The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
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Subchapter 001: VENUE
§ 4601. General rule
When not otherwise provided, criminal causes shall be tried in the Criminal Division
of the Superior Court in the unit where an offense within the jurisdiction of such
court is committed. (Amended 1973, No. 118, § 7, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 101.)
§ 4602. When act in one county or unit causes death in another
A person feloniously wounding or poisoning a person in one unit of the Criminal Division
of the Superior Court, whose death results therefrom in another unit, may be tried
in the Criminal Division of the Superior Court in either unit, if the offense is within
the jurisdiction of such court. (Amended 1973, No. 118, § 8, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 1, 1974; 2009, No. 154 (Adj. Sess.), § 101a.)
§ 4603. Offense on boundary
If an offense is committed on the boundary of two or more units of the Superior Court,
or within 100 rods of such boundary, such offense may be alleged in the information
or indictment to have been committed and may be prosecuted in the Criminal Division
of the Superior Court in any of such counties or in the Criminal Division of the Superior
Court in any of such units, if the offense is within the jurisdiction of such court. (Amended 1973, No. 118, § 9, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 101b.)
§ 4604. Repealed. 1969, No. 22, § 8.
§ 4605. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
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Subchapter 002: CHANGE OF VENUE
§ 4631. Authority
The Supreme Court may by rule provide for change of venue in criminal prosecutions
upon motion, for the prevention of prejudice to the defendant or for the convenience
of parties and witnesses and in the interests of justice. The court to which a prosecution
is transferred shall thereby have jurisdiction of the cause, and the same proceedings
shall be had therein as though the venue had not been changed. (Amended 1969, No. 22, § 1; 1973, No. 118, § 10, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 102.)
§§ 4632-4634. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.
§ 4635. Order for removal of defendant
When a motion for change of venue has been granted and the defendant is in custody,
the judge granting the motion shall issue an order in writing to the officer having
the defendant in custody, commanding him or her to deliver the defendant to the keeper
of the jail serving the unit in which the further proceedings are ordered to be had. (Amended 1969, No. 22, § 4; 1973, No. 118, § 11, eff. Oct. 1, 1973; 2009, No. 154 (Adj. Sess.), § 103.)
§ 4636. Service and return
The officer having the defendant in custody shall forthwith remove and deliver him
or her as directed in the order, leave a copy of the same with his or her return indorsed
thereon with the keeper of the jail to which the defendant is committed and return
the original order with his or her return indorsed thereon to the clerk of the court
in which the defendant was informed against or indicted. (Amended 1969, No. 22, § 5; 1973, No. 118, § 12, eff. Oct. 1, 1973.)
§ 4637. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.
§ 4638. Which State’s Attorney to prosecute
The State’s Attorney of the county in which the respondent is informed or complained
against or indicted shall appear in behalf of the State in the court to which the
case is removed, and in proceedings relating thereto he or she shall have the same
powers and be subject to the same duties and liabilities as though the trial were
had in the county for which he or she is the attorney. (Amended 1969, No. 22, § 7; 2009, No. 154 (Adj. Sess.), § 104.)