reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 11C - Mutual Benefit Enterprises › Chapter 16 - Conversion and Merger › § 1608. Approval or abandonment of merger by members

§ 1608. Approval or abandonment of merger by members
(a) Subject to subsections (b) and (c) of this section, a plan of merger shall be approved by:
(1) at least two-thirds of the voting power of members present at a members’ meeting called under subsection 1607(b) of this title; and
(2) if the mutual benefit enterprise has investor members, at least a majority of the votes cast by patron members, unless the organic rules require a greater percentage vote by patron members.
(b) The organic rules may provide that the percentage of votes under subdivision (a)(1) of this section is:
(1) a different percentage that is not less than a majority of members voting at the meeting;
(2) measured against the voting power of all members; or
(3) a combination of subdivisions (1) and (2) of this subsection.
(c) The vote required to approve a plan of merger may not be less than the vote required for the members of the mutual benefit enterprise to amend the articles of organization.
(d) Consent in a record to a plan of merger by a member shall be delivered to the mutual benefit enterprise before delivery of articles of merger for filing pursuant to section 1609 of this title if as a result of the merger, the member will have:
(1) personal liability for an obligation of the enterprise; or
(2) an obligation or liability for an additional contribution.
(e) Subject to subsection (d) of this section and any contractual rights, after a merger is approved, and at any time before the effective date of the merger, a mutual benefit enterprise that is a party to the merger may approve an amendment to the plan of merger or approve abandonment of the planned merger:
(1) as provided in the plan; and
(2) except as prohibited by the plan, with the same affirmative vote of the board of directors and of the members as was required to approve the plan.
(f) The voting requirements for districts, classes, or voting groups under section 404 of this title apply to approval of a merger under this article. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)
2023 Vermont Statutes › Title 11C - Mutual Benefit Enterprises › Chapter 16 - Conversion and Merger › § 1609. Filings required for merger; effective date

§ 1609. Filings required for merger; effective date
(a) After each constituent entity has approved a merger, articles of merger shall be signed on behalf of each constituent entity by an authorized representative.
(b) The articles of merger shall include:
(1) the name and form of each constituent entity and the jurisdiction of its governing statute;
(2) the name and form of the surviving entity, the jurisdiction of its governing statute, and, if the surviving entity is created by the merger, a statement to that effect;
(3) the date the merger is effective under the governing statute of the surviving entity;
(4) if the surviving entity is to be created by the merger and:
(A) will be a mutual benefit enterprise, the mutual benefit enterprise’s articles of organization; or
(B) will be an entity other than a mutual benefit enterprise, the organizational document that creates the entity;
(5) if the surviving entity is not created by the merger, any amendments provided for in the plan of merger to the organizational document that created the entity;
(6) a statement as to each constituent entity that the merger was approved as required by the entity’s governing statute;
(7) if the surviving entity is a foreign organization not authorized to transact business in this State, the street address and, if different, mailing address of an office which the Secretary of State may use for the purposes of section 120 of this title; and
(8) any additional information required by the governing statute of any constituent entity.
(c) Each mutual benefit enterprise that is a party to a merger shall deliver the articles of merger to the Secretary of State for filing.
(d) A merger becomes effective under this article:
(1) if the surviving entity is a mutual benefit enterprise, upon the latter of:
(A) compliance with subsection (c) of this section; or
(B) subject to subsection 203(c) of this title, as specified in the articles of merger; or
(2) if the surviving entity is not a mutual benefit enterprise, as provided by the governing statute of the surviving entity. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)
2023 Vermont Statutes › Title 11C - Mutual Benefit Enterprises › Chapter 16 - Conversion and Merger › § 1610. Effect of merger

