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Terms Used In Vermont Statutes Title 12 Sec. 3962

  • Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
  • 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.

§ 3962. When a person to be served is not an officer

In cases of imprisonment by a person not an officer of the State or of the courts of the United States, the writ shall be directed to a sheriff or his or her deputy, commanding him or her to take and have the person imprisoned before the court or magistrate granting the writ, immediately after the receipt thereof, and summon the person by whom such prisoner is restrained to appear before such court or magistrate and show the cause for taking and detaining such prisoner.