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Rule 78 – Motion Day

May 14, 2021 | Civil Procedure, Vermont

(a)Motion Days To Be Established. Unless local conditions make it impracticable, the Presiding Judge of each superior court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the court at any time or place and on such notice, if any, as it considers reasonable may make orders for the advancement, conduct, and hearing of actions.
(b)Disposition of Written Motions With or Without Hearing.

(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. If a memorandum in opposition is not timely filed when required under this rule, the court may dispose of the motion without argument. Any party may file a reply to a memorandum in opposition within 14 days after service of the memorandum. Any request for an opportunity to present evidence pursuant to paragraph (2) of this subdivision shall be submitted with the memorandum in opposition or reply.
(2)Evidence; Hearings. An opportunity to present evidence shall be provided, if requested, unless the court finds there to be no genuine issue as to any material fact. The request for an opportunity to present evidence shall include a statement of the evidence which the party wishes to offer. In any case, the court may decline to hear oral argument and may dispose of the motion without argument. If the motion is heard, the court may award terms and costs to the prevailing party if the court finds that the grounds for filing or opposing the motion were frivolous.

Vt. R. Civ. P. 78

Amended Oct. 30, 1979, eff. Dec. 3, 1979; Dec. 14, 1989, eff. March 1, 1990; June 28, 2001, eff. Sept. 1, 2001; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 78(b)(1) is amended to change its 15- and 10-day time periods to 14 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.