The Vermont Statutes Online

Title 12: Court Procedure

Chapter 213: Judicial Forms

• Subchapter 001: WRITS AND OTHER FORMS

• § 5901. Forms prescribed; alterations

  The forms of writs set out in this chapter, in the several courts of this State, and other proceedings, shall, as near as circumstances will admit, be adopted and used, and shall be sufficient in law; but alterations may be made and allowed by the courts when necessary to adapt them to changes in the law.

• § 5902. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 5903. Repealed. 1979, No. 2, § 2, eff. Feb. 14, 1979.

• § 5904. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 5905. Repealed. 1979, No. 2, § 2, eff. Feb. 14, 1979.

• §§ 5906-5910. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 5911. Forcible entry and detainer verdict

  Verdict in Entry and Detainer

  STATE OF VERMONT, At a court of inquiry held at

  ......................... County, ss. ......................... , on the

  } ............ day of .................... A. D.

  20 .......... , before E. F. and G. H., Justices of the peace in and for the county of ...................................... , aforesaid.

  A. B. of ....................................................... , complainant, against C. D. of .......................................... , respondent.

  The jury find that the facts alleged in the said A. B.’s complaint are true, and that the said C. D. is guilty thereof, and that the said A. B. ought to have restitution of the premises therein described, without delay. (If the jury do not find the allegations of the complainant proved, then after the word respondent insert) (the jury find that the facts alleged in the said A. B.’s complaint are not true, and that the said C. D. is not guilty.)

  N. W., Foreman.

• § 5912. Restitution

  Writ of Restitution in Case of Forcible Entry and Detainer

  STATE OF VERMONT, To any sheriff or constable in

  ......................... County, ss. the State or to ......................... ,

  } an indifferent person,

  Greeting:

  Whereas A. B. of, etc., at a court of inquiry of forcible entry and detainer, held at ................................................. in the county of ....................................... , on the ....................................... day of ....................................... A.D. 20 ...... , before E. F. and G. H., justices of the peace in and for the county of ................................... , by the consideration of the said court recovered a judgment against C. D. of ................................... , to have restitution of (here describe the premises as in the complaint)

  Therefore, by the authority of the State of Vermont, you are hereby commanded forthwith to remove the said C. D. from the premises, and to cause the said A. B. to have peaceable restitution thereof. You are also hereby commanded, that of the goods, chattels or lands of the said C. D., within your precinct, you cause to be levied, and, the same being disposed of according to law, paid and satisfied to the said A. B., the sum of ......................... dollars, being the costs taxed against the said C. D. for the said A. B., by the court aforesaid, together with ......................... cents for this writ, and thereof also satisfy yourself for your own fees.

  Fail not, but service and return make within .................... days from the date hereof.

  Dated at .............................. in the county of ......................... , the ......................... day of ......................... A.D. 20 ........

  E. F., Justice of the Peace.

  G. H., Justice of the Peace.

• § 5913. Habeas corpus

  Writ of Habeas Corpus

  (Commencement as in § 5903.)

  To the sheriff of .................. (or person having the custody of the prisoner,) (to be designated by his or her name or name of office) or to any sheriff in the State, or his or her deputy, (as the case may be)

  Greeting:

  By the authority of the State of Vermont, you are hereby commanded that the body of A. B. of ............................................. , in the prison in ............................................. , in the county of .................. , (or by you imprisoned and restrained of his or her liberty,) (as the case may be) together with the day and cause of his or her commitment (taking and detaining,) by whatsoever name the said A. B. shall be called or charged, you have forthwith before the .............................. court now sitting at, etc., or before me, at ........................................ (if issued by a Justice of the Supreme Court or a Superior judge) to do and receive what the said court shall then and there consider concerning him or her in this behalf, and have you have this writ.

  (in case of imprisonment or detention by any person not an officer of this State, or of the courts of the United States, insert as follows) And you are hereby further commended to summon the said ........................................ (naming the person by whom such prisoner is restrained) to appear before said court or before me (as the case may be) at the time and place aforesaid, and show the cause, if any he or she have, of the taking and of detaining said A. B.

