reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 554. Alien enemies in time of war

§ 554. Alien enemies in time of war
When a person is disabled to prosecute an action by being a subject or citizen of a country at war with the United States, the time of the continuance of such war shall not be deemed part of the respective periods limited in this chapter for the commencement of actions.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 555. Fraud

§ 555. Fraud
When a person entitled to bring a personal action is prevented from so doing by the fraudulent concealment of the cause of such action by the person against whom it lies, the period prior to the discovery of such cause of action shall be excluded in determining the time limited for the commencement thereof.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 555a. Fraudulent transfers

§ 555a. Fraudulent transfers
Limitations of actions with respect to fraudulent transfers or obligations under 9 V.S.A. chapter 57, subchapter 1, shall be governed by the provisions of 9 V.S.A. § 2293. (Added 1995, No. 179 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 556. Injunction staying action

§ 556. Injunction staying action
When the commencement of an action is stayed by injunction, the time during which such injunction is in force shall not be deemed a part of the time in this chapter limited for the commencement of such action.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 557. Death of party

§ 557. Death of party
(a) If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action may be commenced as provided by this chapter or dies within 30 days after the expiration of such times, the period of limitation as to such action shall cease to operate at the date of his or her death. After the issuance of letters testamentary or of administration, such action, if the cause of action survives, may be commenced by or against the executor or administrator within two years, and not after.
(b) If commissioners are appointed on such estate and the claim against the decedent is a claim proper for the consideration of the commissioners, the same shall be presented to the commissioners within the time allowed other creditors to present their claims. Such claim may be presented to the commissioners any time within 15 years after the date of such death, and not after, but such claim shall be presented in accordance with the provisions of 14 V.S.A. chapter 65.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 558. New action after failure of original action

§ 558. New action after failure of original action
(a) The plaintiff may commence a new action for the same cause within one year after the determination of the original action, when the original action has been commenced within the time limited by any statute of this State, and the action has been determined for any of the following reasons:
(1) where the action is dismissed for insufficiency of process caused by unavoidable accident or by default or neglect of the officer to whom the process was committed;
(2) where the action is dismissed for lack of jurisdiction of the subject matter or person, improper venue, or failure to join an indispensable party;
(3) where the action is defeated or avoided by the death of a party thereto;
(4) where judgment for the plaintiff is reversed on appeal on one of the grounds listed in subdivisions (1) and (2) of this subsection.
(b) If the cause of action survives, the plaintiff’s executor or administrator may commence the action within one year after the determination of the original action. If an executor or administrator is not appointed within that time, then the new action may be commenced within one year after letters testamentary or of administration are granted. (Amended 1971, No. 185 (Adj. Sess.), § 34, eff. March 29, 1972; 1973, No. 151 (Adj. Sess.), § 1, eff. date, see note set out below.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 560. Childhood sexual abuse

§ 560. Childhood sexual abuse
When a person entitled to bring an action for damages as a result of childhood sexual abuse is unable to commence the action as a direct result of the damages caused by the sexual abuse, the period during which the person is incapacitated shall not be taken as a part of the time limited for commencement of the action. (Added 1989, No. 292 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 592. Indorsement or memorandum of payment

§ 592. Indorsement or memorandum of payment
This chapter shall not alter or take away the effect of the payment of any principal or interest; but an indorsement or memorandum of such payment made upon a promissory note, bill of exchange, or other writing, unless in the handwriting of the party making the payment, shall not be proof of the payment sufficient to take the cause out of the provisions of this chapter.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 593. Joint promisors—Promise or payment by one

§ 593. Joint promisors—Promise or payment by one
When there are two or more joint contractors, or joint executors, or administrators of a contractor, such joint contractor, executor, or administrator shall not lose the benefit of the provisions of this chapter, so as to be chargeable by reason of an acknowledgment, promise, or payment made or signed by any other of them.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 594. Recovery where action not barred as to all

§ 594. Recovery where action not barred as to all
In actions against two or more joint contractors, or joint executors or administrators of a contractor, if it appears on the trial that the plaintiff is barred by the provisions of this chapter as to any of the defendants, but is entitled to recover against any other of them by virtue of a new acknowledgment or promise, or otherwise, judgment shall be given for the plaintiff as to any of the defendants against whom he or she is entitled to recover, and for the other defendant or defendants against the plaintiff.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 654. Signing of original writs

