Title 12, Title 12: Court Procedure

§ 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 servi…

§ 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 th…

§ 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 t…

§ 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.)

§ 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.

§ 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 …

§ 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 …

§ 559. Rights not affected by a descent cast The right of a person to the possession of real estate shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such estate.

§ 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 b…

§ 591. New promise must be in writing and signed An acknowledgment or promise shall not be held to affect a defense made under the provisions of this chapter, unless such acknowledgment or promise is in writing signed by the party affected thereby.

§ 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 handwritin…

§ 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 charge…

§ 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 …

§ 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 …

§ 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,…

§ 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 serv…

§ 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…

§ 693. Constables In the service of process, constables shall have the same powers and be subject to the same liabilities and penalties as sheriffs.

§ 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 sh…

§ 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,…

§ 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 t…

§ 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.

§ 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 …

§ 699. Removal or resignation of sheriff A sheriff removed from or resigning his or her office or at the expiration of his or her term of office may execute writs or precepts in his or her hands at the time. Service so made shall be as valid as if made by the sheriff.

§ 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 fore…

§ 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 …

§ 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 i…

§ 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.)

§ 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 be…

§ 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 hi…

§ 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 …

§ 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 atta…

§ 780. Indorsement of fees The officer serving process shall indorse thereon his or her fees and charges and the number of miles actually and necessarily traveled in the performance of his or her duty in serving the same, otherwise his or her fees shall not be allowed.

§ 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…

§ 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 b…

§ 851. Service on Secretary of State A business organization is subject to the service of process provisions in 11 V.S.A. § 1656. (Amended 2025, No. 10, § 25, eff. July 1, 2025.)

§ 852. Fees; mailing of copy to business organization When process is served on the Secretary of State under the provisions of 11 V.S.A. § 1656, there shall be paid to the Secretary by the officer at the time of such service the sum of $35.00. (Amended 1963, No. 37, § 6; 1967, No…

§ 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…

§ 855. Doing business as appointment of process agent If the contact with the State or the activity in the State of a foreign business organization, or the contact or activity imputable to it, is sufficient to support a Vermont personal judgment against it, the contact or activit…

§ 856. Service of process Service of process by virtue of section 855 of this title shall be made pursuant to 11 V.S.A. § 1656 by delivering to the Secretary of State duplicate copies of the process and a fee of $25.00, to be taxed in the plaintiff’s costs if he or she prevails. …

§ 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 …

§ 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 th…

§ 893. Continuances; costs The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the same. The fee herein provided shall be taxed in the plaintiff’s costs, if he or she prevails in the sui…

§ 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, cred…

§ 1036. Contributory and comparative negligence (a) Contributory negligence shall not bar recovery in an action by any plaintiff, or the plaintiff’s legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence …

§ 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, ef…