The Vermont Statutes Online

Title 32: Taxation and Finance

Chapter 017: Fees and Costs

• Subchapter 001: General Provisions

• § 1401. Disposition of fees

  All lawful fees received by any State, county, or municipal official shall belong to the official, unless other provision for the disposition of the fees is made by law. (Amended 2021, No. 105 (Adj. Sess.), § 486, eff. July 1, 2022.)

• § 1402. Receipt for fees

  Unless otherwise provided, any person or official lawfully entitled to charge, demand, and receive fees for services rendered shall deliver to any person paying the fees a receipt for payment, if so requested, and the receipt shall show the items of the fees, the sum of the fees, the date when the services were rendered, and the date of payment. (Amended 2021, No. 105 (Adj. Sess.), § 487, eff. July 1, 2022.)

• § 1403. Justices to make rules for fees

  (a) The Justices of the Supreme Court, under their general rulemaking power, shall establish uniform rules to govern the allowance of fees not specified by law for services and expenses in the courts of the State. The Court Administrator shall recommend to the Justices such alterations in the rules as he or she finds necessary. The Court Administrator shall endeavor to secure uniform allowances in the several counties and to correct deviations from the prescribed rules.

  (b) [Repealed.] (Amended 1959, No. 328 (Adj. Sess.), § 8; 1969, No. 222 (Adj. Sess.), § 1; 1971, No. 185 (Adj. Sess.), § 216, eff. March 29, 1972; 1975, No. 118, § 98; 1987, No. 1, § 3, eff. Jan. 30, 1987; 1991, No. 257 (Adj. Sess.), § 7; 2017, No. 160 (Adj. Sess.), § 5(3), eff. July 1, 2019.)

• § 1404. Justices and judges not to receive special fees

  A Justice of the Supreme Court or a Superior judge shall not demand or receive fees for special services performed by him or her either as a Justice or judge. (Amended 1971, No. 185 (Adj. Sess.), § 236(a), (b), eff. March 29, 1972.)

• § 1405. Names—Typewritten

  When an instrument is left for recording, any public official required by law to record it may require that the names be typed, stamped, or printed under the signatures. An additional recording fee of $2.00 may be charged by the recorder for those instruments that fail in this requirement. (Amended 1993, No. 170 (Adj. Sess.), § 12.)

• § 1406. Illegible

  An instrument shall not be invalid because of the illegibility of the signatures, nor shall such illegibility affect the time in which the instrument is received for record. (Added 1965, No. 101, § 2.)

• § 1407. Costs to be borne by the State

  (a) As described in this section, the State shall cover the costs of certain medical care for victims of crime committed in this State without health insurance or whose health insurance does not pay for all of the care provided.

  (b) The State shall bear the costs of forensic medical and psychological examinations administered to victims of crime committed in this State, in instances where that examination is requested by a law enforcement officer or a prosecuting authority of the State or any of its subdivisions and the victim does not have health coverage or the victim’s health coverage does not cover the entire cost of the examination. The State shall also bear the costs of sexual assault examinations, as defined in 8 V.S.A. § 4089, administered to victims in cases of alleged sexual assault where the victim obtains such an examination prior to receiving such a request if the victim does not have health coverage or the victim’s health coverage does not cover the entire cost of the examination. If, as a result of a sexual assault examination, the alleged victim has been referred for mental health counseling, the State shall bear any costs of such examination not covered by the victim’s health coverage. These costs may be paid from the Victims’ Compensation Fund from funds appropriated for that purpose.

  (c)(1) Health care facilities and health care providers shall bill the victim’s health insurance plan, Medicaid, Medicare, or another health benefit plan, as applicable, for the services described in subsection (b) of this section. If the victim does not have health coverage or if the victim’s health benefit plan denies the claim, the Fund shall reimburse health care facilities and health care providers located in Vermont as defined in 18 V.S.A. § 9402 at 60 percent of the billed charges for these claims, and the health care provider or facility shall not bill any balance to the crime victim.

  (2) If the victim’s health coverage does not cover all of the medical care provided pursuant to this section and the victim would otherwise be responsible for any co-payment, coinsurance, deductible, or other cost-sharing, the Fund shall pay the victim’s share directly to the health care facility or provider.

  (d) A victim, at his or her own expense, may obtain copies of the results of an examination under this section. (Added 1981, No. 1 (Sp. Sess.), § 13, eff. July 17, 1981; amended 1993, No. 60, § 51; 2005, No. 215 (Adj. Sess.), § 75b; 2007, No. 173 (Adj. Sess.), § 4; 2015, No. 34, § 3, eff. Oct. 1, 2015.)

• § 1408. Guardians ad litem; expense reimbursement

  The Court Administrator shall reimburse guardians ad litem for necessary and actual expenses incurred in the performance of their duties. (Added 1987, No. 222 (Adj. Sess.), § 3.)

• Subchapter 002: State Fees in Judicial Proceedings

• § 1431. Fees in Supreme and Superior Courts

  (a) Prior to the entry of any cause in the Supreme Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $295.00 in lieu of all other fees not otherwise set forth in this section.

  (b)(1) Except as provided in subdivisions (2)-(7) of this subsection, prior to the entry of any cause in the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $295.00 in lieu of all other fees not otherwise set forth in this section.

  (2) Prior to the entry of any divorce or annulment proceeding in the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $295.00 in lieu of all other fees not otherwise set forth in this section. If the divorce or annulment complaint is filed with a stipulation for a final order, the fee shall be $90.00 if one or both of the parties are residents and $180.00 if neither party is a resident, except that if the stipulation is not acceptable to the court or if a matter previously agreed to becomes contested, the difference between the full fee and the reduced fee shall be paid to the court prior to the issuance of a final order.

  (3) Prior to the entry of any parentage or desertion and support proceeding brought under 15 V.S.A. chapter 5 in the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $120.00 in lieu of all other fees not otherwise set forth in this section. If the parentage or desertion and support complaint is filed with a stipulation for a final order acceptable to the court, the fee shall be $35.00, except that if the stipulation is not acceptable to the court or if a matter previously agreed to becomes contested, the difference between the full fee and the reduced fee shall be paid to the court prior to the issuance of a final order.

  (4) Prior to the entry of any motion or petition to enforce a final order for parental rights and responsibilities, parent-child contact, property division, or maintenance in the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $90.00 in lieu of all other fees not otherwise set forth in this section. Prior to the entry of any motion or petition to vacate or modify a final order for parental rights and responsibilities, parent-child contact, or maintenance in the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $120.00 in lieu of all other fees not otherwise set forth in this section. However, if the motion or petition is filed with a stipulation for an order, the fee shall be $35.00, except that if the stipulation is not acceptable to the court or if a matter previously agreed to becomes contested, the difference between the full fee and the reduced fee shall be paid to the court prior to the issuance of a final order. All motions or petitions filed by one party under this subsection at one time shall be assessed one fee equal to the highest of the filing fees associated with the motions or petitions involved. There are no filing fees for prejudgment motions or petitions filed before a final divorce, legal separation, dissolution of civil union, parentage, desertion, or nonsupport judgment issued.