§ 654. Signing of original writs
(a) [Repealed.]
(b) The signing of original writs is a ministerial act and may be done in advance of issuance. The signature of an attorney, except when he or she is the plaintiff, to a writ, pleading, notice of appeal, or other form, constitutes and shall be deemed security, by way of recognizance, for the issuance of such writ or the filing of such pleading, notice of appeal, or other form, and such attorney shall be liable to each defendant in the sum of $50.00 for writs returnable to a Superior Court. (Amended 1959, No. 261, § 5; 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 15, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 69.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 662. Signing citations attached to highway petitions

§ 662. Signing citations attached to highway petitions
Superior judges may sign citations returnable to the Superior Court in the county in which they reside, which are attached to petitions relative to highways. (Amended 1965, No. 194, § 10, eff. July 10, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 16, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 691. Service of civil or criminal process

§ 691. Service of civil or criminal process
(a) Sheriffs and constables may serve either civil or criminal process, anywhere within the State and returnable to any court.
(b) Sheriffs and constables shall not be subject to civil or criminal liability for unlawful trespass in serving either civil or criminal process, including citations, summons, subpoenas, warrants, and other court orders, provided the scope of their entrance onto the property of another is no more than necessary to effectuate the service of process. (Amended 2013, No. 49, § 2.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 692. Deputy sheriffs

§ 692. Deputy sheriffs
Deputy sheriffs shall have the same powers and be subject to the same liabilities in the service of process as sheriffs, whether the process is directed to the sheriff or the deputy. If a sheriff is confined in prison upon legal process, his or her deputies may serve precepts in their hands at the time and such as they receive within three days thereafter.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 694. Disqualifications

§ 694. Disqualifications
(a) An officer shall not serve a writ drawn on a note originally payable to himself or herself and sued in the name of an indorsee, nor where he or she, or a private corporation of which he or she is a member, is a party or interested.
(b) Such officer shall not be disqualified from serving process for or against a town or county by reason of being a taxpayer therein nor for or against a railroad corporation by reason of being a taxpayer in a town owning stock in such corporation, nor for or against a savings bank or savings institution by reason of being a corporator or officer thereof.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 695. Receipt for process

§ 695. Receipt for process
A person may demand a receipt of an officer to whom he or she delivers a writ or precept, in which the sum or thing in demand, the date of such writ or precept and of its delivery, shall be stated. On the refusal of such officer to execute such receipt, a person present may subscribe his or her name as a witness to such delivery.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 696. Sheriffs’ duties to receive, execute, and return writs

§ 696. Sheriffs’ duties to receive, execute, and return writs
Sheriffs shall receive all writs and precepts issuing from lawful authority at any time and place within their respective precincts, unless they can show reasonable cause to the contrary, and shall execute and return the same agreeably to the direction thereof.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 697. Sheriffs’ liabilities

§ 697. Sheriffs’ liabilities
A sheriff who willfully refuses or neglects to serve or return such writ or precept, or who makes a false or undue return, shall be fined not more than $100.00 with costs and shall pay to the party aggrieved damages sustained thereby.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 698. Special deputations

§ 698. Special deputations
(a) The sheriff may depute a proper person to serve a writ at the risk of the plaintiff in such writ by indorsing thereon a special deputation, and, when he or she deems it necessary, may depute some person to serve a warrant in a criminal cause or any other precept by indorsing a special deputation on such writ or precept.
(b) Such special deputy shall make oath to his or her service and return and that he or she did not make or alter the writ, warrant, or precept by him or her served. He or she shall cause to be indorsed thereon a certificate of such oath. Service so made shall be as valid as if made by the sheriff.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 700. Completion of service of process or foreclosure of mortgage or lien

§ 700. Completion of service of process or foreclosure of mortgage or lien
When an officer who by law may serve process dies, becomes ill, disqualified, or incapacitated, having in his or her hands any process for service, or any chattel mortgage or conditional sale lien for foreclosure, any other officer who may by law serve such process or make such foreclosure and who has a knowledge of the facts may certify the proceedings thereon of such original officer, and make or complete such service or foreclosure, as the case may be
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 701. Summons