  Dated at .............................. in the county of .................... , the .................... day of .............................. A.D. 20 ..........

  Judge, etc., or Clerk.

• §§ 5914-5923. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 5924. Repealed. 1979, No. 2, § 2, eff. Feb. 14, 1979.

• § 5925. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• Subchapter 002: FORMS FOR PLEADINGS AND TRIAL

• §§ 5961, 5962. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 5963. Writ and complaint—justice ejectment

  Writ and Complaint in Justice Ejectment

  STATE OF VERMONT, To any sheriff or constable in

  ......................... County, ss. the State, or to .........................................

  } an indifferent person,

  Greeting:

  By the authority of the State of Vermont, you are hereby commanded to attach the goods, chattels, or estate of ......................... of .............................. , in the county of .............................. to the value of ................................... dollars, and ......................... notify thereof according to law, (and for want thereof take his or her body, if to be found within your precinct, and him or her safely keep so that you have him or her to appear before me) (and ................................... also notify to appear before me) at .............................. , on the ........................................ day of ......................... at ............... o’clock in the ...................... noon, then and there to answer to the complaint of .............................. of .............................. , in the county of .............................. .

  For that the said defendant, .............................. , is in the possession of certain lands (and tenements) situated in the town of ........................................ , in the county of ................................... , described as follows: (insert a brief description) which lands (and tenements) the said defendant holds unlawfully and against the right of the plaintiff, as it is said.

  To the damage of the plaintiff ........................................ dollars, to recover which and the quiet and peaceable possession of the premises, with just costs, the plaintiff brings this action.

  Fail not, but service and return make according to law.

  (Conclude as in § 5903.)

• § 5964. Repealed. 1979, No. 2, § 2, eff. Feb. 14, 1979.

• §§ 5965, 5966. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 5967. Witness—subpoena for appearance before grand jury

  Subpoena for Witness Before Grand Jury

  (Commencement and direction as in § 5903.)

  By the authority of the State of Vermont, you are hereby commanded to summon ......................... of ............... to appear before the grand jury of the county of ...................... , at the courthouse in ......................... , on the .................. day of ................ A.D. 20 ....... , at ............ o’clock in the .................. noon, to give evidence of what they know relative to all matters of complaint pending and to be investigated before such grand jury; and this neither of them may omit, as they will answer their default under the pains and penalties of the law in such case made and provided.

  Fail not, but service and return make according to law.

  Dated at, etc.

  G. H., Clerk, Justice of the Peace,

  Notary Public

• §§ 5968-5971. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 5972. Repealed. 1979, No. 2, § 2, eff. Feb. 14, 1979.

• Subchapter 003: ARREST, BAIL, BONDS, AND RECOGNIZANCES

• § 6001. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 6002. Bailpiece—surety in jail bond taken on execution

  Bailpiece to be Furnished a Surety in a Jail Bond Taken on an Execution

  STATE OF VERMONT, On the ......... day of .........................................

  ......................... County, ss. } A. D. 20 ......... , A. B. of .........................................

  in the county of .................... was bailed by C. D. of .................... in the county of ......................... , to the liberties of the jail yard in .............................. in the county of ............................. , on an execution in favor of E. F. of ............................................. in the county of ............................................. , the sum of ................. dollars damages, and .............................. dollars costs of action, with ......................... cents for such execution, and officers’ fees thereon to the amount of .............................. .

  G. R., Jailer.

• § 6003. Surety for person charged with being father of illegitimate child

  Bailpiece to be Furnished the Surety for Person Charged with Being the Father of an Illegitimate Child

  STATE OF VERMONT, A. B. of ......................... in

  ......................... County, ss. } the county of .................... is

  bailed by C. D. of ......................... in the county of .................... , upon a recognizance in the sum of ......................... dollars, returnable to (insert name of court or justice and the time and place of session) at the instance of E. F.; the said C. D. having become surety for the appearance of the said A. B. before said court (or justice) at ......................... , on the ........... day of .............

