The Vermont Statutes Online

Title 12: Court Procedure

Chapter 021: Place of Trial

• § 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, the action may be brought in any unit. Actions concerning real estate shall be brought in the unit in which the lands, or some part thereof, lie.

  (b) An action brought by a domestic railroad corporation to the Superior Court may be brought either in the unit in which the corporation has its principal office for the transaction of business, or in the unit in which a defendant resides. An action or suit brought to the Superior Court, in which the corporation is defendant, may be brought in any unit in which a road owned or operated by the corporation is located. (Amended 1971, No. 185 (Adj. Sess.), § 31, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 67.)

• § 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 right was sold when such note or obligation purports to be given for a patent right, unless otherwise provided by law. (Amended 2009, No. 154 (Adj. Sess.), § 67a.)

• § 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 the cause removed to the Superior Court in another unit for trial.

  (b) Attachments, recognizances, bonds, and orders in such cause, made before such removal, shall have the same validity as if the cause had continued in the court to which it was originally brought. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 68.)

• § 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, or where the cause of action arose. The place of trial in the District Court shall be within the territorial unit to which the writ is returnable and as near as possible to the town where one of the parties resides, giving preference to the plaintiff. If default occurs, judgment may be rendered at the place where the writ is returnable. (Amended 1967, No. 194, § 14, eff. March 1, 1968; 1967, No. 347 (Adj. Sess.), § 3, eff. March 23, 1968; 1973, No. 249 (Adj. Sess.), § 14, eff. April 9, 1974.)

• § 406. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.