§ 1610. Effect of merger
(a) When a merger becomes effective:
(1) the surviving entity continues or comes into existence;
(2) each constituent entity that merges into the surviving entity ceases to exist as a separate entity;
(3) all property owned by each constituent entity that ceases to exist vests in the surviving entity;
(4) all debts, liabilities, and other obligations of each constituent entity that ceases to exist continue as obligations of the surviving entity;
(5) an action or proceeding pending by or against any constituent entity that ceases to exist may be continued as if the merger had not occurred;
(6) except as prohibited by law other than this title, all rights, privileges, immunities, powers, and purposes of each constituent entity that ceases to exist vest in the surviving entity;
(7) except as otherwise provided in the plan of merger, the terms and conditions of the plan take effect;
(8) except as otherwise provided in the plan of merger, if a merging mutual benefit enterprise ceases to exist, the merger does not dissolve the enterprise for purposes of article 12 of this title;
(9) if the surviving entity is created by the merger and:
(A) is a mutual benefit enterprise, the articles of organization become effective; or
(B) is an entity other than a mutual benefit enterprise, the organizational document that creates the entity becomes effective; and
(10) if the surviving entity is not created by the merger, any amendments made by the articles of merger for the organizational documents of the surviving entity become effective.
(b) A surviving entity that is an entity organized under the laws of a jurisdiction other than this State consents to the jurisdiction of the courts of this State to enforce any obligation owed by the constituent entity if, before the merger, the constituent entity was subject to suit in this State on the obligation. A surviving entity that is an entity organized under the laws of a jurisdiction other than this State and not authorized to transact business in this State appoints the Secretary of State as its agent for service of process for purposes of enforcing an obligation under this subsection. Service on the Secretary of State under this subsection is made in the same manner and with the same consequences as in subsections 120(c) and (d) of this title. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)
2023 Vermont Statutes › Title 11C - Mutual Benefit Enterprises › Chapter 16 - Conversion and Merger › § 1611. Consolidation

§ 1611. Consolidation
(a) Constituent entities that are mutual benefit enterprises or foreign enterprises may agree to call a merger a consolidation under this article.
(b) All provisions governing mergers or using the term “merger” in this title apply equally to mergers that the constituent entities choose to call consolidations under subsection (a) of this section. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)
2023 Vermont Statutes › Title 11C - Mutual Benefit Enterprises › Chapter 16 - Conversion and Merger › § 1612. Article not exclusive

§ 1612. Article not exclusive
This article does not prohibit a mutual benefit enterprise from being converted or merged under law other than this title. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)
2023 Vermont Statutes › Title 11C - Mutual Benefit Enterprises › Chapter 17 - Miscellaneous Provisions › § 1701. Uniformity of application and construction

§ 1701. Uniformity of application and construction
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)
2023 Vermont Statutes › Title 11C - Mutual Benefit Enterprises › Chapter 17 - Miscellaneous Provisions › § 1702. Relation to electronic signatures in Global and National Commerce Act

§ 1702. Relation to electronic signatures in Global and National Commerce Act
This title modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c) or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b). (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)
2023 Vermont Statutes › Title 11C - Mutual Benefit Enterprises › Chapter 17 - Miscellaneous Provisions › § 1703. Savings clause

§ 1703. Savings clause
This title does not affect an action or proceeding commenced, or right accrued, before the effective date. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 1 - Rules of Court › § 1. Rules of pleading, practice, and procedure; forms

§ 1. Rules of pleading, practice, and procedure; forms
The Supreme Court is empowered to prescribe and amend from time to time general rules with respect to pleadings, practice, evidence, procedure, and forms for all actions and proceedings in all courts of this State. The rules thus prescribed or amended shall not abridge, enlarge, or modify any substantive rights of any person provided by law. The rules when initially prescribed or any amendments thereto, including any repeal, modification, or addition, shall take effect on the date provided by the Supreme Court in its order of promulgation, unless objected to by the Legislative Committee on Judicial Rules as provided by this chapter. If objection is made by the Legislative Committee on Judicial Rules, the initially prescribed rules in question shall not take effect until they have been reported to the General Assembly by the Chief Justice of the Supreme Court at any regular, adjourned, or special session thereof, and until after the expiration of 45 legislative days of that session, including the date of the filing of the report. The General Assembly may repeal, revise, or modify any rule or amendment thereto, and its action shall not be abridged, enlarged, or modified by subsequent rule. (Amended 1967, No. 311 (Adj. Sess.), § 1, eff. March 22, 1968; 1969, No. 119, § 1, eff. April 22, 1969; 1973, No. 118, § 2, eff. Oct. 1, 1973; 1977, No. 254 (Adj. Sess.), § 2, eff. April 19, 1978; 1981, No. 231 (Adj. Sess.), § 2; 2018, No. 8 (Sp. Sess.), § 2, eff. June 28, 2018.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 1 - Rules of Court › § 2. Definitions

