The Vermont Statutes Online

Title 12: Court Procedure

Chapter 025: Process

• Subchapter 001: PROCESS GENERALLY

• §§ 651-653. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 654. Signing of original writs

  (a) [Repealed.]

  (b) The signing of original writs is a ministerial act and may be done in advance of issuance. The signature of an attorney, except when he or she is the plaintiff, to a writ, pleading, notice of appeal, or other form, constitutes and shall be deemed security, by way of recognizance, for the issuance of such writ or the filing of such pleading, notice of appeal, or other form, and such attorney shall be liable to each defendant in the sum of $50.00 for writs returnable to a Superior Court. (Amended 1959, No. 261, § 5; 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 15, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 69.)

• §§ 655-658. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 659. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

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 Repealed. 1971, No. 185 (Adj.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

• § 661. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• § 662. Signing citations attached to highway petitions

  Superior judges may sign citations returnable to the Superior Court in the county in which they reside, which are attached to petitions relative to highways. (Amended 1965, No. 194, § 10, eff. July 10, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 16, eff. April 9, 1974.)

• Subchapter 002: SERVICE BY SHERIFFS AND CONSTABLES

• § 691. Service of civil or criminal process

  (a) Sheriffs and constables may serve either civil or criminal process, anywhere within the State and returnable to any court.

  (b) Sheriffs and constables shall not be subject to civil or criminal liability for unlawful trespass in serving either civil or criminal process, including citations, summons, subpoenas, warrants, and other court orders, provided the scope of their entrance onto the property of another is no more than necessary to effectuate the service of process. (Amended 2013, No. 49, § 2.)

• § 692. Deputy sheriffs

  Deputy sheriffs shall have the same powers and be subject to the same liabilities in the service of process as sheriffs, whether the process is directed to the sheriff or the deputy. If a sheriff is confined in prison upon legal process, his or her deputies may serve precepts in their hands at the time and such as they receive within three days thereafter.

• § 693. Constables

  In the service of process, constables shall have the same powers and be subject to the same liabilities and penalties as sheriffs.

• § 694. Disqualifications

  (a) An officer shall not serve a writ drawn on a note originally payable to himself or herself and sued in the name of an indorsee, nor where he or she, or a private corporation of which he or she is a member, is a party or interested.

  (b) Such officer shall not be disqualified from serving process for or against a town or county by reason of being a taxpayer therein nor for or against a railroad corporation by reason of being a taxpayer in a town owning stock in such corporation, nor for or against a savings bank or savings institution by reason of being a corporator or officer thereof.

• § 695. Receipt for process

  A person may demand a receipt of an officer to whom he or she delivers a writ or precept, in which the sum or thing in demand, the date of such writ or precept and of its delivery, shall be stated. On the refusal of such officer to execute such receipt, a person present may subscribe his or her name as a witness to such delivery.

• § 696. Sheriffs’ duties to receive, execute, and return writs

  Sheriffs shall receive all writs and precepts issuing from lawful authority at any time and place within their respective precincts, unless they can show reasonable cause to the contrary, and shall execute and return the same agreeably to the direction thereof.

• § 697. Sheriffs’ liabilities

  A sheriff who willfully refuses or neglects to serve or return such writ or precept, or who makes a false or undue return, shall be fined not more than $100.00 with costs and shall pay to the party aggrieved damages sustained thereby.

• § 698. Special deputations

  (a) The sheriff may depute a proper person to serve a writ at the risk of the plaintiff in such writ by indorsing thereon a special deputation, and, when he or she deems it necessary, may depute some person to serve a warrant in a criminal cause or any other precept by indorsing a special deputation on such writ or precept.

  (b) Such special deputy shall make oath to his or her service and return and that he or she did not make or alter the writ, warrant, or precept by him or her served. He or she shall cause to be indorsed thereon a certificate of such oath. Service so made shall be as valid as if made by the sheriff.

• § 699. Removal or resignation of sheriff

  A sheriff removed from or resigning his or her office or at the expiration of his or her term of office may execute writs or precepts in his or her hands at the time. Service so made shall be as valid as if made by the sheriff.