  (5) Prior to the entry of any motion or petition to vacate or modify an order for child support in the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $45.00 in lieu of all other fees not otherwise set forth in this section. If the motion or petition is filed with a stipulation for an order, there shall be no fee, except that if the stipulation is not acceptable to the court or if a matter previously agreed to becomes contested, the difference between the full fee and the reduced fee shall be paid to the court prior to the issuance of a final order. A motion or petition to enforce an order for child support shall require no fee. All motions or petitions filed by one party at one time shall be assessed one fee; if a simultaneous motion is filed by a party under subdivision (4) of this subsection, the fee under subdivision (4) shall be the only fee assessed. There are no filing fees for prejudgment motions or petitions filed before a final divorce, legal separation, dissolution of civil union, parentage, desertion, or nonsupport judgment has issued.

  (6) Prior to the registration in Vermont of a child custody determination issued by a court of another state, there shall be paid to the clerk of the court for the benefit of the State a fee of $90.00 unless the request for registration is filed with a simultaneous motion for enforcement or modification, in which event the fee for registration shall be $40.00 in addition to the fee for the motion as provided in subdivision (4) of this subsection.

  (7) Prior to the filing of any appeal from the Probate Division of the Superior Court to the Civil Division of the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $295.00 in lieu of all other fees not otherwise set forth in this section.

  (c)(1) Prior to the entry of a small claims action, there shall be paid to the clerk in lieu of all other fees not otherwise set forth in this section a fee of $90.00 if the claim is for more than $1,000.00 and $65.00 if the claim is for $1,000.00 or less. Prior to the entry of any postjudgment motion in a small claims action, there shall be paid to the clerk a fee of $65.00. The fee for every counterclaim in small claims proceedings shall be $35.00, payable to the clerk, if the counterclaim is for more than $500.00, and $25.00 if the counterclaim is for $500.00 or less.

  (2)(A) Except as provided in subdivision (B) of this subdivision (2), fees paid to the clerk pursuant to this subsection (c) shall be divided as follows: 50 percent of the fee shall be for the benefit of the county and 50 percent of the fee shall be for the benefit of the State.

  (B) In a county where court facilities are provided by the State, all fees paid to the clerk pursuant to this subsection (c) shall be for the benefit of the State.

  (d) Prior to the entry of any subsequent pleading that sets forth a claim for relief in the Supreme Court or the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $120.00 for every cross-claim or third-party claim and a fee of $90.00 for every counterclaim in the Superior Court in lieu of all other fees not otherwise set forth in this section. The fee for an appeal of a magistrate’s decision or the appeal of a small claims decision in the Superior Court shall be $120.00. The filing fee for civil suspension proceedings filed pursuant to 23 V.S.A § 1205 shall be $90.00, which shall be taxed in the bill of costs in accordance with sections 1433 and 1471 of this title. This subsection does not apply to filing fees in the Family Division, except with respect to the fee for an appeal of a magistrate’s decision.

  (e) Prior to the filing of any postjudgment motion in the Civil, Criminal, or Environmental Division of the Superior Court, including motions to reopen civil suspensions or motions to reopen existing cases in the Probate Division of the Superior Court, there shall be paid to the clerk of the court for the benefit of the State a fee of $90.00 except for small claims actions, estates, and motions to confirm the sale of property in foreclosure. A filing fee of $90.00 shall be paid to the clerk of the court for a civil petition for minor settlements. The $90.00 filing fee shall only apply for a motion to seal a criminal history record of a violation of 23 V.S.A. § 1201(a) pursuant to 13 V.S.A. § 7602(a)(1)(C), but shall not apply for any other motion to seal or expunge a criminal history record pursuant to 13 V.S.A. § 7602, 33 V.S.A. § 5119(g), or other applicable records clearance provisions.

  (f) The filing fee for all actions filed in the Judicial Bureau shall be $65.00; the State or municipality shall not be required to pay the fee; however, if the respondent denies the allegations on the ticket, the fee shall be taxed in the bill of costs in accordance with sections 1433 and 1471 of this title and shall be paid to the clerk of the Bureau for the benefit of the State.

  (g) Prior to the filing of any postjudgment motion in the Judicial Bureau, there shall be paid to the clerk of the Bureau, for the benefit of the State, a fee of $45.00. Prior to the filing of any appeal from the Judicial Bureau to the Superior Court, there shall be paid to the clerk of the court, for the benefit of the State, a fee of $120.00.

  (h) Pursuant to Vermont Rules of Civil Procedure 3.1 or Vermont Rules of Appellate Procedure 24(a), part or all of the filing fee may be waived if the court finds that the applicant is unable to pay it. The clerk of the court or the clerk’s designee shall establish the in forma pauperis fee in accordance with procedures and guidelines established by administrative order of the Supreme Court. If, during the course of the proceeding and prior to a final judgment, the court determines that the applicant has the ability to pay all or a part of the waived fee, the court shall require that payment be made prior to issuing a final judgment. If the applicant fails to pay the fee within a reasonable time, the court may dismiss the proceeding. (Amended 1967, No. 119, § 3; 1969, No. 125, § 14; 1975, No. 206 (Adj. Sess.), § 2, eff. date; 1985, No. 54, § 2; 1989, No. 221 (Adj. Sess.), § 9; 1995, No. 77 (Adj. Sess.), § 1, eff. March 21, 1996; 1997, No. 121 (Adj. Sess.), § 22; 2003, No. 70 (Adj. Sess.), § 20, eff. March 1, 2004; 2007, No. 153 (Adj. Sess.), § 19; 2009, No. 154 (Adj. Sess.), §§ 203, 203a; 2009, No. 154 (Adj. Sess.), § 203b, eff. Feb. 1, 2011; 2011, No. 92 (Adj. Sess.), § 5a; 2013, No. 67, § 3; 2013, No. 191 (Adj. Sess.), § 23; 2015, No. 57, § 33; 2017, No. 76, § 1; 2019, No. 32, § 10; 2019, No. 70, § 27; 2019, No. 175 (Adj. Sess.), § 25, eff. Oct. 8, 2020; 2021, No. 105 (Adj. Sess.), § 488, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 7, eff. May 31, 2022.)

• § 1432. Repealed. 1989, No. 221 (Adj. Sess.), § 21(b).

• § 1433. Exemption of State from payment of fees

  In judicial proceedings initiated in the name of the State by public officials authorized so to do, the State may not be required to pay the State fees set forth in sections 1431 and 1432 of this title. However, if the State prevails in the proceedings, the fees shall be taxed in the bill of costs under sections 1471 and 1474 of this title. (Added 1961, No. 29, eff. March 17, 1961.)