§ 701. Summons
(a) Any law enforcement officer authorized to serve criminal process or a State’s Attorney may summon a person who commits an offense to appear before Superior Court by a summons in such form as prescribed by the Court Administrator, stating the time when, and the place where, the person shall appear, signed by the enforcement officer or State’s Attorney and delivered to the person.
(b) When an individual accepts a precharge services contract, the State’s Attorney may issue a new citation ordering the individual to court in the event the individual fails to comply with the terms of the contract. The pretrial monitor may provide the citation to the individual at the time the individual accepts the precharge contract. This shall be considered effective service.
(c) A person so summoned shall appear at the time and place stated in the summons delivered to him or her. A person who does not so appear shall be fined not more than $100.00 or be imprisoned not more than 90 days, or both.
(d) [Repealed.] (Added 1971, No. 228 (Adj. Sess.), § 29, eff. July 1, 1972; amended 1971, No. 258 (Adj. Sess.), § 17, eff. July 1, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2015, No. 12, § 3, eff. May 1, 2015; 2018, No. 8 (Sp. Sess.), § 4, eff. June 28, 2018.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 731. Indifferent person, appointment of

§ 731. Indifferent person, appointment of
When a summons, writ, or other process is not specially required by law to be served by an officer, any Superior judge, or any judge of the court to which the process is returnable, may appoint an indifferent person to serve the process if it appears that service by that person will be more economical or efficient than service by an officer. (Amended 1971, No. 185 (Adj. Sess.), § 37, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 732. Power of specially appointed person

§ 732. Power of specially appointed person
The person so appointed shall have the power of a sheriff in the service and return of the process, and he or she shall make proof of the service by affidavit. (Amended 1971, No. 185 (Adj. Sess.), § 38, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 733. Fees

§ 733. Fees
When the service of any process is made for a party by a person specially appointed for that purpose, fees for the service shall not be recoverable of or taxed against the opposite party in excess of one-half of the taxable fees of a proper officer, had the process been served by that officer. (Amended 1971, No. 185 (Adj. Sess.), § 39, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 734. Property taken from specially appointed person by officer

§ 734. Property taken from specially appointed person by officer
When property is attached or taken in execution by a person specially appointed, it may be taken by an officer having an attachment or execution against it from the possession of the specially appointed person or his or her receiptor, but subject to the lien created by the previous attachment or taking in execution. (Amended 1971, No. 185 (Adj. Sess.), § 40, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 735. Delivery of writ; return; completion of service

§ 735. Delivery of writ; return; completion of service
When property is taken as outlined in section 734 of this title, the person specially appointed shall deliver to the officer the writ of attachment or execution upon which he or she took the property, with a return of his or her action thereon, unless the writ has been returned to the attorney or court signing the writ. The officer shall complete the service thereof. (Amended 1971, No. 185 (Adj. Sess.), § 41, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 736. Officer’s duties and liabilities

§ 736. Officer’s duties and liabilities
When property is taken by an officer from the possession of a specially appointed person or his or her receiptor, the officer shall be subject to the duties and liabilities relating to the property and arising by virtue of the previous attachment or taking in execution and shall be responsible for the property to the plaintiff or creditor having the prior lien thereon by virtue of the attachment, as the specially appointed person or his or her receiptor would have been if the property had not been taken from his or her possession. (Amended 1971, No. 185 (Adj. Sess.), § 42, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 814. Partnerships and unincorporated associations—suit in firm name; service of process

§ 814. Partnerships and unincorporated associations—suit in firm name; service of process
A partnership or an unincorporated association or joint stock company may sue and be sued in its firm, associate, or company name and service of process against such partnership, association, or company made upon any officer, a managing or general agent, a superintendent, any member thereof, or any agent authorized by appointment or by law to receive service of process, shall have the same force and effect as regards the joint rights, property, and effects of the partnership, association, or company as if served upon all the partners, associates, or shareholders. (Amended 1959, No. 261, § 9.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 815. Nonabatement on change in officers or members