• § 700. Completion of service of process or foreclosure of mortgage or lien

  When an officer who by law may serve process dies, becomes ill, disqualified, or incapacitated, having in his or her hands any process for service, or any chattel mortgage or conditional sale lien for foreclosure, any other officer who may by law serve such process or make such foreclosure and who has a knowledge of the facts may certify the proceedings thereon of such original officer, and make or complete such service or foreclosure, as the case may be

• § 701. Summons

  (a) Any law enforcement officer authorized to serve criminal process or a State’s Attorney may summon a person who commits an offense to appear before Superior Court by a summons in such form as prescribed by the Court Administrator, stating the time when, and the place where, the person shall appear, signed by the enforcement officer or State’s Attorney and delivered to the person.

  (b) When an individual accepts a precharge services contract, the State’s Attorney may issue a new citation ordering the individual to court in the event the individual fails to comply with the terms of the contract. The pretrial monitor may provide the citation to the individual at the time the individual accepts the precharge contract. This shall be considered effective service.

  (c) A person so summoned shall appear at the time and place stated in the summons delivered to him or her. A person who does not so appear shall be fined not more than $100.00 or be imprisoned not more than 90 days, or both.

  (d) [Repealed.] (Added 1971, No. 228 (Adj. Sess.), § 29, eff. July 1, 1972; amended 1971, No. 258 (Adj. Sess.), § 17, eff. July 1, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2015, No. 12, § 3, eff. May 1, 2015; 2018, No. 8 (Sp. Sess.), § 4, eff. June 28, 2018.)

• Subchapter 003: SERVICE BY AUTHORIZED PERSONS

• § 731. Indifferent person, appointment of

  When a summons, writ, or other process is not specially required by law to be served by an officer, any Superior judge, or any judge of the court to which the process is returnable, may appoint an indifferent person to serve the process if it appears that service by that person will be more economical or efficient than service by an officer. (Amended 1971, No. 185 (Adj. Sess.), § 37, eff. March 29, 1972.)

• § 732. Power of specially appointed person

  The person so appointed shall have the power of a sheriff in the service and return of the process, and he or she shall make proof of the service by affidavit. (Amended 1971, No. 185 (Adj. Sess.), § 38, eff. March 29, 1972.)

• § 733. Fees

  When the service of any process is made for a party by a person specially appointed for that purpose, fees for the service shall not be recoverable of or taxed against the opposite party in excess of one-half of the taxable fees of a proper officer, had the process been served by that officer. (Amended 1971, No. 185 (Adj. Sess.), § 39, eff. March 29, 1972.)

• § 734. Property taken from specially appointed person by officer

  When property is attached or taken in execution by a person specially appointed, it may be taken by an officer having an attachment or execution against it from the possession of the specially appointed person or his or her receiptor, but subject to the lien created by the previous attachment or taking in execution. (Amended 1971, No. 185 (Adj. Sess.), § 40, eff. March 29, 1972.)

• § 735. Delivery of writ; return; completion of service

  When property is taken as outlined in section 734 of this title, the person specially appointed shall deliver to the officer the writ of attachment or execution upon which he or she took the property, with a return of his or her action thereon, unless the writ has been returned to the attorney or court signing the writ. The officer shall complete the service thereof. (Amended 1971, No. 185 (Adj. Sess.), § 41, eff. March 29, 1972.)

• § 736. Officer’s duties and liabilities

  When property is taken by an officer from the possession of a specially appointed person or his or her receiptor, the officer shall be subject to the duties and liabilities relating to the property and arising by virtue of the previous attachment or taking in execution and shall be responsible for the property to the plaintiff or creditor having the prior lien thereon by virtue of the attachment, as the specially appointed person or his or her receiptor would have been if the property had not been taken from his or her possession. (Amended 1971, No. 185 (Adj. Sess.), § 42, eff. March 29, 1972.)

• Subchapter 004: TIME FOR SERVICE; RETURN

• §§ 771-775. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 776. Repealed. 1969, No. 222 (Adj. Sess.), § 5, eff. July 1, 1970.

• § 777. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• § 778. Repealed. 1967, No. 233 (Adj. Sess.), § 1, eff. Feb. 2, 1968.

• § 779. Repealed. 1969, No. 222 (Adj. Sess.), § 5, eff. July 1, 1970.

