of the test. All such documents shall be sealed upon the conclusion of proceedings under this section.
(c) Before granting any such order, the court shall provide the individual whose test information is in question with notice and a reasonable opportunity to participate in the proceedings if he or she is not already a party.
(d) Court proceedings as to disclosure of counseling and testing information shall be conducted in camera unless the subject of the test agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice.
(e) Upon issuance of an order to disclose test results, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure. (Added 1987, No. 194 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1901. Exclusion of public

§ 1901. Exclusion of public
When a cause of scandalous or obscene nature is on trial, the presiding judge or the justice shall exclude therefrom all minors, unless necessarily present as parties or witnesses, and in his or her discretion, may exclude all persons not so present.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1905. Eminent domain; findings of damages; instructions to jury

§ 1905. Eminent domain; findings of damages; instructions to jury
A trier of fact in proceedings to determine damages due the owner of land taken by a governmental body by eminent domain shall find separately the value of each element thereof specified in 19 V.S.A. § 501(2). When a judge submits the determination thereof to a jury, he or she shall instruct the jury that they shall bring in a special verdict on each of those elements involved in the case. (1961, No. 179.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1908. Burden of proof

§ 1908. Burden of proof
For the purpose of this section, malpractice shall mean professional medical negligence comprised of the elements listed herein. In a malpractice action based on the negligence of the personnel of a hospital, a physician licensed under 26 V.S.A. chapter 23, a dentist licensed under 26 V.S.A. chapter 13, a podiatrist licensed under 26 V.S.A. chapter 7, a chiropractor licensed under 26 V.S.A. chapter 9, a nurse licensed under 26 V.S.A. chapter 27, or an osteopathic physician licensed under 26 V.S.A. chapter 33, the plaintiff shall have the burden of proving:
(1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised by a reasonably skillful, careful, and prudent health care professional engaged in a similar practice under the same or similar circumstances whether or not within the State of Vermont;
(2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and
(3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred. (Added 1975, No. 250 (Adj. Sess.), § 2, eff. April 7, 1976.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1909. Limitation of medical malpractice action based on lack of informed consent

§ 1909. Limitation of medical malpractice action based on lack of informed consent
(a) For the purpose of this section, “lack of informed consent” means:
(1) the failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto and the reasonably foreseeable risks and benefits involved as a reasonable medical practitioner under similar circumstances would have disclosed, in a manner permitting the patient to make a knowledgeable evaluation; or
(2) the failure to disclose the information required by subsection (d) of this section.
(b) The right of action to recover for medical malpractice based on a lack of informed consent shall not apply in the case of an emergency.
(c) It shall be a defense to any action for medical malpractice based upon an alleged failure to obtain such an informed consent that:
(1) the risk not disclosed is too commonly known to require disclosure and that the risk is not substantial;
(2) the patient assured the medical practitioner he or she would undergo the treatment, procedure or diagnosis regardless of the risk involved, or the patient indicated to the medical practitioner that he or she did not want to be informed of the matters to which he or she would be entitled to be informed;
(3) consent by or on behalf of the patient was not reasonably possible; or
(4) a reasonably prudent person in the patient’s position would have undergone the treatment or diagnosis if he or she had been fully informed.
(d) A patient shall be entitled to a reasonable answer to any specific question about foreseeable risks and benefits, and a medical practitioner shall not withhold any requested information.
(e) A motion for judgment for the defendant at the end of plaintiff’s case must be granted as to any cause of action for medical malpractice based solely on lack of informed consent if the plaintiff has failed to adduce expert medical testimony in support of the allegation that he or she was not provided sufficient information as required by subdivision (a)(1) of this section. (Added 1975, No. 250 (Adj. Sess.), § 3, eff. April 7, 1976; 2009, No. 25, § 5.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1912. Expression of regret or apology by health care provider inadmissible

§ 1912. Expression of regret or apology by health care provider inadmissible
(a) An oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, made by or on behalf of a health care provider or health care facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the error, does not constitute a legal admission of liability for any purpose and shall be inadmissible in any civil or administrative proceeding against the health care provider or health care facility, including any arbitration or mediation proceeding.
(b) In any civil or administrative proceeding against a health care provider or health care facility, including any arbitration or mediation proceeding, the health care provider, health care facility, or any other person who makes an oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, on behalf of the provider or facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the potential adverse outcome, may not be examined by deposition or otherwise with respect to the expression of regret, apology, or explanation.
(c) As used in this section:
(1) “Health care facility” shall have the same meaning as in 18 V.S.A. § 9402(6).
(2) “Health care provider” shall have the same meaning as in 18 V.S.A. § 9402(7).
(d) The liability protections afforded by subsections (a) and (b) of this section shall not be construed to limit access to information that is otherwise discoverable.
(e) This section shall apply only to medical errors that occur on or after July 1, 2006. (Added 2005, No. 142 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1943. Confinement and care of jury

