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Rule 80.9 – Procedures in the Superior Court, Criminal Division, for Enforcement of Municipal Parking Violations

May 14, 2021 | Civil Procedure, Vermont

(a)Applicability of Rules. This rule applies to civil actions in the Criminal Division of the Superior Court for the enforcement of municipal parking violations as provided in 4 V.S.A. § 32(c)(11) and 24 V.S.A. §1974a(e).
(b)Summons; Complaint; Answer.

(1) An action under this rule is commenced by filing with the Criminal Division or serving upon the defendant a summons and complaint in a form approved by the Supreme Court and distributed by the Court Administrator. If the action is commenced by filing, the complaint shall be served upon the defendant within 30 days. If the action is commenced by service, the complaint shall be filed within 30 days.
(2) The summons and complaint shall be signed by the municipal attorney or the municipal officer responsible for conducting the procedure established by the municipality for contesting parking violations. The complaint shall set forth that the municipality has established such a procedure and that the defendant has exhausted the procedure provided and has not paid the fine assessed for the violation. The summons and complaint shall be served by delivery to the defendant in person or by first class mail to the address provided by the defendant in the municipal administrative proceeding.
(3) The defendant shall file an answer with the Criminal Division and serve it upon the municipality within 21 days after service of the summons and complaint.
(c) Further Proceedings in the Criminal Division. The provisions of Rules 80.6(d)-(h) of these rules apply to actions under this rule, substituting “Criminal Division” or “court” for “Judicial Bureau” or “bureau,” “Superior Court judge” or “judge” for “hearing officer,” and “Superior Court clerk” for “judicial bureau clerk” as appropriate; provided that there is no right to trial by jury in such actions. A municipality may provide in its procedure for contesting parking violations that the procedure has not been exhausted unless affidavit has been made that the defendant is not a person in military service as defined in Article I of the Servicemembers= Civil Relief Act, 50 U.S.C.A. App. §520 et seq.
(d)Appeal to the Supreme Court. A party aggrieved by the decision of the Criminal Division in an action under this rule may appeal only with the approval of the Supreme Court granted as provided in Rule 6(b) of the Vermont Rules of Appellate Procedure.
(e)Applicability of Civil Rules. The following rules shall not apply to proceedings under this rule: Rules 3 (Commencement of Action), 4-4.3 (Process), 6 (Time), 7(a) (Pleadings Allowed; Form of Motions), 8 (General Rules of Pleading), 9 (Pleading Special Matters), 10(b) (Form of Pleadings), 12 (Defenses and Objections), 13 (Counterclaim and Cross-Claim), 14 (Third-Party Practice), 16.1 (Complex Actions), 16.3 (Alternative Dispute Resolution), 18-24 (Joinder and Parties), 38-39 (Jury Trial), 40(a)-(d) (Calendar; Continuances), 41 (Dismissal of Actions), 47-51 (Jury Trial), 53 (Masters), 55 (Default), 56 (Summary Judgment), 57 (Declaratory Judgment), 62 (Stay), 64 (Replevin), 65 (Injunctions), 65.1 (Security), 66 (Receivers), 67 (Deposit in Court), 68 (Offer of Judgment), 70-76 (Judgments, Process, Appeals), 80.1-80.2 (Mortgage Foreclosure and Naturalization), 80.4 (Habeas Corpus), 80.5 (Civil Suspension for D.W.I.), 80.7 (Procedures for Immobilzation and Forfeiture), and 80.8 (Transfer from District to Superior Court). The remaining rules do apply, provided that where the court finds that a procedure provided for in those rules would be inconsistent with the summary procedures contemplated by this rule, it may order that a different procedure be followed. Rules 2637 shall apply only when permission to undertake discovery has been granted by the court. In case of a conflict between this rule and another Civil Rule, the provisions of this rule shall govern.

Vt. R. Civ. P. 80.9

Adopted Oct. 17, 2005, eff. Jan. 1, 2006; amended Dec. 2, 2013, eff. Feb. 3, 2014; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 80.9(b)(3) is amended to extend its 20-day time period to 21 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.