§ 815. Nonabatement on change in officers or members
Such cause shall not abate by reason of the death, removal, or resignation of the president, other principal officer, clerk, or treasurer, or by the death or legal incapacity of any such partner, associate, or shareholder, or by reason of any change in the membership of such partnership, association, or company during the pendency of such cause.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 851. Service on Secretary of State

§ 851. Service on Secretary of State
When a foreign corporation has appointed the Secretary of State as its process agent pursuant to the statutes relating to such corporations, service of process made upon the Secretary by delivering to him or her duplicate copies thereof, shall be sufficient. A copy of the stipulation, filed under the provisions of 11 V.S.A. § 3011, 11A V.S.A. § 15.10, and 11B V.S.A. § 15.10, certified by the Secretary, with his or her certificate that process has been served on him or her, shall be sufficient evidence thereof.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 852. Fees; mailing of copy to corporation

§ 852. Fees; mailing of copy to corporation
When process is served on the Secretary of State under the provisions of section 851 of this title, there shall be paid to the Secretary by the officer at the time of such service the sum of $35.00. The Secretary shall forthwith forward by mail prepaid one of the duplicate copies to the corporation at its home office or to a person whom it designates. (Amended 1963, No. 37, § 6; 1967, No. 278 (Adj. Sess.), § 10, eff. July 1, 1968; 2023, No. 77, § 41, eff. June 20, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 853. Doing business by particular companies without designating process agent; penalty

§ 853. Doing business by particular companies without designating process agent; penalty
A person or agent for a foreign insurance, express, shipping car, telephone or telegraph company, or other foreign company doing like business, which has not designated the Secretary of State as its process agent, as required by 11 V.S.A. § 692 who solicits or receives a risk or application for insurance, or receives money or value for such insurance by such company, or receives money or value for the transportation of a package or property by such express or shipping car company, or for the transmission of a message or dispatch by such telegraph company, or receives money, rent, royalty, or income for such telephone company for the use of its instruments or lines or for the sending of any message, shall be fined not more than $500.00 nor less than $100.00.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 855. Doing business as appointment of process agent

§ 855. Doing business as appointment of process agent
If the contact with the State or the activity in the state of a foreign corporation, or the contact or activity imputable to it, is sufficient to support a Vermont personal judgment against it, the contact or activity shall be deemed to be doing business in Vermont by that foreign corporation and shall be equivalent to the appointment by it of the Secretary of the State of Vermont and his or her successors to be its true and lawful attorney upon whom may be served all lawful process in any action or proceedings against it arising or growing out of that contact or activity, and also shall be deemed to be its agreement that any process against it which is so served upon the Secretary of State shall be of the same legal force and effect as if served on the foreign corporation at its principal place of business in the state or country where it is incorporated according to the law of that state or country. (Amended 1967, No. 353 (Adj. Sess.), § 5, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 43, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 856. Service of process

§ 856. Service of process
Service of process by virtue of section 855 of this title shall be made by delivering to the Secretary of State duplicate copies of the process, with the officer’s return of service thereon, and a fee of $25.00, to be taxed in the plaintiff’s costs if he or she prevails. The Secretary shall forthwith forward one of the duplicate copies by registered mail prepaid to the corporation at its principal place of business in the state or country where it is incorporated, which principal place of business shall be stated in the process. The service shall be sufficient if a copy of the process, with the officer’s return thereon showing the service upon the Secretary of State, is sent by the plaintiff to the foreign corporation by registered mail, and if the plaintiff’s affidavit of compliance herewith is filed with the process in court. The Secretary shall file one of the copies and endorse upon each copy the day and hour of service. (Amended 1963, No. 37, § 7; 1967, No. 278 (Adj. Sess.), § 11, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 44, eff. March 29, 1972; 2013, No. 72, § 11.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 858. Alternative means of service

§ 858. Alternative means of service
As an alternative to service of process under this subchapter or when a stipulation appointing the Secretary of State as process agent is not filed with the Commissioner of Foreign Corporations, process may be served upon a foreign corporation in accordance with sections 912 and 913 of this title or by any method that the Supreme Court shall by rule provide for service upon a domestic corporation. (Added 1971, No. 185 (Adj. Sess.), § 234, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 891. Commissioner of Motor Vehicles as process agent