§ 2. Definitions
As used in sections 3 and 4 of this chapter:
(1) “Adopting authority” means the Chief Justice of the Supreme Court or the Chief Superior Judge, where appropriate.
(2) “Commission” means the Public Utility Commission.
(3) “Court” means the Supreme Court, except in those instances where the statutes permit rules to be adopted by the Chief Superior Judge, in which case, the word “court” means the Chief Superior Judge.
(4) “Rule” means a statement of general applicability that implements, interprets, or prescribes law or policy or the general procedural rules codified in Commission Rule 2.000. It includes judicial or administrative orders such as those issued under sections 31 and 37 of the Constitution of the State of Vermont and all substantive or procedural requirements of a court, which affect one or more persons who are not employees of the court, which are used by the court in the discharge of its duties. It shall not include judicial orders or opinions issued in the resolution of a case or controversy. It shall not include any orders or rules of the Commission other than the general procedural rules codified in Commission Rule 2.000. (Added 1981, No. 231 (Adj. Sess.), § 1; amended 2018, No. 8 (Sp. Sess.), § 3, eff. June 28, 2018; 2023, No. 33, § 7, eff. July 1, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 1 - Rules of Court › § 3. Legislative Committee on Judicial Rules

§ 3. Legislative Committee on Judicial Rules
(a) There is created a joint legislative committee to be known as the Legislative Committee on Judicial Rules. The Legislative Committee on Judicial Rules shall be composed of eight members of the General Assembly to be appointed for two-year terms ending on February 1 of odd-numbered years as follows: four members of the House of Representatives to be appointed by the Speaker of the House, and four members of the Senate to be appointed by the Committee on Committees. The Committee shall elect a chair and a vice chair from among its members.
(b) The Committee shall meet as necessary for the prompt discharge of its duties and may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations. The Committee shall adopt rules to govern its operation and organization. A quorum of the Committee shall consist of five members. For attendance at a meeting when the General Assembly is not in session, members of the Legislative Committee on Judicial Rules shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided members of standing committees under 2 V.S.A. § 23.
(c) The Legislative Committee on Judicial Rules may hold public hearings on a proposed or previously adopted rule on its own initiative. The Committee shall give public notice of any hearing at least 10 days in advance and shall notify the Court. Any public hearing shall be scheduled at a time and place chosen to afford opportunity for affected persons to present their views.
(d) In addition to its powers under section 4 of this title concerning rules, the Committee may, in a similar manner, conduct public hearings, object, and notify the Court or Commission of objections concerning existing rules. A rule reviewed under this subsection shall remain in effect until amended or repealed.
(e) Rules or amendments thereto promulgated by the Supreme Court or the Commission, including any repeal, modification, or addition to existing rules, shall be submitted to the Legislative Committee on Judicial Rules at least 60 days prior to their effective date. (Added 1981, No. 231 (Adj. Sess.), § 1; amended 1983, No. 14, eff. March 28, 1983; 1983, No. 88, § 14, eff. July 3, 1983; 1983, No. 189 (Adj. Sess.); 2003, No. 2, § 1, eff. Feb. 21, 2003; 2019, No. 144 (Adj. Sess.), § 26; 2023, No. 33, § 8, eff. July 1, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 1 - Rules of Court › § 4. Review by legislative committee

§ 4. Review by legislative committee
(a) The Legislative Committee on Judicial Rules, by majority vote of the entire Committee, may object to proposed rules or amendments and recommend that the Court or the Commission amend or withdraw the proposal. The Court or the Commission shall be notified promptly of the objections. The Court or the Commission may respond in writing to the Committee. After receipt of a response, the Committee may withdraw or modify its objections.
(b) The Committee shall report on each proposal with the Committee’s recommendations annually to the General Assembly on or before January 10. (Added 1981, No. 231 (Adj. Sess.), § 1; amended 2023, No. 33, § 9, eff. July 1, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 1 - Rules of Court › § 5. Dissemination of electronic case records