• § 1434. Probate cases

  (a) The following entry fees shall be paid to the Probate Division of the Superior Court for the benefit of the State, except for subdivisions (18) and (19) of this subsection, which shall be for the benefit of the county in which the fee was collected:

  (1) Estates of $10,000.00 or less $50.00

  (2) Estates of more than $10,000.00 to not more
  than $50,000.00 $110.00

  (3) Estates of more than $50,000.00 to not more
  than $150,000.00 $265.00

  (4) Estates of more than $150,000.00 to not more
  than $500,000.00 $500.00

  (5) Estates of more than $500,000.00 to not more
  than $1,000,000.00 $1,000.00

  (6) Estates of more than $1,000,000.00 to not more
  than $5,000,000.00 $1,750.00

  (7) Estates of more than $5,000,000.00 to not more
  than $10,000,000.00 $2,500.00

  (8) Estates of more than $10,000,000.00 $3,250.00

  (9) For all petitions, other than those described
  in subdivision (11) of this subsection to modify or
  terminate a trust, to remove or substitute a trustee or
  trustees, or seeking remedies for breach of trust:

  (A) Trusts of $10,000.00 or less $50.00

  (B) Trusts of $10,001.00 to not more
  than $50,000.00 $110.00

  (C) Trusts of $50,001.00 to not more
  than $150,000.00 $265.00

  (D) Trusts of $150,001.00 to not more
  than $500,000.00 $500.00

  (E) Trusts of $500,001.00 to not more
  than $1,000,000.00 $1,000.00

  (F) Trusts of $1,000,001.00 to not more
  than $5,000,000.00 $1,750.00

  (G) Trusts of $5,000,001.00 to not more
  than $10,000,000.00 $2,500.00

  (H) Trust of more than $10,000,000.00 $3,250.00

  (10) [Repealed.]

  (11) Annual accounts on trusts $85.00

  (12) Annual accounts on decedents’ estates filed
  for any period ending more than one year following
  the appointment of the administrator or executor $85.00

  (13) Adoptions and relinquishments as
  part of an adoption proceeding $150.00

  (14) Relinquishments, separate from adoptions $100.00

  (15) Guardianships for minors $150.00

  (16) Guardianships for adults $150.00

  (17) Petitions for change of name $150.00

  (18) Filing of a will for safekeeping $30.00

  (19) Filing of subsequent will for safekeeping, same
  Probate Division or transfer to another Probate
  Division $30.00

  (20) Corrections for vital records $40.00

  (21) Orders of authorization pursuant to 18 V.S.A.
  § 5144(a)(2)(C) $50.00

  (22) Conveyances of title to real estate pursuant to 14 V.S.A.
  § 1801, including petitions to clear title and release or
  discharge of mortgage $100.00

  (23) Petitions concerning advance directives pursuant to 18
  V.S.A. § 9718 $100.00

  (24) Civil actions brought pursuant to 18 V.S.A. chapter 107,
  subchapter 3. $100.00

  (25) Petitions for partial decree $105.00

  (26) Petitions for license to sell or convey real estate $100.00

  (27) Petitions for license to sell or convey personal property $100.00

  (28) [Repealed.]

  (29) Motion to reopen estate for newly
  discovered asset fee based on the value
  of the newly discovered
  asset, pursuant to sub-
  divisions (1)-(8) of
  this subsection.

  (30) Affidavit procedure for small estates
  pursuant to Rule 80.3(h) of the
  Vermont Rules of Probate Procedure $50.00

  (31) [Repealed.]

  (32) Petitions to obtain a birth order pursuant to
  15C V.S.A. § 708(a) or § 804(a) $100.00

  (33) Petitions to appeal the State Registrar’s denial
  of an application to amend a birth or death certificate
  pursuant to 18 V.S.A. § 5073(b) $150.00

  (34) Registration of foreign guardianship order $90.00

  (b) Pursuant to Rule 3.1 of the Vermont Rules of Civil Procedure, part of the filing fee may be waived if the court finds the applicant is unable to pay it. The court shall use procedures established in subsection 1431(h) of this title to determine the fee. No fee shall be charged for necessary documents pertaining to the opening of estates, trusts, and guardianships, including the issuance of two certificates of appointment and respective letters. No fee shall be charged for the issuance of two certified copies of adoption decree and two certified copies of instrument changing name.

  (c) A fee of $5.00 shall be paid for each additional certification of appointment of a fiduciary. (Amended 1969, No. 207 (Adj. Sess.), §§ 14-16, eff. March 24, 1970; 1971, No. 105, § 4, eff. July 1, 1971; 1981, No. 33, § 1; 1985, No. 54, § 4; 1989, No. 221 (Adj. Sess.), § 10; 1995, No. 77 (Adj. Sess.), §§ 2, 3, eff. March 21, 1996; 2003, No. 70 (Adj. Sess.), § 21, eff. March 1, 2004; 2005, No. 213 (Adj. Sess.), § 3; 2007, No. 56, § 4; 2007, No. 153 (Adj. Sess.), § 20; 2009, No. 20, § 30; 2009, No. 154 (Adj. Sess.), § 204, eff. February 1, 2011; 2013, No. 67, § 4; 2013, No. 191 (Adj. Sess.), § 24; 2015, No. 57, § 32; 2017, No. 76, § 2; 2017, No. 96 (Adj. Sess.), § 3, eff. April 11, 2018; 2019, No. 70, § 28; 2019, No. 167 (Adj. Sess.), § 21, eff. Oct. 7, 2020; 2021, No. 65, § 8, eff. June 7, 2021.)

• § 1434a. Repealed by its own terms.

• § 1435. Repealed. 1981, No. 33, § 3.

• § 1436. Repealed. 2017, No. 160 (Adj. Sess.), § 5(4).

• Subchapter 003: Taxation of Costs

• § 1471. Taxation of costs

  (a) There shall be taxed in the bill of costs to the recovering party in the Supreme and Superior Courts or the Judicial Bureau a fee equal to the entry fees, the cost of service fees incurred, and the total amount of the certificate of witness fees paid.

  (b) Any costs taxed to the respondent in any action filed by the Office of Child Support shall be paid to the clerk of the court for deposit in the General Fund. (Amended 1973, No. 106, § 11, eff. 30 days from April 25, 1973; 1977, No. 235 (Adj. Sess.), § 9; 1995, No. 77 (Adj. Sess.), § 4, eff. March 21, 1996; 1997, No. 121 (Adj. Sess.), § 24; 2009, No. 154 (Adj. Sess.), § 206.)

• § 1472. Plaintiff’s travel

  In an action in favor of several plaintiffs, fees for their travel shall not be taxed but from that plaintiff’s residence that is nearest the place of trial, unless the others personally attend the trial, in which case the court shall tax such further sum for travel as is equitable.

• § 1473. Repealed. 1969, No. 131, § 36, eff. April 23, 1969.

• § 1474. Repealed. 2009, No. 154 (Adj. Sess.), § 238, effective June 3, 2010.