  Given under my hand at ................................... , this ................. day of .............................. A. D. 20 ...... .

  Attest,

  G. H., Sheriff or Jailer.

  (The warrant for arrest of principal may be as in § 6007, setting forth that the principal is charged with being the father of an illegitimate child, instead of with a crime.)

• § 6004. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 6005. Warrant—issued on bailpiece furnished to surety in jail bond

  Warrant to be Issued on the Bailpiece Furnished to a Surety in
  Jail Bond

  (Commencement and direction as in § 5903.)

  Whereas it has been made to appear to me, on application of C. D. of ................................... in the county of ......................... , that on the ......................... day of .................... A.D. 20 .......... , at ............................................. in the county of .................... , one A. B. of .............................. in the county of .................... , then a prisoner in the common jail in .............................. in the county of ..................................... , on an execution in favor of E. F. of ..................................... in the county of ......................... , for the sum of ............... dollars damages, and for the sum of .................... dollars costs of action, and ......................... cents for such execution, and officer’s fees thereon to the amount of ................................... , was bailed to the liberties of the aforesaid jail yard by the said C. D.; and the said C. D. having prayed for a warrant to recommit the said A. B., agreeably to the statute in such case made and provided;

  Therefore, by the authority of the State of Vermont, you are hereby commanded to apprehend the body of the said A. B., and him or her safely keep until he or she pays the sums above mentioned, or is released from imprisonment by the creditor, or otherwise by order of law.

  (Conclusion and date as in § 5912.)

  J. I., Justice of the Peace.

• § 6006. Request therefor for arrest of principal in relief of bail

  Request for a Warrant for the Arrest of a Principal in Relief
  of Bail

  Whereas I, A. B., on ...................... day of ...................... A.D. 20 ....... , became bail for C. D., in the sum of .................... dollars, for his or her appearance before the Superior Court within and for the county of ................................... , on the ................. day of ............. next; the said C. D. being charged with the crime of .................. ; I now request you to grant me a warrant, in due form of law, to apprehend the body of the said C. D., that I may commit him or her to jail in the county of .............................. , in discharge of my recognizance.

  Dated at, etc.

  A. B.

  (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 6007. Arrest of principal in relief of bail

  Warrant for Arrest of Principal in Relief of Bail

  STATE OF VERMONT, To any sheriff or constable in

  ......................... County, ss. the State or to .........................

  } an indifferent person,

  Greeting:

  Whereas A. B. of ......................... , on the ......................... day of .................. A.D. 20 ...... , became bail for the appearance of C. D. before the Superior Court next to be held at .................... , within and for the county of .................... , on the .................... day of .................. A.D. 20 ...... , charged with the crime of ......................... , in the sum of ................ dollars; and whereas the said A. B. has this day filed with me his or her application, in writing, praying for a warrant to arrest the said C. D., to commit him or her to jail in discharge of the recognizance of the said A. B.;

  Therefore, by the authority of the State of Vermont, you are hereby commanded to apprehend the body of the said C. D., and him or her commit to the keeper of the jail in the county of ......................... , within said jail, who is hereby commanded to receive the body of the said C. D., and him or her safely keep until he or she is discharged according to law.

  Fail not, but service and return make according to law.

  Dated at ..................... in the county of ................................... , the .................. day of ....................... A.D. 20 ...... .

  ............... , Justice of the Peace, Judge, or Clerk.

