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Terms Used In Vermont Statutes Title 12 Sec. 3953

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

§ 3953. Authority to grant writ; complaint

Such writ may be granted by a Superior judge, or by Superior Court during its sitting, in the county where such person is imprisoned, on application by complaint in writing signed by the party for whose relief it is intended or by some person in his or her behalf, stating the person by whom and the place where the party is imprisoned or restrained, naming the prisoner and the person detaining him or her, if their names are known, and describing them, if they are not known, and stating also the cause or pretense of such imprisonment or restraint, according to the knowledge and belief of the person applying. The petitioner or the State may appeal from the decision on the petition to the Supreme Court under chapter 102 of this title. (Amended 1966, No. 41 (Sp. Sess.), § 4, eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)