• § 1475. Repealed. 1969, No. 131, § 36, eff. April 23, 1969.

• § 1476. Repealed. 1977, No. 190 (Adj. Sess.).

• Subchapter 004: Jurors' Fees

• § 1511. Grand and petit jurors in Superior Court

  There shall be allowed to grand and petit jurors in the Superior Court the following fees and expenses:

  (1) for attendance, $30.00 a day, on request, unless the jurors were otherwise compensated by their employer;

  (2) for each talesman, $30.00 a day, on request, unless the talesmen were otherwise compensated by their employer; and

  (3) upon request and upon a showing of hardship, reimbursement for expenses necessarily incurred for travel from home to court, and return, at the rate of reimbursement allowed State employees for travel under the terms of the prevailing collective bargaining agreement. (Amended 1969, No. 294 (Adj. Sess.), § 21, eff. April 9, 1970; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1977, No. 222 (Adj. Sess.), § 22, eff. July 2, 1978; 1987, No. 222 (Adj. Sess.), § 1; 1987, No. 222 (Adj. Sess.), § 1; 1993, No. 24, § 3, eff. May 19, 1993; 2009, No. 154 (Adj. Sess.), § 207.)

• § 1512. When per diem allowed

  Grand and petit jurors shall be allowed per diem pay only for the days when they appear in court.

• § 1513. Excused jurors

  When jurors are excused to a day certain or subject to call, they shall be allowed per diem only for time actually and necessarily spent in going to and returning from their homes and for mileage. The clerk of the court shall record the name of jurors thus excused, and compute their debentures in accordance herewith.

• § 1514. Board and lodging of jurors

  When in a grand jury investigation or in the trial of a criminal or civil cause jurors are kept together by order of the court, their board and lodging and that of the officers having such jurors in charge shall be paid by the State. (Amended 1959, No. 59, eff. March 25, 1959; 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 208.)

• § 1515. Repealed. 1987, No. 222 (Adj. Sess.), § 2.

• §§ 1516, 1517. Repealed. 1977, No. 190 (Adj. Sess.).

• § 1518. Repealed. 2017, No. 93 (Adj. Sess.), § 25.

• § 1519. Repealed. 2017, No. 93 (Adj. Sess.), § 26.

• Subchapter 005: Witness Fees

• § 1551. Attendance fees

  There shall be allowed to witnesses the following fees:

  (1) For attendance before a court or to give a deposition before a notary public, $30.00 a day.

  (2) For attendance before an appraiser appointed by the Commissioner of Taxes, $30.00 a day, such fees to be apportioned as the appraiser may direct.

  (3) For attendance on other courts or tribunals, $30.00 a day.

  (4) For travel in the State, all witnesses shall receive mileage at the rate of reimbursement allowed State employees for travel under the terms of the prevailing collective bargaining agreement. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1969, No. 294 (Adj. Sess.), § 22, eff. April 9, 1970; 1971, No. 185 (Adj. Sess.), § 236(a), (b), eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 94, eff. April 9, 1974; 2003, No. 70 (Adj. Sess.), § 22, eff. March 1, 2004; 2009, No. 154 (Adj. Sess.), § 210.)

• § 1552. Criminal causes

  Unless otherwise provided, witnesses in attendance before the grand jury or any court in criminal causes shall be allowed the sum of $10.00 per day for the days on which they attend, together with $0.08 a mile each way for each day of such attendance. The witness fee shall be paid by the party who calls the witness. (Amended 1969, No. 294 (Adj. Sess.), § 23, eff. April 9, 1970; 1991, No. 245 (Adj. Sess.), § 94(c).)

• § 1553. Witness certificates for bill of costs

  A party who produces a witness in Superior Court shall procure a certificate signed and sworn to by such witness, specifying the number of miles from his or her usual place of abode to the place of trial, and the number of days he or she attended as a witness, before the travel and attendance of the witness shall be allowed such party in his or her bill of costs. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• §§ 1554, 1555. Repealed. 1991, No. 245 (Adj. Sess.), § 94(b)(3).

• § 1556. Witnesses before General Assembly

  A committee of either House or a committee, board, or commission appointed pursuant to an act or joint resolution of the General Assembly, when so authorized, may summon witnesses to appear before it and call for the production of persons and papers. The Sergeant at Arms shall require under oath from each witness a voucher giving the miles travelled and the days he or she attends. Such witnesses and the officer summoning them shall receive the same fees as in Superior Court. A member of the General Assembly shall not receive such fees during a session thereof. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 1557. Payment

  When the Commissioner of Finance and Management receives such subpoenas and witness vouchers, he or she shall issue his or her warrant for such sum as he or she finds due to the Sergeant at Arms. (Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1983, No. 195 (Adj. Sess.), § 5(b).)

• § 1558. Repealed. 2010, No. 154 (Adj; Sess.), § 238, effective February 1, 2011.

• § 1559. Compensation of law enforcement officers for attendance at proceedings

  (a) No full time State Police officer, municipal police officer, game warden, or other State employee shall be paid or accept any compensation as a witness in any civil or criminal proceeding to which the State is a party.

  (b) In any civil proceeding in the State in which a full time State Police officer, municipal police officer, game warden, or other State employee is subpoenaed as a witness either because of his or her expert knowledge with regard to his or her employment area or because of his or her past official actions, the fees due him or her as a witness shall be paid by the party summoning the witness to the clerk of the court to be paid to the State, the county, or the municipality, depending upon which governmental unit employs the individual.

  (c) These persons shall be compensated for such attendance by their employer according to the terms of their employment. (Added 1969, No. 294 (Adj. Sess.), § 24, eff. April 9, 1970; amended 1983, No. 106 (Adj. Sess.).)

• Subchapter 006: Sheriffs and Other Officers

• § 1591. Sheriffs and other officers

  There shall be paid to sheriffs’ departments and constables in civil causes and to sheriffs, deputy sheriffs, and constables for the transportation and care of prisoners, juveniles, and patients with a mental condition or psychiatric disability the following fees:

  (1) Civil process:

  (A) For serving each process, the fees shall be as follows:

  (i) $10.00 for each reading or copy in which the officer is directed to make an arrest;

  (ii) $75.00 upon presentation of each return of service for the service of papers relating to divorce, annulments, separations, or support complaints;

  (iii) $75.00 upon presentation of each return of service for the service of papers relating to civil suits except as provided in subdivision (vii) of this subdivision (1)(A);

  (iv) $75.00 upon presentation of each return of service for the service of a subpoena and shall be limited to that one fee for each return of service;

  (v) for each arrest, $15.00;

  (vi) for taking bail, $15.00;

  (vii) on levy of execution or order of foreclosure: for each mile of actual travel in making a demand, sale, or adjournment, the rate allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees’ Association, Inc.; for making demand, $15.00 for posting notices, $15.00 each, and the rate per mile allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees’ Association, Inc. for each mile of necessary travel; for notice of continuance, $15.00;

  (viii) for sale on each execution, or order of foreclosure amounting to $350.00, or under, 10 percent thereof, with a minimum fee of $35.00 and up to an additional two percent on amounts exceeding $350.00; for each deed of land sold on execution or order of foreclosure, $100.00; for return on execution or report of sale on foreclosure, $15.00, and the additional amount required to be paid the town clerk; be allowed reasonable attorney’s fees of drawing the deed of sale to the purchaser and for drawing the Vermont property tax return form connected therewith, and shall be allowed the fees and recording costs in connection with the procuring and recording of any necessary certified copies, orders, certificates, and reports of sale connected with the execution or foreclosure sales; and

  (ix) for securing property attached on mesne process, a sheriff or other officer shall be allowed a reasonable sum as fees, subject to the provision and allowance of the court.