  (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 6008. Condition of jail bond

  Condition of a Jail Bond

  The condition of the above obligation is such, that whereas the above bounden ..................... , now a prisoner in the common jail in ..................... in the county of ..................... and State of Vermont, by virtue of an execution in favor of ......................... of .................. in the county of ......................... and State of ................................... , for the sum of .................... dollars and ......... cents debt (or damages) and costs, and for the sum of .................... dollars and .............. cents costs, with ................. cents for such execution and the officer’s fees on the same, to the amount of ...................... , issued on a judgment recovered before (here set forth court, time, etc.,) and signed by (here mention the authority signing the execution, or, when the bond is taken on mesne process, insert in the condition,) ................................... now a prisoner in the common jail, etc., .................... at the suit of ................... of ................... in the county of ............................. and State of ....................... , demanding in his or her writ, debt (or damages) to the amount of ..................... dollars.

  Now, if the said ........................ faithfully and absolutely remains within the limits of such jail yard, and does not depart therefrom until he or she is lawfully discharged, without committing any escape before such discharge, or doing any act by which the sheriff, as aforesaid, is damnified, in consequence of admitting the said ................... to the liberties of such jail yard; but at all times indemnifies and saves harmless the sheriff, in the premises; then this obligation to be void and of no effect, otherwise of force.

  Signed, sealed and (L.S.)

  delivered in presence of } (L.S.)

• § 6009. Poor debtor—oath

  Poor Debtor’s Oath

  The oath to poor debtors shall be administered by the commissioners of jail delivery in the following form:

  “You solemnly swear that you have not estate, real or personal, to the amount of $20.00, nor sufficient to satisfy the execution on which you are committed, except such as is exempt from execution; and that you have not, directly or indirectly, disposed of any part of your estate to defraud your creditors; and that you have not, since your commitment, disposed of any of your property to defraud the creditor on whose execution you are committed. So help you God.”

• § 6010. Commissioner’s certificate on admission to oath

  The certificate to be delivered by the commissioners to the prisoner admitted to the poor debtor’s oath shall be substantially as follows:

  STATE OF VERMONT, To all whom it may concern,

  ......................... County, ss. }

  Greeting:

  ............................ , a prisoner confined in the ......................... jail in ......................... in the county of ........................................ , on an execution in favor of ................................... of .................... in the county of ......................... and State of ......................... , dated the ............... day of ................................... , 20 ...... , for .............................. dollars and .................... cents damages (or debt) and ................................... dollars and .............................. cents cost, signed by ......................... , has this day been admitted to the poor debtor’s oath, and ought to be discharged. The creditor was (or was not) notified, and did (or did not) attend.

  Given under our hands at ......................... , this .................... day

  of ......................... , 20 ........

  } Commissioners.

• § 6011. Treasurer’s bond

  Know all men by these presents, that I, A. B. of ......................... in the county of ......................... , as principal, and we, C. D. and E. F. of .............................. in the county of .............................. , as sureties, acknowledge ourselves jointly and severally indebted to the ................................... , in the penal sum of .............................. dollars, current money of the United States, for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our and each of our heirs, executors and administrators, firmly by these presents. Signed with our hands, sealed with our seals and dated this .............................. day of ......................... A.D. 20 ......... .

  The condition of the above obligation is such that if the said A. B. well and faithfully executes the office of ................................... for the ................................... ensuing, and at all times well and faithfully accounts for all the monies and other matters and things which come into his or her hands and possession by virtue of his or her office, and well and faithfully performs all and singular the other duties and requirements thereof according to law, then this obligation to be void, otherwise of force.

  Signed, sealed and A.B. (L.S.)

  delivered in presence C.D. (L.S.)

  of } E.F. (L.S.)

• Subchapter 004: INDICTMENTS AND PRESENTMENTS

• § 6041. Indictment—perjury before court or tribunal

  Indictment Against a Person for Committing Perjury
  Before a Court or Tribunal

  STATE OF VERMONT, Be it remembered that at a

  ............................ County, ss. } term of the Superior Court begun

  and held at ......................... within and for the county of ............. , aforesaid, on the ............... day of .............................. A.D. 20 ...... , the grand jurors within and for such county of .............................. , upon their oath present, that A. B. of ........................ in the county of ........................................ , at ......................... in such county of ......................... , on the .................... day of .................... A.D. 20 ........ , appeared as a witness in a proceeding in which C.D. and E.F. were parties, then and there being heard before a tribunal of competent jurisdiction, (here specify the matter under consideration) and committed the crime of perjury, by testifying in substance as follows: (here set out the matter sworn to and alleged to be false) which such testimony was material to the issue then and there pending in such proceeding, against the peace and dignity of the State.

