More Categories

Rule 81 – Applicability of Rules

May 14, 2021 | Civil Procedure, Vermont

(a) Limited Applicability. These rules do not alter the practice prescribed by the statutes of the State of Vermont for commencing and conducting proceedings for review of sentence under 13 V.S.A. §§ 7131-7137 or for a writ of habeas corpus.

In respects not covered by statute, the practice in these proceedings shall conform to these rules, except that discovery shall be used only by order of the court on motion for cause shown.

(b) Scire Facias and Certain Extraordinary Writs Abolished. The writs of scire facias, certiorari, mandamus, prohibition, and quo warranto are hereby abolished. Review of any action or failure or refusal to act by a governmental agency shall be in accordance with the procedure prescribed by Rule 74 or 75, as appropriate. Any other relief heretofore available by any of such writs may be obtained by appropriate action or motion under the practice prescribed by these rules. In any proceedings for such review or relief in which an order that an agency or other party do or refrain from doing an act is sought, all provisions of these rules applicable to injunctions shall apply.
(c) Terminology in Statutes. A civil action under these rules is appropriate regardless of any statutory provisions as to jurisdiction in chancery or the form of action at law. In applying these rules to any proceeding to which they are applicable, the terminology of any statute which is also applicable, where inconsistent with that in these rules or inappropriate under these rules, shall be taken to mean the device or procedure proper under these rules.
(d) When Procedure Is Not Specifically Prescribed. When no procedure is specifically prescribed, the court shall proceed in any lawful manner not inconsistent with the Constitution of the State of Vermont, these rules, or any applicable statutes.
(e) Experimental Procedures. With due regard for the rights of litigants, the Supreme Court may, on its own initiative or on request of the Administrative Judge, establish for experimental purposes in one or more counties temporary procedures which differ from or supplement procedures specified by these rules. The procedures shall be established by Administrative Order which shall specify which rules are superseded during the experiment. The procedures applicable to adoption of amendments or additions to these rules shall apply to the Administrative Order.

V.R.C.P. 81

Amended Nov. 9, 1982, eff. Feb. 1, 1983; 1983, No. 231 (Adj. Sess.), §2, eff. May 14, 1984; Dec. 9, 1988, eff. March 1, 1989; Mar. 6, 2002, eff. July 1, 2002.