Title 12, Title 12: Court Procedure

§ 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 …

§ 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…

§ 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 r…

§ 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.…

§ 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.…

§ 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 1…

§ 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 institut…

§ 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…

§ 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 imprison…

§ 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 s…

§ 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…

§ 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 ha…

§ 401. Supreme Court Actions in the Supreme Court shall be brought before one of the stated terms thereof at the place designated by law for holding the same.

§ 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, th…

§ 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 rig…

§ 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 t…

§ 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…

§ 461. Actions by State The limitations prescribed in this chapter for the commencement of actions shall apply to the same actions when brought in the name of the State, or otherwise, for the benefit of the State, as in actions brought by citizens.

§ 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.

§ 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 aris…

§ 464. Actions specially limited by other provisions The provisions of this chapter shall not affect an action otherwise specially limited by law.

§ 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. (196…

§ 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 actio…

§ 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 …

§ 502. Entry into houses or lands A person having right or title of entry into houses or lands shall not enter after 15 years from the time such right of entry accrues.

§ 503. Covenant of seisin Actions brought on a covenant of seisin in a deed of conveyance of land shall be brought within 15 years after the cause of actions accrues, and not after.

§ 504. Covenant of warranty An action founded on covenant of warranty in a deed of land shall be brought only within eight years after a final decision against the title of the covenantor in such deed.

§ 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.

§ 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.…

§ 507. Specialties Actions on specialties shall be brought within eight years after the cause of action accrues, and not after.

§ 508. Witnessed promissory note An action brought on a promissory note signed in the presence of an attesting witness shall be commenced within 14 years after the cause of action accrues, and not after.

§ 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.

§ 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, an…

§ 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.…

§ 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 …

§ 513. Skiing, injuries sustained while participating in sport of An action to recover for injuries sustained while participating in the sport of skiing shall be commenced within one year after the cause of action accrues, and not after.

§ 514. Insufficiency of bridge An action against a town for the recovery of damages caused by the insufficiency or want of repair of a bridge or culvert shall be commenced within two years after the cause of action accrues, and not after.

§ 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…

§ 516. Misfeasance of sheriff or deputy Actions against sheriffs for the misconduct or negligence of their deputies shall be commenced within four years after the cause of action accrues, and not after.

§ 517. Taxes paid under protest An action to recover money paid under protest for taxes shall be commenced within one year after the cause of action accrues, and not after.

§ 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 knowle…

§ 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 assis…

§ 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.)

§ 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 ye…

§ 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 condit…

§ 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 o…