Rule 83 – Definitions

May 14, 2021 | Civil Procedure, Vermont

(a) Unless specified to the contrary, the following words whenever used in these rules shall have the following meanings:

(1)

(A) With respect to proceedings in the Civil Division of the Superior Court, the word “court” shall mean a majority of the judges, except that in any matter in which pursuant to 4 V.S.A. § 36 or these rules a Superior Judge is authorized to act alone, the words “court” or “judge” shall mean the Presiding Judge or a judge acting for that judge or any Superior Judge authorized to act alone, or a member of the Vermont bar acting for that judge.
(B) With respect to proceedings in the Criminal Division of the Superior Court, (i) the word “court” shall mean any Supreme Court Justice, or any Superior Judge assigned to the unit in which the court is sitting, or a member of the Vermont bar acting for that judge; (ii) “Presiding Judge” shall be understood to mean the judge presiding in the pending action or another judge or member of the Vermont bar presiding for that judge.
(2) The word “clerk” shall mean the clerk of the Superior Court for the unit in which the action is pending.
(3) The term “plaintiff’s attorney” or “defendant’s attorney” or any like term shall include the party appearing without counsel.
(b) The following terms and variations of them wherever they appear in these rules have the indicated meaning unless the context clearly dictates a different meaning:

(1) “District Court” means “Criminal Division of the Superior Court.” (2) “District Judge” means “Superior Judge.”
(3) “Superior Court” means “Civil Division of the Superior Court.”
(4) “Superior Judge” means any Superior Judge presiding in a pending action or authorized by these rules to act in particular circumstances.
(5) “County,” “territorial unit,” and “circuit” mean “unit” of the Superior Court established by the Supreme Court pursuant to 4 V.S.A. § 30(b).
(6) “Court,” when not used in the sense intended in paragraph (1) of subdivision (a), means the Civil or Criminal division in the appropriate unit of the Superior Court established by the Supreme Court pursuant to 4 V.S.A. § 30(b) or a judicial tribunal established under the law of another state, as appropriate.
(7) “Term” shall have the meaning ascribed to it in 4 V.S.A. § 115.

V.R.C.P. 83

Amended Nov. 27, 1979, eff. Jan. 1, 1980; Jan. 9, 1985, eff. March 15, 1985; Mar. 6, 2002, eff. July 1, 2002; July 1, 2010, eff. July 1, 2010.