§ 5. Dissemination of electronic case records
(a) The Court shall not permit public access via the Internet to criminal, family, or probate case records. The Court may permit criminal justice agencies, as defined in 20 V.S.A. § 2056a, Internet access to criminal case records for criminal justice purposes, as defined in 20 V.S.A. § 2056a.
(b) This section shall not be construed to prohibit the Court from providing electronic access to:
(1) court schedules of the Superior Court or opinions of the Criminal Division of the Superior Court;
(2) State agencies in accordance with data dissemination contracts entered into under Rule 12 of the Vermont Rules for Public Access to Court Records; or
(3) decisions, recordings of oral arguments, briefs, and printed cases of the Supreme Court. (Added 2007, No. 165 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 65; 2013, No. 67, § 9; 2019, No. 40, § 1; 2023, No. 46, § 7, eff. June 5, 2023.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 3 - Disqualification of Judges, Jurors, and Attorneys › § 61. Disqualification for interest

§ 61. Disqualification for interest
(a) A Justice of the Supreme Court, judge, juror, or other person shall not act in a judicial capacity in or as trier of a cause or matter in which he or she has been retained or acted as an attorney or counsel, or is interested in the event of such cause or matter, or is related to either party, if a natural person, within the fourth degree of consanguinity or affinity, or if a corporation, to any officer, director, trustee, or agent thereof within such degree; nor shall he or she be permitted to appear as attorney or counsel in a cause in which he or she has acted in such capacity or as trier; but he or she shall not be disqualified from so acting in a cause or matter in which a railroad corporation is a party by reason of being a taxpayer in a town which owns stock in such railroad corporation.
(b) A Justice of the Supreme Court or a judge shall not be disqualified from acting in a judicial capacity in a cause in which a county, town, village, or school district is a party or interested by reason of being a taxpayer or resident in such corporation.
(c) A Superior judge or Justice of the Supreme Court shall not be disqualified to act in his or her official capacity in any matter in which a municipality, a life, fire, or accident insurance company is a party in interest by reason of being a resident or taxpayer in such municipality or a policy holder in such insurance company.
(d) Membership in a domestic mutual fire insurance corporation shall not disqualify a Superior judge to take jurisdiction of a cause wherein such corporation is a party.
(e) A petit juror shall be disqualified from sitting as such in a case where a municipality is a party, if such juror is a resident or taxpayer of such municipality.
(f) A juror who is a policy holder in any cooperative or mutual insurance company shall not by reason thereof be disqualified as a juror in a cause where such cooperative or mutual insurance company is a party, or is interested in the outcome thereof by reason of being an insurer of any of the parties in such cause. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 13, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 3 - Disqualification of Judges, Jurors, and Attorneys › § 62. Judge acting as referee, auditor, commissioner, or master

§ 62. Judge acting as referee, auditor, commissioner, or master
A Justice of the Supreme Court or a Superior judge shall not act as referee, auditor, commissioner, or special master in a cause pending in a court in this State, unless he or she began the hearing in such cause as referee, auditor, commissioner, or special master prior to his or her appointment or election as such Justice or judge.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 3 - Disqualification of Judges, Jurors, and Attorneys › § 63. Nisi prius judge sitting en banc or on appeal

§ 63. Nisi prius judge sitting en banc or on appeal
A Justice of the Supreme Court or Superior judge shall not sit at the trial of a cause en banc which he or she tried in a Superior Court. (Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 3 - Disqualification of Judges, Jurors, and Attorneys › § 64. Jurors—Conviction of crime; citizenship and residence

§ 64. Jurors—Conviction of crime; citizenship and residence
A person who has served a term of imprisonment in this State after conviction of a felony, or who is not a citizen of the United States or a resident of the county, shall be disqualified to act as a grand or petit juror.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 3 - Disqualification of Judges, Jurors, and Attorneys › § 65. Party to action pending at same term

§ 65. Party to action pending at same term
A person duly summoned as a petit juror at a stated term of the Superior Court who is party to an action pending in the court, marked to be tried by a jury at that term, shall be disqualified for jury service during such term. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 5 - Contempt › § 121. Supreme Court

§ 121. Supreme Court
When a party violates a lawful order made against him or her by the Supreme Court or by a Justice thereof in a cause or matter brought to or pending before such Court or Justice after service of such order upon such party, contempt proceedings may be instituted against him or her before a Justice of the Supreme Court.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 5 - Contempt › § 122. Superior judge or Superior Court

§ 122. Superior judge or Superior Court
When a party violates an order made against him or her in a cause brought to or pending before a Superior judge or a Superior Court after service of the order upon that party, contempt proceedings may be instituted against him or her before the court or any Superior judge. When, in a cause no longer on the docket of the court, the proceedings are brought before a Superior judge, that judge forthwith shall order the cause to be brought forward on the docket of the court and may issue concurrently with the order a summons or capias against the party. The issuing of the summons or capias and any further proceedings thereon shall be minuted on the docket. (Amended 1971, No. 185 (Adj. Sess.), § 30, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 66.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 5 - Contempt › § 123. Imprisonment for contempt

