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Searching 2017-2018 Session

The Vermont Statutes Online

Title 3 : Executive

Chapter 025 : ADMINISTRATIVE PROCEDURE

(Cite as: 3 V.S.A. § 809b)
  • § 809b. Modification of subpoena or discovery order

    (a) When an agency has issued a subpoena to compel testimony or the production of documents or things, or has issued a discovery order to a party, an aggrieved person may bring a proceeding to modify or vacate the subpoena or order in the Superior Court for the county in which the petitioner resides or in which the administrative proceeding is or will be held.

    (b) The Court shall consist of the presiding judge, and no jury shall be used. The proceeding shall be commenced by motion, which shall be served in the manner provided for motions in civil actions. No answer or responsive motion is required, but such papers may be filed. No filing fee shall be required. The Court shall schedule a hearing on the motion as soon as is reasonably practicable.

    (c) After hearing, the Court may issue its order affirming, modifying, or vacating the subpoena or discovery order. (Added 1983, No. 230 (Adj. Sess.), § 5.)