§ 5531. Rules governing procedure (a) The Supreme Court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such Court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which they have jurisdiction, […]
§ 5532. Pleadings; fees Procedure in the Superior Court shall be instituted without writ or pleading other than a concise statement on a form provided by the clerk who shall file the complaint in a docket kept for that purpose. (Amended 1965, No. 194, § 8, eff. July 1, 1965, operative Feb. 1, 1967; 1967, […]
§ 5533. Other procedure (a) The plaintiff shall supply to the clerk the following information: (1) the plaintiff’s name, residence address, and telephone number; (2) defendant’s name and place of residence, place of business or employment; and (3) the nature and amount of the plaintiff’s claim, giving dates and other relevant information. (b) The clerk […]
§ 5534. Attachment; forms In causes begun under the procedure, on application, the court may issue, for cause shown, writs of attachment of property and trustee process as in other civil actions. Necessary dockets and forms shall be prepared at the expense of the State. (Amended 1971, No. 185 (Adj. Sess.), § 168, eff. March […]
§ 5535. Jury trial A plaintiff beginning a cause under the procedure waives a jury trial. The defendant may have a hearing before the court under the procedure. He or she may, prior to the day upon which he or she is notified to appear, file with the court where the cause is pending a […]
§ 5536. Representation Any person, corporation, or other legal entity shall be entitled but not required to be represented by an attorney in small claims court. (Added 1977, No. 161 (Adj. Sess.), § 5.)
§ 5537. Payment of judgments (a) On request of a judgment creditor whose judgment under this chapter has remained unsatisfied for 30 days, the court shall order the judgment debtor to appear before it and to disclose information relating to his or her ability to pay the judgment in full. (b) Following disclosure under subsection […]
§ 5538. Appeals Any party may appeal from a small claims judgment to Superior Court. The Chief Superior Judge shall assign the appeal to a Superior judge who shall not have participated in any way in the decision being appealed. The appeal shall be heard and decided, based on the record made in the small […]
§ 5540a. Jurisdiction over small claims; assistant judges (a)(1) Subject to the limitations in this section and notwithstanding any provision of law to the contrary, assistant judges of Essex, Caledonia, Rutland, and Bennington Counties sitting alone shall hear and decide small claims actions filed under this chapter with the Essex, Caledonia, Rutland, and Bennington Superior […]
§ 5541. Composition of court in small claims cases For the purposes of this chapter, the Superior Court in small claims cases shall consist of the presiding judge sitting alone, an assistant judge sitting alone pursuant to section 5540 of this chapter, or an acting judge assigned pursuant to 4 V.S.A. § 22(b). (Added 1995, […]