§ 891. Commissioner of Motor Vehicles as process agent
The acceptance by a person of the rights and privileges conferred upon him or her by Titles 19 and 23, as evidenced by his or her operating, or causing to be operated, a motor vehicle in this State shall be deemed equivalent to an appointment by such person of the Commissioner of Motor Vehicles, or his or her successor in office, to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against such person or his or her estate if he or she is deceased at the time when the suit is brought, growing out of any accident or collision in which such person may be involved while operating or causing to be operated a motor vehicle in this State. Such acceptance shall be deemed to be the agreement of such person that any process against him or her which is so served upon the Commissioner shall be of the same legal force and validity as if served on the person personally. (Amended 1969, No. 88, § 1, eff. April 18, 1969.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 892. Service on Commissioner; mailing copies; fees

§ 892. Service on Commissioner; mailing copies; fees
(a) Service of process shall be made by leaving a copy of the process with a fee of $15.00 with the Commissioner, or in his or her office. Service shall be sufficient upon the person, provided that a copy of the process with the officer’s return on it, showing service upon the Commissioner as provided in this section, is sent by the plaintiff to the defendant, or the personal representative of his or her estate, by registered or certified mail, and provided further that the plaintiff’s affidavit of compliance is filed with the process in court. The Commissioner shall file copies served upon him or her as provided in this section, and show upon each copy the day and hour of service.
(b) Such manner of service shall be in addition to all existing manner of service, rights, and remedies, and the availability of such manner of service shall not make the provisions of section 552 of this title inoperative, relative to tolling of the statute of limitations. (Amended 1961, No. 134; 1969, No. 88, § 2, eff. April 18, 1969; 1989, No. 51, § 6; 2001, No. 102 (Adj. Sess.), § 2, eff. May 15, 2002; 2003, No. 101 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 25 - Process › § 913. Effect of service outside the State

§ 913. Effect of service outside the State
(a) When process is served upon a party outside the State in such manner as the Supreme Court may by rule provide, the same proceedings may be had, so far as to affect the title or right to the possession of goods, chattels, rights, credits, land, tenements, or hereditaments in the State as if the process had been served on a party in the State.
(b) Upon the service, and if it appears that the contact with the State by the party or the activity in the State by the party or the contact or activity imputable to him or her is sufficient to support a personal judgment against him or her, the same proceedings may be had for a personal judgment against him or her as if the process or pleading had been served on him or her in the State.
(c) The provisions of subsection (b) of this section are in addition to all existing manner of service, rights, and remedies, and the availability of a personal judgment by reason of subsection (b) shall make the provisions of sections 855, 856, 891 and 892 of this title and 11 V.S.A. § 1630 alternative and not inoperative. (Amended 1967, No. 353 (Adj. Sess.), § 4, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 45, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 27 - Pleading and Practice › § 1036. Comparative negligence

§ 1036. Comparative negligence
Contributory negligence shall not bar recovery in an action by any plaintiff, or his or her legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants, but the damage shall be diminished by general verdict in proportion to the amount of negligence attributed to the plaintiff. Where recovery is allowed against more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of his or her causal negligence to the amount of causal negligence attributed to all defendants against whom recovery is allowed. (Added 1969, No. 234 (Adj. Sess.), § 1, eff. date see note; amended 1979, No. 179 (Adj. Sess.), § 1, eff. May 5, 1980.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 27 - Pleading and Practice › § 1037. Acceptance of inherent risks

§ 1037. Acceptance of inherent risks
Notwithstanding the provisions of section 1036 of this title, a person who takes part in any sport accepts as a matter of law the dangers that inhere therein insofar as they are obvious and necessary. (Added 1977, No. 119 (Adj. Sess.), § 2, eff. Feb. 7, 1978.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 27 - Pleading and Practice › § 1038. Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses

§ 1038. Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses
(a) Use of ski area facilities. No ski area, its owners, employees, or agents shall be held responsible for ensuring the safety of or for damages, including injury or death, resulting to persons who utilize the facilities of a ski area to access terrain outside open and designated ski trails. Ski areas shall not be liable for damages, including injury or death, to persons who venture beyond such open and designated ski trails.
(b) Collision at a ski area.
(1) Any person who is involved in a collision with a skier at a ski area which results in bodily injury to any party to the collision has a duty to provide his or her name and local and permanent address to the other parties to the collision and shall proceed to the ski area first aid facility and provide that information to the ski area first aid personnel.
(2) No ski area, its employees, or agents shall be held responsible for ensuring compliance with these duties by any person, nor shall it be liable in any way for a failure to obtain such person’s name or address.
(c) Civil action to recover. A person who uses the facilities of a ski area to access terrain outside the open and designated ski trails shall be liable in a civil action brought by any person, including a ski area, rescue organization, municipality, or the State, to recover expenses incurred to provide rescue, medical, or other services to such person for circumstances or injuries which resulted from such use. The entity seeking to recover may also recover reasonable attorney’s fees and court costs. No ski area, its owners, agents, or employees, individual, or entity, municipal or otherwise, shall be held liable for any acts or omissions taken in the course of such rescue operations unless such act or omission constitutes gross negligence. (Added 1993, No. 233 (Adj. Sess.), § 88, eff. June 21, 1994.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 27 - Pleading and Practice › § 1039. Equine activities; acceptance of inherent risks

§ 1039. Equine activities; acceptance of inherent risks
(a) As used in this section:
(1) “Equine” means a horse, pony, mule, or donkey.
(2) “Equine activity” includes:
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including dressage, hunter and jumper horse shows, Grand Prix jumping, three-day events, combined training, rodeos, riding, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting;
(B) Equine training or teaching activities, or both;
(C) Rides, trips, or hunts.
(3) “Equine activity sponsor” means an individual, group, club, organized camp, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college-sponsored classes, programs, and activities; therapeutic riding programs; stable and farm owners and operators, instructors, and promoters; or equine facilities, including farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held.
(4) “Participant” means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee or other consideration is paid to participate in the equine activity.
(b) No person shall be liable for an injury to, or the death of, a participant resulting from the inherent risks of equine activities, insofar as those risks are necessary to the equine activity and obvious to the person injured.
(c)(1) An equine activity sponsor may post and maintain signs which contain the warning notice specified in this subsection. Such signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.
(2) Every written contract entered into by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional’s business, may contain in clearly readable print the warning notice.
(3) The signs and contracts described in this subsection shall contain the following warning notice:
WARNING
Under Vermont Law, an equine activity sponsor is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities that are obvious and necessary, pursuant to 12 V.S.A. § 1039. (Added 1995, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 27 - Pleading and Practice › § 1040. Eminent domain; restrictions on use; conferring of private benefit; economic development

§ 1040. Eminent domain; restrictions on use; conferring of private benefit; economic development
(a) Notwithstanding any other provision of law, no governmental or private entity may take private property through the use of eminent domain if the taking is primarily for purposes of economic development, unless the property is taken pursuant to 24 V.S.A. chapter 85 (urban renewal).
(b) This section shall not affect the authority of an entity authorized by law to use eminent domain for the following purposes:
(1) transportation projects, including highways, airports, and railroads;
(2) public utilities, including entities engaged in the generation, transmission, or distribution of electric, gas, sewer and sewage treatment, or communication services;
(3) public property, buildings, hospitals, and parks; or
(4) water, wastewater, stormwater, flood control, drainage, or waste disposal projects. (Added 2005, No. 111 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 27 - Pleading and Practice › § 1042. Certificate of merit