§ 123. Imprisonment for contempt
(a) Imprisonment as punishment for contempt, or to enforce orders, sentences, or decrees in contempt proceedings, or upon execution issued in civil process shall be in a correctional facility maintained by or for the State.
(b) Any person imprisoned for contempt, in addition to any other legal rights and remedies available to him or her, shall be entitled to a review of the contempt proceedings annually. The Commissioner of Corrections shall provide timely notice for the review of the proceedings of any person so imprisoned to the sentencing court. The sentencing court shall conduct a hearing and issue its order within 60 days of receipt of notice from the Commissioner of Corrections. (Amended 1969, No. 141, § 3; 1969, No. 198 (Adj. Sess.), § 1; 1973, No. 66.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 7 - Prevention of Frauds and Perjuries › § 181. Agreements required to be written

§ 181. Agreements required to be written
An action at law shall not be brought in the following cases unless the promise, contract, or agreement upon which such action is brought or some memorandum or note thereof is in writing, signed by the party to be charged therewith or by some person thereunto by him or her lawfully authorized:
(1) A special promise of an executor or administrator to answer damages out of his or her own estate.
(2) A special promise to answer for the debt, default, or misdoings of another.
(3) An agreement made in consideration of civil marriage.
(4) An agreement not to be performed within one year from the making thereof.
(5) A contract for the sale of lands, tenements, or hereditaments, or of an interest in or concerning them. Authorization to execute such a contract on behalf of another shall be in writing.
(6) An agreement to cure, a promise to cure, a contract to cure, or warranty of cure relating to medical care or treatment or the results of a service rendered by a health care professional which shall mean a person or corporation licensed by this State to provide health care or professional services as a physician, dentist, registered or licensed practical nurse, optometrist, podiatrist, chiropractor, physical therapist, or psychologist, or an officer, employee, or agent thereof acting in the course and scope of his or her employment.
(7) An agreement to cure, a promise to cure, a contract to cure, or warranty of cure relating to medical care or treatment rendered by a health provider, which shall mean a corporation, facility, or institution licensed to provide health care as a hospital. (Amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1975, No. 250 (Adj. Sess.), § 1, eff. April 7, 1976.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 7 - Prevention of Frauds and Perjuries › § 182. Representations as to another

§ 182. Representations as to another
An action shall not be brought to charge a person upon or by reason of a representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of another person, unless such representation or assurance is made in writing and signed by the party to be charged thereby, or by some person thereunto by him or her lawfully authorized.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 7 - Prevention of Frauds and Perjuries › § 183. Extension of time when there is a surety

§ 183. Extension of time when there is a surety
Where the performance of a contract is secured by the obligation of a surety, an agreement made between the creditor and the principal debtor for the extension of the time of payment, or the performance of the contract, shall not have any binding effect at law unless such agreement is made upon a valuable consideration and is in writing, or some note or memorandum thereof is in writing and signed by such creditor, or by some person thereunto duly authorized, reciting briefly the consideration upon which such contract is founded. (1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 21 - Place of Trial › § 402. Superior Court actions, venue generally

§ 402. Superior Court actions, venue generally
(a) An action before a Superior Court shall be brought in the unit in which one of the parties resides, if either resides in the State; otherwise, on motion, the complaint shall be dismissed. If neither party resides in the State, the action may be brought in any unit. Actions concerning real estate shall be brought in the unit in which the lands, or some part thereof, lie.
(b) An action brought by a domestic railroad corporation to the Superior Court may be brought either in the unit in which the corporation has its principal office for the transaction of business, or in the unit in which a defendant resides. An action or suit brought to the Superior Court, in which the corporation is defendant, may be brought in any unit in which a road owned or operated by the corporation is located. (Amended 1971, No. 185 (Adj. Sess.), § 31, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 67.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 21 - Place of Trial › § 403. Patent rights