§ 1943. Confinement and care of jury
When the court has committed a cause to its consideration, the jury shall be confined until it agrees on a verdict or is discharged. While so confined, the jury shall be under the care of an officer appointed by the court and sworn for that purpose.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1944. Appointment of jury foreman

§ 1944. Appointment of jury foreman
In the trial of a cause in the Superior Court by jury, the court shall appoint one of the jurors foreman at the time such cause is submitted. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1945. Return of jury for further consideration

§ 1945. Return of jury for further consideration
If the judges of the Superior Court before whom a cause is tried consider that the jury has mistaken the law or evidence material to the issue or has not paid proper attention thereto, they may cause it to return to a second and third consideration of the cause. If the jury does not alter or retract its verdict, the same shall be received. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1947. Treating jurors; new trial

§ 1947. Treating jurors; new trial
A verdict shall be set aside and a new trial granted on proof that a party in whose favor such verdict is rendered and during the same term of court, gives to a juror, knowing him or her to be a juror in the cause, victuals or drink or procures it to be done by way of treat either before or after such verdict.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 81 - Conduct of Trial › § 1948. View of premises by jury

§ 1948. View of premises by jury
When on the trial of a cause in the Superior Court for damages to real estate, or in an action in which the title to land is concerned, it is necessary that a view be had of the premises, on motion of either party, the court may grant such view at the expense of the party making the motion. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2136. Costs in Supreme and Superior Courts when nominal damages are recovered

§ 2136. Costs in Supreme and Superior Courts when nominal damages are recovered
When the plaintiff in an action in Superior or Supreme Court recovers judgment for a nominal sum for debt or damages, in its discretion, the court may make such order in respect to plaintiff’s costs as is equitable, but not to exceed his or her taxable costs. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 72.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2137. Costs exceeding damages

§ 2137. Costs exceeding damages
Unless the plaintiff recovers more than $7.00 damages in actions for trespass on the freehold, other than those in which the right of title or possession of real estate comes in question, actions for slanderous words, actions for assault and battery and actions for false imprisonment, commenced before a District or Superior Court, he or she shall not recover more costs than damages. In such actions for trespass on the freehold or for assault and battery, if the court is of opinion that the trespass was willful and malicious, and so certifies, the plaintiff shall recover full costs. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2139. Tender of confession of judgment

§ 2139. Tender of confession of judgment
When a debtor, before or after an action is commenced, tenders to the creditor or to his or her agent or attorney holding the obligation or account against such debtor, a confession of judgment before a district judge for the amount of the debt and costs then accrued, and such tender is refused, the creditor shall not recover the costs made after such tender in procuring judgment for his or her debt. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 17, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2142. Apportioning costs in case of several issues or claims

§ 2142. Apportioning costs in case of several issues or claims
When an action pending in a District or Superior Court or in the Supreme Court involves the trial of several and distinct issues or of several and distinct claims, in taxing the costs, the court shall allow to each party the costs accruing upon the issues or claims upon which he or she prevails. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2143. Actions which might have been joined

§ 2143. Actions which might have been joined
If more than one action founded on a joint and several contract, or on different contracts between the same parties, are pending in a court at the same time, in its discretion, the court shall allow only such costs as are equitable between the parties.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2144. Two judgments at one term; motion to chancer or redeem

§ 2144. Two judgments at one term; motion to chancer or redeem
Unless there is a hearing on motion for a new trial, costs shall not be taxed for two judgments in one action at the same term nor shall costs be taxed on a motion to chancer or redeem, other than as provided by law.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2145. Action on receipt for property levied upon

§ 2145. Action on receipt for property levied upon
Costs shall not be allowed the plaintiff in an action founded upon a receipt given to an officer for property taken by virtue of a writ of execution, unless the defendant delays final judgment by obtaining a continuance or entering an appeal.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2146. Account which might have been adjusted in former action

§ 2146. Account which might have been adjusted in former action
In an action founded on book account, a defendant who has personal notice of the action and neglects to present his or her account against the plaintiff and have it adjusted in such action, shall not recover costs in an action to recover the amount of such account against such plaintiff.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2147. Action on judgment upon which execution might have issued

§ 2147. Action on judgment upon which execution might have issued
A person commencing an action founded on a judgment rendered in this State, upon which at the time of bringing his or her action execution might issue, shall not recover costs, if the court before whom it is brought considers that it was commenced without sufficient cause and that the creditor might as well have recovered his or her demand by execution.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2148. Consolidation of actions against directors