• § 780. Indorsement of fees

  The officer serving process shall indorse thereon his or her fees and charges and the number of miles actually and necessarily traveled in the performance of his or her duty in serving the same, otherwise his or her fees shall not be allowed.

• Subchapter 005: MANNER OF SERVICE GENERALLY

• §§ 811-813. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 814. Partnerships and unincorporated associations—suit in firm name; service of process

  A partnership or an unincorporated association or joint stock company may sue and be sued in its firm, associate, or company name and service of process against such partnership, association, or company made upon any officer, a managing or general agent, a superintendent, any member thereof, or any agent authorized by appointment or by law to receive service of process, shall have the same force and effect as regards the joint rights, property, and effects of the partnership, association, or company as if served upon all the partners, associates, or shareholders. (Amended 1959, No. 261, § 9.)

• § 815. Nonabatement on change in officers or members

  Such cause shall not abate by reason of the death, removal, or resignation of the president, other principal officer, clerk, or treasurer, or by the death or legal incapacity of any such partner, associate, or shareholder, or by reason of any change in the membership of such partnership, association, or company during the pendency of such cause.

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

• Subchapter 006: FOREIGN CORPORATIONS

• § 851. Service on Secretary of State

  When a foreign corporation has appointed the Secretary of State as its process agent pursuant to the statutes relating to such corporations, service of process made upon the Secretary by delivering to him or her duplicate copies thereof, shall be sufficient. A copy of the stipulation, filed under the provisions of 11 V.S.A. § 3011, 11A V.S.A. § 15.10, and 11B V.S.A. § 15.10, certified by the Secretary, with his or her certificate that process has been served on him or her, shall be sufficient evidence thereof.

• § 852. Fees; mailing of copy to corporation

  When process is served on the Secretary of State under the provisions of section 851 of this title, there shall be paid to the Secretary by the officer at the time of such service the sum of $35.00. The Secretary shall forthwith forward by mail prepaid one of the duplicate copies to the corporation at its home office or to a person whom it designates. (Amended 1963, No. 37, § 6; 1967, No. 278 (Adj. Sess.), § 10, eff. July 1, 1968; 2023, No. 77, § 41, eff. June 20, 2023.)

• § 853. Doing business by particular companies without designating process agent; penalty

  A person or agent for a foreign insurance, express, shipping car, telephone or telegraph company, or other foreign company doing like business, which has not designated the Secretary of State as its process agent, as required by 11 V.S.A. § 692 who solicits or receives a risk or application for insurance, or receives money or value for such insurance by such company, or receives money or value for the transportation of a package or property by such express or shipping car company, or for the transmission of a message or dispatch by such telegraph company, or receives money, rent, royalty, or income for such telephone company for the use of its instruments or lines or for the sending of any message, shall be fined not more than $500.00 nor less than $100.00.

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

• § 855. Doing business as appointment of process agent

  If the contact with the State or the activity in the state of a foreign corporation, or the contact or activity imputable to it, is sufficient to support a Vermont personal judgment against it, the contact or activity shall be deemed to be doing business in Vermont by that foreign corporation and shall be equivalent to the appointment by it of the Secretary of the State of Vermont and his or her successors to be its true and lawful attorney upon whom may be served all lawful process in any action or proceedings against it arising or growing out of that contact or activity, and also shall be deemed to be its agreement that any process against it which is so served upon the Secretary of State shall be of the same legal force and effect as if served on the foreign corporation at its principal place of business in the state or country where it is incorporated according to the law of that state or country. (Amended 1967, No. 353 (Adj. Sess.), § 5, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 43, eff. March 29, 1972.)

• § 856. Service of process

  Service of process by virtue of section 855 of this title shall be made by delivering to the Secretary of State duplicate copies of the process, with the officer’s return of service thereon, and a fee of $25.00, to be taxed in the plaintiff’s costs if he or she prevails. The Secretary shall forthwith forward one of the duplicate copies by registered mail prepaid to the corporation at its principal place of business in the state or country where it is incorporated, which principal place of business shall be stated in the process. The service shall be sufficient if a copy of the process, with the officer’s return thereon showing the service upon the Secretary of State, is sent by the plaintiff to the foreign corporation by registered mail, and if the plaintiff’s affidavit of compliance herewith is filed with the process in court. The Secretary shall file one of the copies and endorse upon each copy the day and hour of service. (Amended 1963, No. 37, § 7; 1967, No. 278 (Adj. Sess.), § 11, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 44, eff. March 29, 1972; 2013, No. 72, § 11.)