§ 403. Patent rights
An action to recover a debt or demand, arising from the sale of or license to use a patent right, whether such demand is in the form of a promissory note or otherwise, shall be brought and tried in the unit where the defendant resides or where such patent right was sold when such note or obligation purports to be given for a patent right, unless otherwise provided by law. (Amended 2009, No. 154 (Adj. Sess.), § 67a.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 21 - Place of Trial › § 404. Removal to another unit

§ 404. Removal to another unit
(a) When it appears to a presiding judge of a Superior Court that there is reason to believe that a civil action pending in such court cannot be impartially tried in the unit where it is pending, on petition of either party, such judge shall order the cause removed to the Superior Court in another unit for trial.
(b) Attachments, recognizances, bonds, and orders in such cause, made before such removal, shall have the same validity as if the cause had continued in the court to which it was originally brought. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 68.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 21 - Place of Trial › § 405. District Court

§ 405. District Court
Writs in the District Court shall be returnable as ordered by the Supreme Court either at the principal office or the circuit office of the District Court in the territorial unit where one of the parties resides, if either party is an inhabitant in the State, or where the cause of action arose. The place of trial in the District Court shall be within the territorial unit to which the writ is returnable and as near as possible to the town where one of the parties resides, giving preference to the plaintiff. If default occurs, judgment may be rendered at the place where the writ is returnable. (Amended 1967, No. 194, § 14, eff. March 1, 1968; 1967, No. 347 (Adj. Sess.), § 3, eff. March 23, 1968; 1973, No. 249 (Adj. Sess.), § 14, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 462. Lands for a public, pious, or charitable use

§ 462. Lands for a public, pious, or charitable use
Nothing contained in this chapter shall extend to lands given, granted, sequestered, or appropriated to a public, pious, or charitable use, or to lands belonging to the State.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 463. Counterclaims and cross-claims

§ 463. Counterclaims and cross-claims
A cross-claim or counterclaim shall not be brought if an independent action upon the same claim would have been barred under the provisions of this chapter at the time of commencement of the plaintiff’s action, except that a counterclaim arising out of the transaction or occurrence that is the subject matter of plaintiff’s claim shall be allowed, to the extent of plaintiff’s demand, at any time. (Amended 1971, No. 185 (Adj. Sess.), § 32, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 465. Limitations or waiving limitation of actions in contracts

§ 465. Limitations or waiving limitation of actions in contracts
Except as otherwise provided by statute, any provision in a contract which limits the time in which an action may be brought under the contract or which waives the statute of limitations shall be null and void. (1961, No. 187.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 466. When action deemed commenced

§ 466. When action deemed commenced
For the purpose of determining whether a period of limitation prescribed in this chapter has run, an action shall be deemed commenced upon the filing of the complaint with the clerk of the court in which the action is being brought if the action is commenced by filing or upon service of the summons and complaint if the action is commenced by service. (Added 1971, No. 185 (Adj. Sess.), § 233, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 501. Recovery of lands

§ 501. Recovery of lands
Except as otherwise provided in 32 V.S.A. § 5263, an action for the recovery of lands, or the possession thereof, shall not be maintained, unless commenced within 15 years after the cause of action first accrues to the plaintiff or those under whom he or she claims. (Amended, 1959, No. 218, § 6.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 505. Covenants other than warranty or seisin

§ 505. Covenants other than warranty or seisin
An action founded on covenant, contained in a deed of lands, other than the covenants of warranty and seisin, shall be brought within eight years after the cause of action accrues, and not after.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 506. Judgments

§ 506. Judgments
Actions on judgments and actions for the renewal or revival of judgments shall be brought by filing a new and independent action on the judgment within eight years after the rendition of the judgment, and not after. (Amended 1971, No. 185 (Adj. Sess.), § 33, eff. March 29, 1972; 2009, No. 132 (Adj. Sess.), § 8, eff. May 29, 2010.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 509. Evidence of debt issued by a monied corporation

§ 509. Evidence of debt issued by a monied corporation
The provisions of this chapter shall not apply to an action brought to enforce payment on any bills, notes, or other evidences of debt issued by a bank or other monied corporation and put into circulation as money.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 510. Liability of stockholders and of foreign corporations

§ 510. Liability of stockholders and of foreign corporations
An action to enforce the liability of stockholders to the creditors or for the indebtedness of foreign corporations shall be brought within the time limited by the laws of the state under which they are incorporated, and not after. This section shall not be construed so as to extend the time under which such actions may be maintained under the laws of this State.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 511. Civil action