§ 1042. Certificate of merit
(a) No civil action shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after February 1, 2013, in which it is alleged that such injury or death resulted from the negligence of a health care provider, unless the attorney or party filing the action files a certificate of merit simultaneously with the filing of the complaint. In the certificate of merit, the attorney or plaintiff shall certify that he or she has consulted with a health care provider qualified pursuant to the requirements of Rule 702 of the Vermont Rules of Evidence and any other applicable standard, and that, based on the information reasonably available at the time the opinion is rendered, the health care provider has:
(1) described the applicable standard of care;
(2) indicated that based on reasonably available evidence there is a reasonable likelihood that the plaintiff will be able to show that the defendant failed to meet that standard of care; and
(3) indicated that there is a reasonable likelihood that the plaintiff will be able to show that the defendant’s failure to meet the standard of care caused the plaintiff’s injury.
(b) A plaintiff may satisfy this requirement through multiple consultations that collectively meet the requirements of subsection (a) of this section.
(c) A plaintiff must certify to having consulted with a health care provider as set forth in subsection (a) of this section with respect to each defendant identified in the complaint.
(d) Upon petition to the clerk of the court where the civil action will be filed, an automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable inquiry required by this section.
(e) The failure to file the certificate of merit as required by this section shall be grounds for dismissal of the action without prejudice, except in the rare instances in which a court determines that expert testimony is not required to establish a case for medical malpractice.
(f) The requirements set forth in this section shall not apply to claims where the sole allegation against the health care provider is failure to obtain informed consent. (Added 2011, No. 171 (Adj. Sess.), § 24a, eff. Feb. 1, 2013.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 27 - Pleading and Practice › § 1076. Release of claim for personal injury or death—disavowal of agreement

§ 1076. Release of claim for personal injury or death—disavowal of agreement
An agreement entered into by a person or his or her legal representative within 15 days after personal injury to him or her or his or her death or personal injury or death of his or her spouse or child, which may adversely affect his or her estate’s right to compensation for the personal injury or death, may be disavowed by such person or his or her legal representative within three years after making the agreement. When such an agreement has been disavowed, it may not be used in whole or in part in any subsequent proceeding. (1961, No. 269, § 1, eff. Aug. 1, 1961.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 27 - Pleading and Practice › § 1077. Tender of compensation

§ 1077. Tender of compensation
When an agreement is disavowed, the claimant or his or her legal representative shall tender any consideration received to the person who paid or delivered the same. (1961, No. 269, § 2, eff. Aug. 1, 1961.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 29 - Depositions and Discovery › § 1248. Depositions to be used outside State; commissioners of other states; law governing

§ 1248. Depositions to be used outside State; commissioners of other states; law governing
A person who is appointed or commissioned by the governor or a court of record of another state to take depositions in this State to be used in the other state shall have the same power to take depositions as the Supreme Court may by rule provide for an officer or other person authorized to take depositions for use within the State. (Amended 1971, No. 185 (Adj. Sess.), § 47, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1601. Interest of witness; effect on qualifications and credibility

§ 1601. Interest of witness; effect on qualifications and credibility
A person shall not be disqualified as a witness in a civil cause or proceeding by reason of his or her interest therein as a party or otherwise. However, his or her interest or connection may be shown to affect his or her credibility as a witness.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1602. When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability

§ 1602. When one party is dead or lacks capacity to testify due to a mental condition or psychiatric disability
A party shall not be allowed to testify in his or her own favor where the other party to the contract or cause of action in issue and on trial is dead or shown to the court to lack capacity to testify due to a mental condition or psychiatric disability, except as follows:
(1) To meet or explain the testimony of living witnesses produced against him or her.
(2) To meet the testimony of such deceased or party who lacks capacity to testify due to a mental condition or psychiatric disability upon a question upon which his or her testimony has been taken in writing or by a stenographer in open court to be used in such action and is admitted as evidence therein.
(3) In any action in which the estate of such deceased or party who lacks capacity to testify due to a mental condition or psychiatric disability or his or her grantee or assignee is a party, entries in a cash or account book showing the receipt or payment of money in due course of business, made by such party prior to his or her death or incapacity to testify and before any controversy arose respecting the transaction to which such entries relate, may be admitted in evidence as tending to show the facts therein recited to be true. The adverse party in such action may meet the evidence of such entries by any proper evidence.
(4) In addition to the right to testify, as provided in the foregoing exceptions, the living party may be a witness in his or her own favor, so far as to prove in whose handwriting his or her entries are and when they were made and no further, in actions founded on book account and when the matter in issue and on trial is proper matter of book account.
(5) In any action founded on tort, provided, however, that in tort actions by or against representatives of deceased persons, memoranda and declarations of the deceased, relevant to the matter in issue, may be received as evidence, and provided further, that this provision shall not be construed as permitting testimony as to conversations with the deceased other than to meet or explain the memoranda or declarations of the deceased. (Amended 1961, No. 166, § 1; 2013, No. 96 (Adj. Sess.), § 46.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1603. When executor or administrator is a party