• § 857. Continuance; costs

  The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to appear and defend. The fee provided in section 856 of this title shall be taxed in the plaintiff’s costs if he or she prevails.

• § 858. Alternative means of service

  As an alternative to service of process under this subchapter or when a stipulation appointing the Secretary of State as process agent is not filed with the Commissioner of Foreign Corporations, process may be served upon a foreign corporation in accordance with sections 912 and 913 of this title or by any method that the Supreme Court shall by rule provide for service upon a domestic corporation. (Added 1971, No. 185 (Adj. Sess.), § 234, eff. March 29, 1972.)

• Subchapter 007: OPERATORS OF MOTOR VEHICLES

• § 891. Commissioner of Motor Vehicles as process agent

  The acceptance by a person of the rights and privileges conferred upon him or her by Titles 19 and 23, as evidenced by his or her operating, or causing to be operated, a motor vehicle in this State shall be deemed equivalent to an appointment by such person of the Commissioner of Motor Vehicles, or his or her successor in office, to be his or her true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against such person or his or her estate if he or she is deceased at the time when the suit is brought, growing out of any accident or collision in which such person may be involved while operating or causing to be operated a motor vehicle in this State. Such acceptance shall be deemed to be the agreement of such person that any process against him or her which is so served upon the Commissioner shall be of the same legal force and validity as if served on the person personally. (Amended 1969, No. 88, § 1, eff. April 18, 1969.)

• § 892. Service on Commissioner; mailing copies; fees

  (a) Service of process shall be made by leaving a copy of the process with a fee of $15.00 with the Commissioner, or in his or her office. Service shall be sufficient upon the person, provided that a copy of the process with the officer’s return on it, showing service upon the Commissioner as provided in this section, is sent by the plaintiff to the defendant, or the personal representative of his or her estate, by registered or certified mail, and provided further that the plaintiff’s affidavit of compliance is filed with the process in court. The Commissioner shall file copies served upon him or her as provided in this section, and show upon each copy the day and hour of service.

  (b) Such manner of service shall be in addition to all existing manner of service, rights, and remedies, and the availability of such manner of service shall not make the provisions of section 552 of this title inoperative, relative to tolling of the statute of limitations. (Amended 1961, No. 134; 1969, No. 88, § 2, eff. April 18, 1969; 1989, No. 51, § 6; 2001, No. 102 (Adj. Sess.), § 2, eff. May 15, 2002; 2003, No. 101 (Adj. Sess.), § 7.)

• § 893. Continuances; costs

  The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the same. The fee herein provided shall be taxed in the plaintiff’s costs, if he or she prevails in the suit.

• Subchapter 008: NOTICE TO ABSENT DEFENDANT; WRIT OF REVIEW OF DEFAULT JUDGMENT WITHOUT NOTICE

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

• § 913. Effect of service outside the State

  (a) When process is served upon a party outside the State in such manner as the Supreme Court may by rule provide, the same proceedings may be had, so far as to affect the title or right to the possession of goods, chattels, rights, credits, land, tenements, or hereditaments in the State as if the process had been served on a party in the State.

  (b) Upon the service, and if it appears that the contact with the State by the party or the activity in the State by the party or the contact or activity imputable to him or her is sufficient to support a personal judgment against him or her, the same proceedings may be had for a personal judgment against him or her as if the process or pleading had been served on him or her in the State.

  (c) The provisions of subsection (b) of this section are in addition to all existing manner of service, rights, and remedies, and the availability of a personal judgment by reason of subsection (b) shall make the provisions of sections 855, 856, 891 and 892 of this title and 11 V.S.A. § 1630 alternative and not inoperative. (Amended 1967, No. 353 (Adj. Sess.), § 4, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 45, eff. March 29, 1972.)

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

• § 915. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• §§ 916-922. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.