Title 12, Title 12: Court Procedure

§ 4986. Prosecution of complaint The complaint shall be prosecuted in the name of the State by the State’s Attorney of the county in which the action is pending. (Amended 1971, No. 185 (Adj. Sess.), § 145, eff. March 29, 1972.)

§ 4988. Prosecution by State’s Attorney On the application of 20 or more freeholders of the county, the State’s Attorney shall commence and prosecute the action against a corporation, if, in his or her opinion, the grant of the corporation is forfeited, and the public good requir…

§ 4989. Grantees may defend severally; jury trial When several grantees claim under the same grant, each may answer separately, denying the allegations in the complaint, or pleading performance of the conditions of the grant or asserting any equitable reason why the grant should …

§ 4990. Judgment on default; proof required When the grantee does not answer or appear and sufficient facts are proved on hearing, the court may adjudge the grant forfeited. (Amended 1971, No. 185 (Adj. Sess.), § 148, eff. March 29, 1972.)

§ 4995. Copy of judgment transmitted to Secretary of State When final judgment has been rendered that a grant is forfeited, the clerk of the court within 30 days from the rendition thereof shall transmit to the Secretary of State a certified copy of such judgment to be recorded a…

§ 4996. Writ of possession When judgment of forfeiture is thus rendered and transmitted, and the thing granted is capable of actual possession and occupancy, possession thereof may be obtained by the State or by a second grantee, by a writ of possession. Such writ shall be issued…

§ 5051. Action against resident joint contractor When a bond, recognizance, bill, note, or other contract has been executed by two or more persons jointly and one or more of them reside out of the State, an action may be sustained thereon against the party residing in the State.

§ 5052. On joint and several contracts An action may be sustained against one or more persons on joint and several contracts executed by three or more of them. If any of them reside out of the State, the writ shall designate such nonresidents.

§ 5053. Representative of deceased joint contractor When one of the several obligors or promisors jointly holden by a contract in writing dies, the representatives of such deceased person and the surviving obligors or promisors may be charged by virtue of such contract in the sam…

§ 5054. Discharge of a joint contractor A creditor having a debt or demand against a partnership or several joint obligors or promisors may discharge one or more of such partners, obligors, or promisors without impairing his or her right against the others as to the residue of hi…

§ 5055. Action against joint contractor not discharged In such cases an action may be maintained against those not discharged, setting forth in the complaint that the contract was made with the defendants and the party discharged, and that such party has been discharged. Such dis…

§ 5056. Judgment against defendants found liable In an action founded on contract, express or implied, or under chapter 161 of this title, in which more persons than one are defendants, the plaintiff may have judgment against such defendants as are defaulted and against those who…

§ 5059. Unsatisfied judgment not bar to further action The recovery of judgment against one or more of several obligors or promisors on a joint or joint and several contract, without satisfaction, shall not discharge the other obligors or promisors from their liability on such co…

§ 5060. Action for unpaid balance When execution on a judgment obtained against a partnership, association, or company in its firm, associate, or company name is returned unsatisfied in whole or in part, an action of contract for the amount unpaid may be brought against any or al…

§ 5111. Jurisdiction The courts of this State shall have such jurisdiction to naturalize aliens as is or may hereafter be conferred by acts of Congress.

§ 5131. Definitions As used in this chapter: (1)(A) “Course of conduct” means: (i) two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person’s property;…

§ 5132. Jurisdiction and venue (a) The Superior Court shall have jurisdiction over proceedings under this chapter. (b) Proceedings under this chapter may be commenced in the county in which the plaintiff resides. If the plaintiff has left his or her residence to avoid being stalk…

§ 5133. Requests for an order against stalking or sexual assault (a) A person, other than a family or household member as defined in 15 V.S.A. § 1101(2), may seek an order against stalking or sexual assault on behalf of himself or herself or his or her children by filing a compla…

§ 5134. Emergency relief (a) In accordance with the Vermont Rules of Civil Procedure, a person other than a family or household member as defined in 15 V.S.A. § 1101(3) may file a complaint for a temporary order against stalking or sexual assault. Stalking complaints shall be fil…

§ 5135. Service (a) A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer. A court that issues an order under this chapter during co…

§ 5136. Procedure (a) Except as otherwise specified in this chapter, proceedings commenced under this chapter shall be in accordance with the Vermont Rules of Civil Procedure and shall be in addition to any other available civil or criminal remedies. (b)(1) The Court Administrato…

§ 5137. Filing orders with law enforcement personnel; Department of Public Safety protection order database (a) Police departments, sheriff’s departments, and State Police district offices shall establish procedures for filing notice against stalking or sexual assault orders issu…

§ 5138. Enforcement (a) Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order as defined in 15 V.S.A. § 1101 shall be accorded full faith and credit throughout this State and shall be enforced as if it were an order …

§ 5161. Who may have partition A person having or holding real estate with others, as joint tenants, tenants in common, or coparceners, may have partition thereof.