  (B) For each mile of actual travel in the necessary performance of duty in civil matters, the rate allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees’ Association, Inc.

  (C) All civil process to be served by a sheriff or deputy sheriff shall be directed to their respective sheriff’s department for service. The sheriff shall assign civil process to personnel within the department to ensure that process is completed in a timely and orderly manner. All payments for service of civil process shall be made to the sheriff’s department. A sheriff or deputy sheriff shall not be entitled to fees paid for service of process nor shall a sheriff receive fees or payment in lieu of fees for civil process, except payment for actual and necessary expenses. A sheriff may appoint deputy sheriffs and establish compensation for service of civil process.

  (D) The Executive Director of the Department of State’s Attorneys and Sheriffs shall develop a uniform reporting system to reflect:

  (i) civil process received by a sheriff’s department;

  (ii) payments made to a sheriff’s department for service, including fees and reimbursements;

  (iii) payments made by the sheriff’s department to deputy sheriffs for serving process; and

  (iv) disbursements for other necessary expenses.

  (E) Quarterly, 15 percent of the gross civil process fees received by a sheriff’s department or constable during that quarter shall be forwarded to the State Treasurer for deposit in the State’s General Fund.

  (2) For the transportation and care of prisoners, juveniles, and patients with a mental condition or psychiatric disability:

  (A) For necessary assistance in arresting or transporting prisoners, juveniles, or persons with mental illness, the State’s Attorneys and Sheriffs Executive Director shall annually set the per hour chargeable rate for each deputy sheriff or assistant so required to assist in the transport. The Executive Director shall consult with the Sheriffs Association before setting the per hour chargeable rate. The sheriff shall provide the documentation required by the Department. The deputy sheriff or assistant shall not receive compensation under this subdivision if otherwise compensated from any other funding source for the same hours during which such transportation is performed.

  (B) For board and keeping, such sum as is actually expended shall be allowed for each prisoner when in charge of an officer who cannot reasonably place the prisoner in a jail or lockup for safekeeping.

  (C) For each mile of actual travel, for transporting prisoners, juveniles, and patients with a mental condition or psychiatric disability:

  (i) $0.05 more per mile than the rate allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees’ Association, Inc.; or

  (ii) $0.20 more per mile than the rate allowed State employees under the terms of the prevailing contract between the State and the Vermont State Employees’ Association, Inc. when four or more prisoners, juveniles, or patients receiving mental health services are transported in a single vehicle designed to carry six or more passengers in addition to the driver.

  (D) The amount actually awarded under chapter 13, subchapter 2 of this title in a small claims proceeding pursuant to 12 V.S.A. chapter 187 for which the law enforcement personnel or agency have not otherwise been compensated from insurance or other source for damages caused to a law enforcement agency’s vehicle or to a law enforcement officer’s personal vehicle by a prisoner, juvenile, or mental health patient while being transported by the officer in the performance of the officer’s duty. (Amended 1973, No. 117, §§ 11, 17; 1973, No. 266 (Adj. Sess.), § 7; 1977, No. 218 (Adj. Sess.), § 7; 1977, No. 222 (Adj. Sess.), § 11, eff. July 2, 1978; 1979, No. 141 (Adj. Sess.), § 18; 1981, No. 91, § 11, eff. July 5, 1981; 1981, No. 249 (Adj. Sess.), § 21; 1983, No. 243 (Adj. Sess.), § 11; 1985, No. 225 (Adj. Sess.), § 12; 1987, No. 121, § 9; 1987, No. 183 (Adj. Sess.), §§ 13a, 14; 1989, No. 277 (Adj. Sess.), § 18a; 1995, No. 31, § 1; 1997, No. 28, § 8, eff. May 15, 1997; 1999, No. 62, § 56a; 2003, No. 70 (Adj. Sess.), § 24, eff. March 1, 2004; 2005, No. 72, § 4; 2007, No. 153 (Adj. Sess.), § 5; 2013, No. 50, § E.207; 2013, No. 96 (Adj. Sess.), § 195; 2021, No. 105 (Adj. Sess.), § 489, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 35, eff. May 31, 2022; 2021, No. 185 (Adj. Sess.), § E.205.1, eff. July 1, 2022; 2023, No. 46, § 16, eff. June 5, 2023.)

• § 1592. Repealed. 1993, No. 227 (Adj. Sess.), § 21.

• § 1593. Service outside the State

  An officer required to serve a requisition or execute process outside the State shall receive $3.00 a day and necessary expenses. (Amended 2021, No. 105 (Adj. Sess.), § 490, eff. July 1, 2022.)

• § 1594. Repealed. 1991, No. 257 (Adj. Sess.), § 9.

• § 1595. Mileage in criminal causes

  In criminal causes, the officer shall make oath to the mileage in excess of one mile charged by him or her as correct before an account thereof is allowed, and the Commissioner of Finance and Management shall not allow for travel in excess of one mile unless actually made, and mileage shall cover transportation when furnished in executing the order of a court for commitment to jail. (Amended 1959, No. 328 (Adj. Sess.), § 8; 1983, No. 195 (Adj. Sess.), § 5(b).)

• § 1596. Fees forbidden

  Fees shall not be allowed to an officer for the service of a capias, bench warrant, or other writ for the arrest of a person who is under a recognizance taken before an officer authorized by law to take such recognizance, requiring the appearance of such person before the Superior Court. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 96, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 211.)

• § 1597. Returns

  All officers serving criminal process shall make return with bill of fees thereon. (Amended 1969, No. 131, § 21, eff. April 23, 1969.)

• Subchapter 007: Trustees, Appraisers, Election Officers, and Jailers

• § 1631. Trustees’ fees

  The person summoned as trustee shall be allowed $0.06 a mile for his or her travel and $1.50 for each day’s attendance before the Superior Court; the same for travel and $0.75 for each day’s attendance before a commissioner. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974, No. 249 (Adj. Sess.), § 97, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 212.)

• § 1632. Costs allowed trustee

  When costs are allowed to a trustee in a cause tried by a commissioner, such sum shall be allowed for the travel and attendance of witnesses and for his or her counsel before the commissioner, as in case of witnesses and counsel before a master.