§ 511. Civil action
A civil action, except one brought upon the judgment or decree of a court of record of the United States or of this or some other state, and except as otherwise provided, shall be commenced within six years after the cause of action accrues and not thereafter. (Amended 1959, No. 261, § 3.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 512. Assault and battery; false imprisonment; slander and libel; injuries to person or property

§ 512. Assault and battery; false imprisonment; slander and libel; injuries to person or property
Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after:
(1) assault and battery;
(2) false imprisonment;
(3) slander and libel;
(4) except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury;
(5) damage to personal property suffered by the act or default of another. (Amended 1967, No. 32, § 2, eff. March 16, 1967; 1975, No. 248 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 515. Neglect of official duty of town clerk

§ 515. Neglect of official duty of town clerk
An action against a town, or town clerk, to recover damages for neglect of duty of such clerk in relation to a deed, execution, or other instrument delivered to him or her or left at his or her office for record, shall be brought only within six years after a final decision based upon such neglect and adverse to the right, title, or claim of the party under such deed, execution, or instrument, and not after.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 518. Ionizing radiation injury; latent

§ 518. Ionizing radiation injury; latent
(a) An action to recover for ionizing radiation injury or injury from other noxious agents medically recognized as having a prolonged latent development shall be commenced within three years after the person suffering the injury has knowledge or ought reasonably to have knowledge of having suffered the injury and of the cause thereof, but in no event more than 20 years from the date of the last occurrence to which the injury is attributed.
(b) An action or proceeding to recover for latent ionizing radiation injury, or injury from other noxious agents medically recognized as having a prolonged latent development shall not be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action or proceeding was actually awarded damages for the latent injury, or knew or reasonably could be expected to know that such latent injury would occur, and its nature and extent with sufficient particularity to establish entitlement to a specific amount of damages on account thereof. (Added 1967, No. 32, § 1, eff. March 16, 1967.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 519. Emergency medical care

§ 519. Emergency medical care
(a) A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or herself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.
(b) A person who provides reasonable assistance in compliance with subsection (a) of this section shall not be liable in civil damages unless his or her acts constitute gross negligence or unless he or she will receive or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a practitioner of the healing arts for acts committed in the ordinary course of his or her practice.
(c) A person who willfully violates subsection (a) of this section shall be fined not more than $100.00. (1967, No. 309 (Adj. Sess.), §§ 2-4, eff. March 22, 1968.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 520. Payment of wages

§ 520. Payment of wages
Actions brought on a violation of 21 V.S.A. § 342 shall be brought within two years after the cause of action accrues, and not after. (Added 1977, No. 244 (Adj. Sess.), § 1, eff. May 1, 1978.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 521. Medical malpractice

§ 521. Medical malpractice
Notwithstanding section 512 of this title, and except as provided in sections 518 and 551 of this title, actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. No statute of limitations shall limit the right to recover damages for injuries to the person arising out of any medical or surgical treatment or operation where fraudulent concealment has prevented the patient’s discovery of the negligence. Where the action is based upon the discovery of a foreign object in the patient’s body, which is not discovered within the period of limitation under this section, the action may be commenced within two years of the date of the discovery of the foreign object. (Added 1977, No. 248 (Adj. Sess.).)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 522. Actions based on childhood sexual or physical abuse

§ 522. Actions based on childhood sexual or physical abuse
(a) A civil action brought by any person for recovery of damages for injury suffered as a result of childhood sexual or physical abuse may be commenced at any time after the act alleged to have caused the injury or condition. The victim need not establish which act in a series of continuing physical abuse or sexual abuse or exploitation incidents caused the injury.
(b) If a complaint is filed alleging an act of childhood sexual or physical abuse, the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until the answer is served or, if the defendant files a motion to dismiss under Rule 12(b) of the Vermont Rules of Civil Procedure, until the court rules on that motion. If the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed. Any hearing held in connection with the motion to dismiss shall be in camera.
(c) As used in this section:
(1) “Childhood sexual abuse” means any act committed by the defendant against a complainant who was under 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting lewd and lascivious conduct, lewd or lascivious conduct with a child, felony sexual exploitation of a minor in violation of 13 V.S.A. § 3258(c), sexual assault, or aggravated sexual assault in effect at the time the act was committed.
(2) “Childhood physical abuse” means any act other than an attempt committed by the defendant against a complainant who was under 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting aggravated assault in effect at the time the act was committed.
(d) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood sexual abuse that occurred prior to July 1, 2019, irrespective of any statute of limitations in effect at the time the abuse occurred. In an action based on childhood sexual abuse that would have been barred by any statute of limitations in effect on June 30, 2019, damages may be awarded against an entity that employed, supervised, or had responsibility for the person allegedly committing the sexual abuse only if there is a finding of gross negligence on the part of the entity.
(e) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood physical abuse that occurred prior to July 1, 2021, irrespective of any statute of limitations in effect at the time the abuse occurred. In an action based on childhood physical abuse that would have been barred by any statute of limitations in effect on June 30, 2021, damages may be awarded against an entity that employed, supervised, or had responsibility for the person allegedly committing the physical abuse only if there is a finding of gross negligence on the part of the entity. (Added 1989, No. 292 (Adj. Sess.), § 2; amended 2019, No. 37, § 1; 2021, No. 26, § 1.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 523. Trade secrets