§ 5162. Partition of a spring There may be partition of real estate containing a spring, and of the right to use the water of such spring, in the same manner as other real estate. The commissioners shall equitably apportion the use of such water and the manner of its use.

§ 5163. Complaint and summons; venue A person designated in section 5161 of this title may, by serving a complaint and summons on all persons interested in the estate, bring an action to partition the real estate in the Superior Court of the county where the real estate or any pa…

§ 5169. Judgment for plaintiff; commissioners; waiver (a) When the issue is determined in favor of the plaintiff, or if the person interested defaults, the court shall render judgment that partition be made and appoint three disinterested residents of the county as commissioners.…

§ 5170. When defendant prevails in whole or in part When, on trial, it is determined that the plaintiff has no right or share in the estate claimed, or that he or she holds a smaller share than alleged in his or her complaint, the adverse party shall recover against him or her re…

§ 5171. Notice by commissioners; oath; partition The commissioners shall give notice to each party interested or to his or her agent or attorney of the time when they will make such partition. Such commissioners shall be sworn and shall make partition of the estate by dividing an…

§ 5172. Report; judgment Having made partition, the commissioners shall make return to the court of their doings, with a description of each portion of the estate set off, and a certificate of their having been sworn. Unless cause is shown, such report shall be accepted by the co…

§ 5173. Recording of report and judgment; effect A certified copy of the report of the commissioners, with the judgment of the court accepting the same thereon, shall be recorded in the office where by law a deed of such estate is required to be recorded, and, when so recorded, s…

§ 5174. Assignment or sale of estate—assignment to party When it appears that the real estate, or a portion thereof, cannot be divided without great inconvenience to the parties interested, the court may order it assigned to one of the parties, provided he or she pays to the othe…

§ 5175. Sale, when ordered In case one of the parties interested will not take such assignment and pay such sum, the court shall order the commissioners to sell such estate at public or private sale.

§ 5176. Sale and conveyance The commissioners shall sell the estate agreeably to the order and execute conveyances to the purchaser thereof, which shall be a complete bar against the owners and persons claiming under them. (Amended 1971, No. 185 (Adj. Sess.), § 152, eff. March 29…

§ 5177. Disposal of proceeds The commissioners shall pay the proceeds of the sale to the several parties interested or their representatives, as the court directs, first deducting such sum as is allowed by the court for the plaintiff’s costs, which shall be paid the plaintiff. (A…

§ 5178. New partition—when ordered When an owner of a share in the estate who is not an inhabitant of the State at the commencement of the action and has not been given personal notice of the action and thinks himself or herself aggrieved by the partition, he or she may within th…

§ 5179. How made When a new partition is ordered, more shall not be taken from any share or right than as such share or right is adjudged more than the proportion for which it was set off, estimating such estate as in the situation and at the time when it was first divided.

§ 5180. Pay for improvements When improvements have been made after the first partition on the share which it set off by such new partition, the party who made such improvements shall have reasonable satisfaction from the owner to whose share the same is added, to be estimated by…

§ 5181. Fees of commissioners—how fixed and paid When partition is made of real estate under this chapter, the commissioners shall be allowed such sum for their services and expenses as the court judges reasonable, which shall be paid by the parties as directed by the court. The …

§ 5182. Party’s share sold if he or she does not pay When any such owner does not pay his or her proportion of such costs, the court shall direct so much of his or her share of the estate to be sold at public auction as is sufficient to pay the same, with costs of sale.

§ 5183. Conveyance on sale On such sale, the commissioners shall execute conveyances to the purchaser, who shall hold such estate by virtue thereof against such owner or persons claiming under him or her.

§ 5184. Purchase by or for commissioners prohibited A commissioner, or other person in trust for him or her, shall not become a purchaser at a sale under this chapter.

§ 5185. Conveyance before service of complaint A partition of real estate made under this chapter shall not be avoided in consequence of a conveyance by an owner of a part of the estate of his or her interest therein executed prior to the service of the summons and complaint, unl…

§ 5186. Shares set off shall inure to use of owner In making such partition, if a share or right in the estate is set off or assigned to a person other than the legal owner, such share shall inure to the use and benefit of the legal owner, his or her heirs and assigns, as though …

§ 5187. Commissioner disqualified, others may act When a commissioner appointed under this chapter dies, becomes unable to perform his or her duties due to a mental condition or psychiatric disability, removes from the State, or becomes otherwise disqualified to act, the survivor…

§ 5188. Death or nonjoinder of part owner An action for the partition of real estate shall not be dismissed or proceedings thereon suspended in consequence of the death of an owner or person interested in the estate, or because all the parties interested in the estate are not nam…