§ 1603. When executor or administrator is a party
When an executor or administrator is a party, the other party shall not be permitted to testify in his or her own favor, unless the contract in issue was originally made with a person who is living and competent to testify, except as to acts done or contracts made since the probate of the will, or since the appointment of the administrator, and to meet or explain the testimony of living witnesses produced against him or her. This section shall not apply to actions founded on tort. (Amended 1961, No. 166, § 2.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1605. Husband and wife

§ 1605. Husband and wife
Husband and wife shall be competent witnesses for or against each other in all cases, civil or criminal, except that neither shall be allowed to testify against the other as to a statement, conversation, letter, or other communication made to the other or to another person, nor shall either be allowed in any case to testify as to a matter which, in the opinion of the court, would lead to a violation of marital confidence. This section shall not be construed so as to prevent a libelant and libelee from testifying as to all matters in divorce causes.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1608. Conviction of crime

§ 1608. Conviction of crime
A person shall not be incompetent as a witness in any court, matter, or proceeding by reason of the person’s conviction of a crime. The conviction of a crime involving moral turpitude within 15 years shall be the only crime admissible in evidence given to affect the credibility of a witness. (Amended 1959, No. 250, eff. June 10, 1959; 2005, No. 148 (Adj. Sess.), § 4f.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1609. Admissibility of written statements

§ 1609. Admissibility of written statements
In civil cases, a written statement of a witness, other than when required by law, shall not be admissible in any court proceeding, either as an admission or as impeaching evidence, unless the written statement is taken pursuant to the requirements for depositions that the Supreme Court may by rule provide, or unless, before offering the statement in evidence, the party offering the statement identifies the person and capacity of the person taking it and the circumstances under which it was taken. (1959, No. 262, § 39, eff. June 11, 1959; amended 1971, No. 185 (Adj. Sess.), § 48, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1611. Written statements; consent of physician or parent

§ 1611. Written statements; consent of physician or parent
In civil cases, a written statement of a person who has been injured and is under the care of a physician and confined in a hospital, taken without the permission of the attending physician, or if the person is a minor, without the permission of the parent as well, shall not be admissible in any court proceeding either as an admission or as impeaching evidence. (1963, No. 116.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 61 - Witnesses › § 1612. Patient’s privilege

§ 1612. Patient’s privilege
(a) Confidential information privileged. Unless the patient waives the privilege or unless the privilege is waived by an express provision of law, a person authorized to practice medicine, chiropractic, or dentistry, a registered professional or licensed practical nurse, or a mental health professional as defined in 18 V.S.A. § 7101(13) shall not be allowed to disclose any information acquired in attending a patient in a professional capacity, including joint or group counseling sessions, and which was necessary to enable the provider to act in that capacity.
(b) Identification by dentist; crime committed against patient under 16. A dentist shall be required to disclose information necessary for identification of a patient. A physician, dentist, chiropractor, or nurse shall be required to disclose information indicating that a patient who is under the age of 16 years has been the victim of a crime.
(c) Mental or physical condition of deceased patient.
(1) A physician, chiropractor, or nurse shall be required to disclose any information as to the mental or physical condition of a deceased patient privileged under subsection (a) of this section, except information which would tend to disgrace the memory of the decedent, either in the absence of an objection by a party to the litigation or when the privilege has been waived:
(A) by the personal representative, or the surviving spouse, or the next of kin of the decedent; or
(B) in any litigation where the interests of the personal representative are deemed by the trial judge to be adverse to those of the estate of the decedent, by any party in interest; or
(C) if the validity of the will of the decedent is in question, by the executor named in the will, or the surviving spouse or any heir-at-law or any of the next of kin or any other party in interest.
(2) A physician, dentist, chiropractor, mental health professional, or nurse shall be required to disclose any information as to the mental or physical condition of a deceased patient privileged under subsection (a) of this section upon request to the Chief Medical Examiner. (Added 1973, No. 190 (Adj. Sess.), eff. July 1, 1974; amended 1981, No. 221 (Adj. Sess.), § 1; 1991, No. 236 (Adj. Sess.), § 2; 1993, No. 222 (Adj. Sess.), § 23; 2009, No. 55, § 12.)