• § 1633. Appraisers of attached or replevied property

  The fees of persons appointed to appraise personal property attached, or to be replevied, shall be at the rate of $0.20 for each hour actually spent in such appraisal.

• § 1634. Repealed. 2021, No. 105 (Adj. Sess.), § 491, eff. July 1, 2022.

  (Repealed by 2021, No. 105 (Adj. Sess.), § 491, eff. July 1, 2022.)

• § 1635. Repealed. 1959, No. 328 (Adj. Sess.), § 35(j).

• § 1636. Repealed. 1967, No. 345 (Adj. Sess.), § 32, eff. April 1, 1969.

• § 1637. Commissioners of jail delivery

  (a) The fees of commissioners of jail delivery shall be as follows:

  (1) for each citation, $0.34;

  (2) for two certificates to a person admitted to the poor debtor’s oath, $0.25; and

  (3) for attending a court of jail delivery, $2.00 a day to each commissioner who attends, and for travel, $0.10 a mile one way.

  (b) The fees of the commissioners shall be allowed by the Commissioner of Finance and Management and paid by the State. (Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1983, No. 195 (Adj. Sess.), § 5(b).)

• Subchapter 008: Town Officers

• § 1671. Town clerk

  (a) For the purposes of this section, a “page” is defined as a single side of a leaf of paper on which is printed, written, or otherwise placed information to be recorded or filed. The maximum covered area on a page shall be 7 1/2 inches by 14 inches. All letters shall be at least one-sixteenth inch in height or in at least eight-point type. Unless otherwise provided by law, the fees to town clerks shall be as follows:

  (1) For recording a trust mortgage deed as provided in 24 V.S.A. § 1155, $15.00 per page.

  (2) For filing or recording a copy of a complaint to foreclose a mortgage as provided in 12 V.S.A. § 4932(b), $15.00 per page.

  (3) For examination of records by town clerk, a fee of $5.00 per hour may be charged but not more than $25.00 for each examination on any one calendar day.

  (4) For examination of records by others, a fee of $4.00 per hour may be charged.

  (5) Town clerks may require fees for all filing, recording, and copying to be paid in advance.

  (6) For the recording or filing, or both, of any document that is to become a matter of public record in the town clerk’s office, a fee of $15.00 per page shall be charged; for any certified copy of such document, a fee of $10.00 per page shall be charged; for the recording or filing, or both, of a property transfer return, a fee of $15.00 shall be charged.

  (7) For uncertified copies of records and documents on file, or recorded, a fee of $1.00 per page shall be charged, with a minimum fee of $2.00; however, copies of minutes of municipal meetings or meetings of local boards and commissions, copies of grand lists and checklists, and copies of any public records that any agency of that political subdivision has deposited with the clerk shall be available to the public at actual cost.

  (8) For survey plats filed in accordance with 27 V.S.A. chapter 17, a fee of $25.00 per 11 inch by 17 inch sheet, $25.00 per 18 inch by 24 inch sheet, and $25.00 per 24 inch by 36 inch sheet shall be charged.

  (b) A schedule of all fees shall be posted in the town clerk’s office.

  (c)(1) The legislative body shall create a Restoration and Preservation Reserve Fund of not less than $4.00 per page from the per page recording fees established under this section.

  (2) The Restoration and Preservation Reserve Fund shall be used solely for restoration, preservation, digitization, storage, and conservation of municipal records.

  (3) Notwithstanding subdivision (1) of this subsection, a municipality may allocate less than $4.00 per page from recording fees if the clerk of the municipality annually certifies that the municipality has sufficient dedicated reserve funds to provide for the uses described in subdivision (2) of this subsection. On or before the third Monday of each year, the clerk shall submit a copy of the certification to the House Committee on Government Relations and Military Affairs.

  (d) Nothing in this section shall preclude a municipality from committing funds to a Restoration and Preservation Reserve Fund in addition to those funds in subsection (c) of this section.

  (e) Unspent funds in the Restoration and Preservation Reserve Fund shall carry over to subsequent fiscal years and shall be available as needed for the purposes described in subsection (c) of this section.

  (f) When more than one previously recorded instrument is affected by the terms of a new instrument submitted for recording, the per page fee established in this section shall be assessed for each document affected by the terms of the new instrument. (Amended 1959, No. 171, §§ 1-9; 1965, No. 128; 1967, No. 146, § 2, eff. Jan. 1, 1968; 1969, No. 40, § 3, eff. April 4, 1969; 1971, No. 84, § 14; 1979, No. 161 (Adj. Sess.), § 13; 1981, No. 190 (Adj. Sess.), § 1, eff. April 22, 1982; 1985, No. 204 (Adj. Sess.), § 1; 1993, No. 170 (Adj. Sess.), § 13; 1993, No. 171 (Adj. Sess.), § 17; 1995, 1993, No. 109 (Adj. Sess.), § 1; 1993, No. 159 (Adj. Sess.), § 4; 1997, No. 59, § 89a, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 66a; 1999, No. 155 (Adj. Sess.), § 12b; 2007, No. 76, § 33f; 2007, No. 121 (Adj. Sess.), § 29; 2009, No. 47, § 13; 2009, No. 3 (Sp. Sess.), § 22c, eff. June 1, 2009; 2019, No. 38, § 2; 2021, No. 105 (Adj. Sess.), § 492, eff. July 1, 2022.)

• § 1672. Town treasurer’s fee for receiving taxes

  Town treasurers shall be allowed one percent on all sums paid by the taxpayers to them, computed on actual cash receipts after deduction of discounts taken, unless the town by vote fixes their compensation otherwise. (Amended 1959, No. 171, § 10.)

• § 1673. Repealed. 1979, No. 177 (Adj. Sess.), § 3.

• § 1674. Delinquent tax commission and collection costs

  The fees and penalties collected by collectors of taxes shall be as follows:

  (1) Where a municipality does not vote to collect its taxes by its treasurer, the collector shall not tax or collect of the taxpayer any commission or fees on taxes paid within the time established in the notice required by section 4772 of this title.

  (2) On all taxes collected after the expiration of the time established in the notice required by section 4772 or 4792 of this title, the collector may charge and collect from the taxpayer a commission of eight percent on the amount of the tax, unless a municipality votes otherwise pursuant to subdivision (3) of this section.

  (3) For all taxes collected after the expiration of the time established in the notice required by section 4772 or 4792 of this title, voters of a municipality may adopt by a majority vote of the municipality’s members present and voting at an annual or special meeting:

  (A) The percent of the amount of the tax collected that shall be charged as a commission, provided that the adopted percent does not exceed eight percent.

  (B) A grace period or graduated commission schedule for taxes paid within a defined time frame after the established time of payment.

  (4) Whenever it is necessary to levy on persons or personal estate, the collector shall be allowed to tax and collect from the taxpayer, as further compensation, such fees as sheriffs are allowed for levying executions. (Amended 1993, No. 68, § 1; 1997, No. 26, § 1; 2003, No. 100 (Adj. Sess.), § 1.)