  (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 6042. Perjury before person or board authorized to examine witnesses

  Indictment Against a Person for Committing Perjury Before a Person, or Board Consisting of More Than One Person, Authorized by Law to Examine Witnesses Under Oath

  STATE OF VERMONT, Be it remembered that at a

  ............................ County, ss. } term of the Superior Court begun

  and held at .............................. , within and for the county of ..................... , aforesaid, on the .................... day of ................................... A.D. 20.......... , the grand jurors within and for the county of ................................... , upon their oath present that ........................ of ................................... in the county of ................................... on the .................... day of ........... .............. A.D. 20........ , before (here insert the name of the person or board before whom the perjury was committed) the said (here insert the name of the person or board before whom the perjury was committed) then and there having authority to examine said (here insert name of respondent) under oath (here specify the matter then under consideration) committed the crime of perjury, by testifying in substance as follows: (here insert the matter claimed to be false) which said testimony was material in said proceeding, against the peace and dignity of the State.

  (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 6043. Perjury in swearing to material matter in relation to which oath is authorized

  Indictment Against a Person for Committing Perjury in Swearing
  or Affirming to a Material Matter in a Writing in Relation
  to Which an Oath or Affirmation is Authorized by Law

  STATE OF VERMONT, Be it remembered that at a term

  ......................... County, ss. } of the Superior Court begun and held

  at .................... , within and for the county of .................... , aforesaid, on the .................... day of .............................. A.D. 20 ....... , the grand jurors within and for such county of ................................... , upon their oath present, that A. B. of ......................... in the county of ................................... , at ................................... in such county, on the ......................... day of ........................................ A.D. 20 .......... , before G. H., then and there having competent authority to administer oaths, committed the crime of perjury, by falsely swearing (or affirming) to material matter in writing required by law to be sworn to (here insert substance of writing) signed by said A. B., which material matter is in substance as follows: (here set out the matter in such writing claimed to be false) against the peace and dignity of the State.

  (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 6044. Presentments for intoxication, breach of peace, and tramping

  The presentments for intoxication, breach of the peace, and tramping, as provided for in 13 V.S.A. § 5507, shall be in substance as follows:

  STATE OF VERMONT

  ......................... County, ss. }

  (INTOXICATION)

  To the (name of court) comes .............................. sheriff, constable, police officer (as the case may be) and upon his or her oath of office makes complaint that ................................... of ......................... in the county of ................................... at ................................... on the .................................. day of ............................... A. D. 20 ....... , became and was found intoxicated, contrary to the form of the statute, in such case made and provided, and against the peace and dignity of the State.

  Dated at ................................... in the county of .................................... , this ................................... day of .............................. , A.D. 20 .......

  (BREACH OF THE PEACE.)

  Same as intoxication to italics, then in place of italics: “did disturb and break the public peace by tumultuous and offensive carriage, by threatening, quarreling, assaulting, beating, and striking (name of person assaulted).” Then continue as in intoxication after italics.

  (TRAMPING.)

  Same as intoxication to italics, then in place of italics: “was a transient person roving from place to place begging and living without labor or visible means of support.” Then continue as in intoxication after italics.

  (TRAMPING.)

  Same as intoxication to italics, then in place of italics: “did ride or attempt to ride on a railroad freight train and engine without to consent of the persons in charge thereof.” Then continue as in intoxication after italics.

• Subchapter 005: MITTIMUS

• §§ 6071-6078. Repealed. 1971, No. 199 (Adj. Sess.), § 22, eff. July 1, 1972.

• § 6079. Repealed. 1977, No. 252 (Adj. Sess.), § 36.