§ 2148. Consolidation of actions against directors
(a) In all causes brought to the same Superior Court in favor of different creditors of a corporation against the directors thereof, or some of them jointly, based upon the provisions of the act or articles of incorporation, or a statute, to recover for loss sustained by such creditors by reason of the incompetency, neglect or remissness of such directors, and where the same parties are defendants in each action, such causes may be consolidated by the court, upon request of the defendants or upon request of such of the several plaintiffs as shall join in a motion therefor, and proceed to final judgment as one cause, and only one bill of costs shall be allowed to the successful party in court.
(b) If such judgment is for the plaintiffs, it shall show the amount of damages awarded to each. Separate executions shall issue thereon, with full costs in one cause and costs of writ, service and court fees in the others. If such judgment is for the defendants, the execution shall run against all the plaintiffs; but, as between themselves, they shall bear the costs in proportion to the amount of their respective claims.
(c) When actions are brought by several plaintiffs against the same defendants, as provided in subsection (a) of this section and any of such causes are continued by the term without the fault of either party, or to await the result of similar pleadings in another cause, costs shall not be taxed at such term in favor of either party, except court fees. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2150. Actions on negotiable paper or nonnegotiable choses in action

§ 2150. Actions on negotiable paper or nonnegotiable choses in action
In an action brought on a negotiable note or bill or on a nonnegotiable chose in action, the plaintiff shall not recover more costs than would have been taxed if the action had been brought in the name of the original payee or assignor.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 85 - Costs › § 2152. Penalty for taxing or taking illegal costs or fees

§ 2152. Penalty for taxing or taking illegal costs or fees
A clerk of a court who, in taxing costs, knowingly includes a greater sum than is provided for by law, or a person practicing before a court who knowingly makes up, takes, or receives a greater sum in costs than is provided for by law, or a person who knowingly receives greater fees than the law provides, shall pay to the person aggrieved 10 times such excess, to be recovered with costs in an action of tort on this statute.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 101 - New Trials; Appeals for Fraud, Accident, or Mistake › § 2357. Appeals in probate proceedings—Fraud, accident, or mistake

§ 2357. Appeals in probate proceedings—Fraud, accident, or mistake
When the petitioner has been prevented from taking or entering an appeal in a probate proceeding by fraud, accident, or mistake, on petition and proof thereof, the Supreme or Superior Court in its discretion may grant leave to file a notice of appeal from an order, sentence, decree, or denial of the Probate Division of the Superior Court or from a determination of commissioners on the estate of a deceased person in those cases which are by law appealable. (Amended 1959, No. 261, § 55; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 73, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 101 - New Trials; Appeals for Fraud, Accident, or Mistake › § 2358. Service of petition; time limitation

§ 2358. Service of petition; time limitation
The petition shall be filed and served on the adverse party like a summons and complaint. The adverse party shall file and serve an answer. The petition shall not be sustained unless it is preferred within two years after the alleged fraud, accident, or mistake happened, provided that the petition shall be brought before the estate is fully settled in the Probate Division of the Superior Court. (Amended 1971, No. 185 (Adj. Sess.), § 52, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 101 - New Trials; Appeals for Fraud, Accident, or Mistake › § 2362. Recognizance on petition to enter an appeal

§ 2362. Recognizance on petition to enter an appeal
A petition to enter an appeal shall not issue until a Justice of the Supreme Court, the presiding judge, or a district judge of the court having jurisdiction of the same, as the case may be, has taken sufficient security by way of recognizance to the adverse party, which shall be minuted on the summons or petition, conditioned that, if the petitioner fails to prosecute his or her petition to effect or finally to recover in the action, he or she will pay the adverse party the intervening damages and costs accruing to him or her by reason of such petition. (Amended 1971, No. 185 (Adj. Sess.), § 54, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 101 - New Trials; Appeals for Fraud, Accident, or Mistake › § 2363. Stay of proceedings; bail and liens not affected

§ 2363. Stay of proceedings; bail and liens not affected
In his or her discretion, a justice or judge of the court having jurisdiction of such petition, by an order signed by him or her, may direct a stay of proceedings on the judgment, whether execution has issued or not, until a final decision is made upon such petition. Such stay of proceedings shall not operate to discharge or release bail or extinguish or prevent the perfecting of a lien which the petitionee has acquired upon the property of the petitioner by attachment or levy of execution.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 101 - New Trials; Appeals for Fraud, Accident, or Mistake › § 2365. Copy of process and recognizance to be filed

§ 2365. Copy of process and recognizance to be filed
The magistrate ordering a stay of proceedings shall take a copy of the process and recognizance, and file the same in the office of the clerk of the court to which the petition is made returnable or with the judge of the court, if it has no clerk.