§ 523. Trade secrets
An action for misappropriation of trade secrets under 9 V.S.A. chapter 143 shall be commenced within six years after the cause of action accrues, and not after. The cause of action shall be deemed to accrue as of the date the misappropriation was discovered or reasonably should have been discovered. (Added 1995, No. 90 (Adj. Sess.), § 2; amended 2013, No. 199 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 524. Actions based on residential building energy standards

§ 524. Actions based on residential building energy standards
(a) Except in the case of fraud, an action under 30 V.S.A. § 51(g) shall be commenced within six years after the cause of action accrues, and not after.
(b) The cause of action shall be deemed to accrue as of the date of the recording of a copy of the certificate in the town land records, the date of filing with the Department of Public Service, or the date of occupancy, whichever comes first.
(c) This section shall apply only to actions under 30 V.S.A. § 51(g), and shall not be construed to affect other rights and remedies provided by statute or common law. (Added 1997, No. 20, § 3.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 525. Actions based on discrimination

§ 525. Actions based on discrimination
An action under 9 V.S.A. § 4506(a) (discrimination in public accommodations or housing) or 21 V.S.A. § 495b (employment discrimination) shall be commenced within six years after the cause of action accrues and not after. (Added 2021, No. 147 (Adj. Sess.), § 39, eff. May 31, 2022.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 551. Minority, incapacity, or imprisonment

§ 551. Minority, incapacity, or imprisonment
(a) When a person entitled to bring an action specified in this chapter is a minor, lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or is imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed.
(b) If a person entitled to bring an action specified in this chapter becomes unable to protect his or her interests due to a mental condition or psychiatric disability after the cause of action accrues but before the statute has run, the time during which the person is unable to protect his or her interests due to a mental condition or psychiatric disability shall not be taken as a part of the time limited for the commencement of the action. (Amended 1979, No. 112 (Adj. Sess.), § 1, eff. date, see note set out below; 2013, No. 96 (Adj. Sess.), § 45.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 552. Absence from State

§ 552. Absence from State
If a person is out of the State when a cause of action of a personal nature mentioned in this chapter accrues against him or her, the action may be commenced within the time limited therefor after such person comes into the State. If a person is absent from and resides out of the State after a cause of action accrues against him or her and before the statute has run, and he or she has not known property within the State which can by common process of law be attached, the time of his or her absence shall not be taken as a part of the time limited for the commencement of the action. The provisions of this section shall not extend to a cause of action accruing in another state or government, when the parties thereto at the time of the accruing of such cause of action are residents of such other state or government.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 23 - Limitation of Time for Commencement of Actions › § 553. Member of Armed Services; tolling statute of limitations

§ 553. Member of Armed Services; tolling statute of limitations
When an inhabitant of this State is in the Military or Naval Service of the United States or is a member of the Vermont National Guard and has been ordered to State active duty and, at the time of entering such service or duty, had a cause of action against another person, or another person had a cause of action against him or her, the time spent in such Military or Naval Service outside this State or the time spent in State active duty shall not be taken as part of the time limited for the bringing of an action by or against him or her founded on such causes. The limitation period for a cause of action shall be tolled during the duration of the person’s out-of-state Military or Naval Service, or State Active Duty Service, plus an additional 60 days. (Amended 2011, No. 149 (Adj. Sess.), § 5a.)