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Rule 47 – Motions

May 14, 2021 | Criminal Procedure, Vermont

(a)Motions. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state the grounds therefor, including a concise statement of the facts and law relied on, and shall set forth the relief or order sought. It may be supported by affidavit.
(b)Disposition of Written Motions With or Without Argument.

(1)Memorandum in Opposition. Any party opposed to the granting of a written motion shall file a memorandum in opposition thereto, not more than 14 days after service of the motion, unless otherwise ordered by the court. The memorandum may be accompanied by affidavit. If a memorandum in opposition is not timely filed when required under this rule, the court may dispose of the motion without the memorandum.
(2)Oral Argument in the Discretion of the Court. Unless otherwise required by these rules, oral argument shall be deemed waived unless requested by an interested party or required by the court. In any case, the court may dispose of the motion without argument.
(c)Findings. When factual issues are involved in determining a motion, the court shall state its essential findings on the record.

Vt. R. Crim. P. 47

Amended Dec. 19, 1973, eff. Jan. 1, 1974; Dec. 8, 1981, eff. March 1, 1982; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018

Amendment Rule 47(b)(1) is amended to conform its 10-day time period to the contemporaneously amendment of V.R.Cr.P. 45, which adopts the “day is a day” standard for the computation of the running of time periods in criminal cases.