• § 1675. Fence viewers

  Fence viewers shall receive $6.00 for each day’s service. At the time of performing such service, they shall adjudge the proportion of their fees and expenses to be paid by the parties interested. Any of such parties paying the same may recover of each other party the portion so adjudged to be paid by him or her, with full costs, in a civil action under this section. (Amended 1971, No. 185 (Adj. Sess.), § 236(d), eff. March 29, 1972.)

• § 1676. Inspector of lumber, shingles, and wood

  The fees of an inspector of lumber, shingles, and wood shall be $0.04 a cord for the first ten cords and $0.01 for each additional cord, and $0.25 for each 1,000 feet of lumber, to be paid by the person applying for the measurement.

• § 1677. Weigher of coal

  The fees of a weigher of coal shall be $0.10 for the first ton and $0.04 for each additional ton, to be paid by the person applying for the weighing.

• § 1678. Impounders and poundkeepers

  Impounders and poundkeepers shall receive the following fees: for all horse kind and neat cattle, $0.12 a head; for sheep, $0.02 a head; for swine, $0.08 a head; three-fourths to the impounder and one-fourth to the poundkeeper.

• § 1679. Persons taking up estrays

  A person taking up an estray shall receive for notifying the town clerk, $0.25 and for each advertisement posted, $0.25.

• § 1680. Tree warden

  When a town or incorporated village fails to fix the compensation of a tree warden or his or her deputies, they shall receive such compensation as the selectboard or trustees determine.

• § 1681. Building inspector

  A building inspector shall receive such compensation for his or her services as the board of alders, selectboard, or trustees determine, payable as the salary of other municipal officials.

• Subchapter 009: Vital Registration

• § 1711. County clerks

  County clerks shall receive the same fees as town clerks in the matter of vital registrations.

• [Section 1712 effective until July 1, 2025; see also section 1712 effective July 1, 2025 set out below.]

  § 1712. Town clerks

  Town clerks shall receive the following fees for issuing marriage licenses and vital event certificates:

  (1) For issuing and recording a civil marriage license, $80.00 to be paid by the applicant, $15.00 of which sum shall be retained by the town clerk as a fee, $50.00 of which shall be deposited in the Domestic and Sexual Violence Special Fund created by 13 V.S.A. § 5360, and $15.00 of which sum shall be paid by the town clerk to the State Treasurer in a return filed quarterly upon forms furnished by the State Treasurer and specifying all fees received by the town clerk during the quarter. Such quarterly period shall be as of the first day of January, April, July, and October.

  (2)-(4) [Repealed.]

  (5) Fees for vital event certificates shall be charged as specified in 18 V.S.A. § 5017. (Amended 1959, No. 171, §§ 11-14; 1971, No. 84, § 15; 1979, No. 142 (Adj. Sess.), § 19; 1981, No. 123 (Adj. Sess.), § 1; 1985, No. 204 (Adj. Sess.), § 2; 1993, No. 170 (Adj. Sess.), § 14; 1997, No. 59, § 8a, eff. June 30, 1997; 1999, No. 91 (Adj. Sess.), § 19; 2001, No. 65, § 32c; 2005, No. 202 (Adj. Sess.), § 9a; 2007, No. 76, § 33e, eff. June 7, 2007; 2007, No. 174 (Adj. Sess.), § 21; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 91 (Adj. Sess.), § 14, eff. May 6, 2010; 2011, No. 162 (Adj. Sess.), § E.220.3; 2015, No. 149 (Adj. Sess.), § 35; 2017, No. 46, § 61, eff. July 1, 2019; 2017, No. 113 (Adj. Sess.), § 186; 2023, No. 19, § 4, eff. July 1, 2023.)

• [Section 1712 effective July 1, 2025; see also section 1712 effective until July 1, 2025 set out above.]

  § 1712. Town clerks

  Town clerks shall receive the following fees for issuing marriage licenses and vital event certificates:

  (1) For issuing and recording a civil marriage license, $60.00 to be paid by the applicant, $10.00 of which sum shall be retained by the town clerk as a fee, $35.00 of which shall be deposited in the Domestic and Sexual Violence Special Fund created by 13 V.S.A. § 5360, and $15.00 of which sum shall be paid by the town clerk to the State Treasurer in a return filed quarterly upon forms furnished by the State Treasurer and specifying all fees received by the town clerk during the quarter. Such quarterly period shall be as of the first day of January, April, July, and October.

  (2)-(4) [Repealed.]

  (5) Fees for vital event certificates shall be charged as specified in 18 V.S.A. § 5017. (Amended 1959, No. 171, §§ 11-14; 1971, No. 84, § 15; 1979, No. 142 (Adj. Sess.), § 19; 1981, No. 123 (Adj. Sess.), § 1; 1985, No. 204 (Adj. Sess.), § 2; 1993, No. 170 (Adj. Sess.), § 14; 1997, No. 59, § 8a, eff. June 30, 1997; 1999, No. 91 (Adj. Sess.), § 19; 2001, No. 65, § 32c; 2005, No. 202 (Adj. Sess.), § 9a; 2007, No. 76, § 33e, eff. June 7, 2007; 2007, No. 174 (Adj. Sess.), § 21; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 91 (Adj. Sess.), § 14, eff. May 6, 2010; 2011, No. 162 (Adj. Sess.), § E.220.3; 2015, No. 149 (Adj. Sess.), § 35; 2017, No. 46, § 61, eff. July 1, 2019; 2017, No. 113 (Adj. Sess.), § 186; 2023, No. 19, § 4, eff. July 1, 2023; 2023, No. 19, § 5, eff. July 1, 2025.)

• § 1713. Repealed. 1975, No. 16, § 1, eff. March 21, 1975.

• § 1714. Burial certificates

  Persons issuing certificates giving permission to bury a dead body shall receive $5.00 for each permit to be paid by the applicant. Persons issuing certificates giving permission to entomb or move a dead body that has already been issued a certificate giving permission to bury shall receive $1.00 to be paid by the applicant. (Amended 1963, No. 102, § 7, eff. May 22, 1963; 1999, No. 49, § 225.)

• § 1715. Vital records search; copies search

  (a) Upon payment of the fee established under 18 V.S.A. § 5017, the Office of Vital Records or the Vermont State Archives and Records Administration shall provide a certified copy of a vital event certificate, or shall ascertain and certify what the vital event certificate shows, except that the word “illegitimate” shall be redacted from any birth certificate furnished. The fee for the search of the vital records is $3.00, which is credited toward the fee for the first certified copy based upon the search.

