Title 12, Court Procedure

§ 5246. Bond of sheriff and high bailiff—action by a creditor after execution returned unsatisfied When judgment is rendered against a sheriff or high bailiff for official misconduct, neglect, or default and execution on the judgment is returned unsatisfied or the defendant is co…

§ 5247. Judgment Unless cause is shown to the contrary on the trial of the action, the court shall render judgment against the sheriff or high bailiff and his or her sureties, in favor of the creditor, for the amount of the execution and charges thereon with interest and costs. (…

§ 5248. Defense by defendant and sureties The defendant in the action may make any defense that he or she could have made, had an action of contract been brought on the recognizance or bond. When the original judgment against the sheriff or high bailiff was rendered by default an…

§ 5249. When the principal has removed from the State When a person liable as sheriff or high bailiff for official misconduct, neglect, or default has removed from the State leaving no known attachable property therein, so that service of process cannot be made upon him or her, a…

§ 5321. When maintainable If beasts are distrained or impounded to recover a penalty or forfeiture alleged to have been incurred by their going at large or to obtain satisfaction for damages alleged to have been done by them, the owner thereof may maintain an action of replevin t…

§ 5322. Judgment for defendant When it appears upon the nonsuit of the plaintiff, or upon trial, that the beasts were lawfully taken or distrained, the defendant shall have judgment for such sum as is due from the plaintiff for the penalty or forfeiture or for the damages for whi…

§ 5323. Judgment for plaintiff When it appears upon the default of the defendant or upon trial that the beasts were taken or distrained without justifiable cause, the plaintiff shall have judgment for his or her damages caused thereby, and his or her costs.

§ 5331. For what and where maintainable A person may maintain an action of replevin for goods in the county in which the goods are detained in any of the following circumstances: (1) When goods are unlawfully taken or unlawfully detained from the owner or person entitled to the p…

§ 5332. Damages when replevin delays service of execution If the goods, when replevied, were taken in execution or attached, and judgment is afterwards rendered for the attaching creditor, and if, in either case, the service of the execution is delayed by means of the replevin, t…

§ 5333. Service not delayed as to balance of execution; alias execution When the goods or chattels were taken in execution, the service thereof shall not be delayed as to any balance due thereon, after deducting the value of such goods or chattels, but the officer may execute the…

§ 5334. Sale of goods returned When judgment is rendered in favor of the defendant in the action of replevin, and the goods or chattels are returned, the same may be sold and the proceeds applied by the officer who took them in execution as if they had not been replevied.

§ 5335. Sums recovered by officer, how applied Sums recovered in an action of replevin by an officer for or on account of goods attached or taken in execution by him or her, or recovered in an action on the bond given upon the replevin of such goods, shall be applied so far as th…

§ 5336. Attachment lien preserved When the goods which are replevied had been attached, they shall, in case of a judgment for return, be held liable to the attachment and to levy of execution in the same manner as though replevin thereof had not been made. When final judgment is …

§ 5337. Writ of reprisal When the officer to whom the writ of return is committed cannot find the goods replevied, so as to deliver them to the defendant, he or she shall make return of that fact upon such writ, and the defendant shall thereupon be entitled to a writ of reprisal,…

§ 5338. When judgment for plaintiff is given When it appears upon the default of the defendant, or upon trial in the action of replevin, that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his or her dama…

§ 5371. Writs; court to which returnable Writ of replevin in actions under the provisions of sections 5321 and 5331 of this title shall issue out of the court to which returnable. If the value of the property to be replevied is $5,000.00 or less, the writ may be returnable to any…

§ 5373. Bond The writ in an action of replevin commenced under the provisions of section 5321 or 5331 of this title shall not be issued until the plaintiff or someone in his or her behalf executes and delivers to the officer a bond to the defendant, with sufficient surety to be a…

§ 5401. Orders and judgment of court Upon the abatement, dismissal, nonsuit, default, or trial of an action of replevin, the court shall make such order for the return or restoration of the goods as is just, and may take such inquest of damages in the premises as the rights of th…

§ 5402. Sums received by creditor, how applied Sums received by the creditor from the sale of goods attached or taken in execution and afterward returned and sums received for the value of such goods not returned and sums recovered from the officer for the insufficiency of the su…

§ 5403. Remedy on bond not affected The foregoing provisions shall not preclude the defendant from resorting to his or her remedy on the replevin bond or to his or her remedy against the officer for the insufficiency of the sureties in the bond, to recover the value of the goods,…

§ 5404. Action against surety limited An action shall not be maintained against a surety in a replevin bond unless the writ is served on the surety within one year after final judgment in the action of replevin. (Amended 1971, No. 185 (Adj. Sess.), § 167, eff. March 29, 1972.)

§ 5405. Direction and service of writ A writ of replevin shall not be directed to or served by a person other than an officer authorized by law to serve the same.