  (b) Fees collected under this section shall be credited to special funds established and managed pursuant to chapter 7, subchapter 5 of this title, and shall be available to the charging departments to offset the costs of providing those services. (Added 1967, No. 278 (Adj. Sess.), § 26; amended 1975, No. 8, § 2; 1979, No. 56, § 11; 1975, No. 142 (Adj. Sess.), § 20; 1985, No. 224 (Adj. Sess.), § 4; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 1997, No. 59, § 8, eff. June 30, 1997; 2001, No. 143 (Adj. Sess.), § 63, eff. June 21, 2002; 2003, No. 163 (Adj. Sess.), § 9a; 2007, No. 76, § 21; 2007, No. 153 (Adj. Sess.), § 27; 2011, No. 3, § 93, eff. Feb. 17, 2011; 2017, No. 46, § 62, eff. July 1, 2019.)

• Subchapter 010: Miscellaneous Fees

• § 1751. Fees when not otherwise provided

  (a)(1) Officers and persons whose duty it is to record deeds, proceedings, depositions, or make copies of records, proceedings, docket entries, or minutes in their offices, when no other provision is made, shall be allowed:

  (A) the sum of $0.60 a folio with a minimum fee of $1.00;

  (B) the sum of $2.00 for each official certificate;

  (C) for the authentication of documents, $2.00; and

  (D) for other services, the sum as is in proportion to the fees established by law.

  (2) Provided, however, that no fees shall be charged to honorably discharged veterans of the U.S. Armed Forces, or to their dependents or beneficiaries, for copies of records required in the prosecution of any claim for benefits from the U.S. government, or any State agency, and fees for copies of records so furnished at the rates provided by law shall be paid the officers by the town or city in which the record is maintained.

  (b)(1) Whenever court officers and employees or officers and employees of the Judicial Bureau furnish copies or certified copies of records, the following fees shall be collected for the benefit of the State:

  (A) the sum of $0.60 a folio with a minimum fee of $1.00 when a copy is reproduced by typewriter or hand;

  (B) the sum of $0.25 a page with a minimum fee of $1.00 when a copy is reproduced photographically;

  (C) for each official certificate, $5.00; however, one conformed copy of any document issued by a court shall be furnished without charge to a party of record to the action;

  (D) for the authentication of documents, $5.00;

  (E) for a response to a request for a record of criminal history of a person based upon name and date of birth, $30.00;

  (F) for appointment as an acting judge pursuant to 4 V.S.A § 22(b) for the purpose of performing a civil marriage, $100.00; and

  (G) for exemplified certificates, $10.00.

  (2) However, the fees provided for in this subsection shall not be assessed by these officers and employees in furnishing copies or certified copies of records to any agency of any municipality, State, or federal government or to veterans honorably discharged from the Armed Forces of the United States, their dependents, or beneficiaries, in the prosecution of any claim for benefits from the U.S. government, or any State agency. (Amended 1959, No. 171, § 16; 1963, No. 37, § 20; 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 105, § 5, eff. July 1, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 266 (Adj. Sess.), § 9, eff. July 1, 1974; 1981, No. 33, § 2; 1995, No. 77 (Adj. Sess.), § 5, eff. March 21, 1996; 1997, No. 121 (Adj. Sess.), § 25; 2003, No. 70 (Adj. Sess.), § 23, eff. March 1, 2004; 2003, No. 163 (Adj. Sess.), § 32; 2007, No. 153 (Adj. Sess.), § 21; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 154 (Adj. Sess.), § 213; 2017, No. 76, § 3; 2021, No. 105 (Adj. Sess.), § 493, eff. July 1, 2022.)

• § 1752. Tax appeals

  If under the provisions of section 4467 of this title the Director of the Division of Property Valuation and Review or the court reduces the appraisal value of the taxpayer’s property by more than 20 percent of the appraisal value, then the appeal fee shall be returned to the taxpayer. (Amended 1959, No. 158, § 4, eff. May 5, 1959; 1969, No. 253 (Adj. Sess.), § 2; 1997, No. 59, § 14, eff. June 30, 1997.)

• § 1753. Inquests

  The fees and expenses of inquests on the dead and buildings burned shall be the same as in criminal causes before a court. (Amended 1973, No. 249 (Adj. Sess.), § 98, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 214.)

• § 1754. Entry and detainer

  On trial for entry and detainer, there shall be allowed $0.50 each warrant, $1.00 to each of the justices, $2.00 to the party recovering, and $1.00 to each juror.

• § 1755. Travel expenses in causes tried before auditors, etc

  A party finally recovering in an action tried by an auditor, referee, or commissioner shall recover $0.06 a mile for his or her travel in this State and $0.75 a day for his or her attendance at the hearing.

• §§ 1756, 1757. Repealed. 1977, No. 190 (Adj. Sess.).

• § 1758. Masters, auditors, referees, and commissioners

  (a) Unless otherwise provided, the pay and the expense allowance for commissioners, masters, auditors, and referees shall be fixed by the court or by the presiding judge thereof and paid by the State.

  (b) The Superior Court may order that the cost of a master be shared by the parties, with the shares specified in the order, if:

  (1) the distribution of property is contested and governed by 15 V.S.A. § 751 and the value of the property to be distributed exceeds $500,000.00; or

  (2) one or both parties seek an award of maintenance under 15 V.S.A. § 752 and the parties have non-wage income of $150,000.00 or more, excluding up to $500,000.00 of income from the sale of a primary residence or jointly owned business. (Amended 1971, No. 185 (Adj. Sess.), § 236(a), (b), eff. March 29, 1972; 2015, No. 58, § E.204.10.)

• § 1759. Repealed. 2017, No. 160 (Adj. Sess.), § 5(5).

• § 1760. Fees of county clerks for index of deeds and index of records

  The county clerks shall receive from the county, for making the general index of existing land records under 27 V.S.A. § 401, $1.00 for each 100 entries upon such index; and for making an index as provided in 4 V.S.A. § 656, such sum as the assistant judges certify to be reasonable, to be allowed by the Commissioner of Finance and Management in the accounts of the clerks. (Amended 1959, No. 328 (Adj. Sess.), § 8; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b); 2009, No. 154 (Adj. Sess.), § 215.)

• § 1761. Supervisors of unorganized towns and gores

  A supervisor of unorganized towns and gores shall receive in addition to his or her per diem the following fees:

  (1) for collecting taxes, he or she shall receive five percent of the amount collected by him or her;

  (2) upon the sale of lands of nonresidents, he or she shall receive the same fees as the collector of town taxes in like cases; and

  (3) in the performance of his or her duties relating to dogs, he or she shall receive the same fees as town clerks.

• § 1762. Miscellaneous fees

  The Secretary of State shall fix and alter fees for copies, statements, filing, and other services where the amount of the fee is not otherwise fixed by law. (Added 1967, No. 278 (Adj. Sess.), § 28, eff. July 1, 1968.)

• § 1763. Stenographic services; transcripts

  An agency, department, board, or commission may retain the services of stenographic reporters to furnish verbatim and certified transcripts of evidence of proceedings before it, including quasi-judicial proceedings. (Added 1987, No. 120, § 1; amended 1995, No. 178 (Adj. Sess.), § 418, eff. May 22, 1996.)