§ 5431. Loss of consortium An action for loss of consortium may be brought by either spouse. (Added 1977, No. 43.)

§ 5531. Rules governing procedure (a) The Supreme Court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such Court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law,…

§ 5532. Pleadings; fees Procedure in the Superior Court shall be instituted without writ or pleading other than a concise statement on a form provided by the clerk who shall file the complaint in a docket kept for that purpose. (Amended 1965, No. 194, § 8, eff. July 1, 1965, oper…

§ 5533. Other procedure (a) The plaintiff shall supply to the clerk the following information: (1) the plaintiff’s name, residence address, and telephone number; (2) defendant’s name and place of residence, place of business or employment; and (3) the nature and amount of the pla…

§ 5534. Attachment; forms In causes begun under the procedure, on application, the court may issue, for cause shown, writs of attachment of property and trustee process as in other civil actions. Necessary dockets and forms shall be prepared at the expense of the State. (Amended …

§ 5535. Jury trial A plaintiff beginning a cause under the procedure waives a jury trial. The defendant may have a hearing before the court under the procedure. He or she may, prior to the day upon which he or she is notified to appear, file with the court where the cause is pend…

§ 5536. Representation Any person, corporation, or other legal entity shall be entitled but not required to be represented by an attorney in small claims court. (Added 1977, No. 161 (Adj. Sess.), § 5.)

§ 5537. Payment of judgments (a) On request of a judgment creditor whose judgment under this chapter has remained unsatisfied for 30 days, the court shall order the judgment debtor to appear before it and to disclose information relating to his or her ability to pay the judgment …

§ 5538. Appeals Any party may appeal from a small claims judgment to Superior Court. The Chief Superior Judge shall assign the appeal to a Superior judge who shall not have participated in any way in the decision being appealed. The appeal shall be heard and decided, based on the…

§ 5540a. Jurisdiction over small claims; assistant judges (a)(1) Subject to the limitations in this section and notwithstanding any provision of law to the contrary, assistant judges of Essex, Caledonia, Rutland, and Bennington Counties sitting alone shall hear and decide small c…

§ 5541. Composition of court in small claims cases For the purposes of this chapter, the Superior Court in small claims cases shall consist of the presiding judge sitting alone, an assistant judge sitting alone pursuant to section 5540 of this chapter, or an acting judge assigned…

§ 5601. Liability of State (a) The State of Vermont shall be liable for injury to persons or property or loss of life caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment, under the same circumstances, in the …

§ 5602. Exclusive right of action (a) When the act or omission of an employee of the State acting within the scope of employment is believed to have caused damage to property, injury to persons, or death, the exclusive right of action shall lie against the State of Vermont; and n…

§ 5603. Settlement of claims (a) The Attorney General may consider, adjust, determine, and settle any claim for damages against the State of Vermont resulting from the acts or omissions of an employee as provided under 3 V.S.A. § 159. If the State elects to self-insure the liabil…

§ 5604. Payment (a) Any award made or compromise or settlement against the State of Vermont agreed upon by the Attorney General shall be paid by the State Treasurer out of the appropriations of the department concerned. In the event an award is made or a compromise or settlement …

§ 5606. Indemnification of employees (a) In any action defended by the Attorney General or the Attorney General’s designee in which a judgment is rendered against an employee of the State for acts or omissions within the scope of his or her employment, or a settlement requires pa…

§ 5611. Interest of minors A petition on any matter affecting the interests of a minor under 33 V.S.A. chapter 51, 52, or 53; 15 V.S.A. chapter 9; or chapter 107 of this title shall be set down for hearing at the earliest possible time and shall take precedence over all matters e…

§ 5651. Short title This chapter may be cited as the Vermont Arbitration Act. (Added 1985, No. 95, § 2.)

§ 5652. Validity of arbitration agreements (a) General rule. Unless otherwise provided in the agreement, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between …

§ 5653. Limitations (a) This chapter applies to all arbitration agreements to the extent not inconsistent with the laws of the United States. However, this chapter does not apply to labor interest arbitration, nor to arbitration agreements contained in a contract of insurance, no…

§ 5654. Uniformity of interpretation This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it or substantially similar provisions. (Added 1985, No. 95, § 2.)

§ 5655. Representation by attorney A party has the right to be represented by an attorney at any proceeding or hearing under this subchapter. A waiver thereof prior to the proceeding or hearing is ineffective. (Added 1985, No. 95, § 2.)

§ 5661. Majority action by arbitrators The powers of the arbitrators may be exercised by a majority of them, unless otherwise provided by the agreement or by this chapter. (Added 1985, No. 95, § 2.)

§ 5662. Witnesses; subpoenas; depositions (a) Arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and may administer oaths. Subpoenas so issued shall be served in the manner provided by law for s…