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Terms Used In Vermont Statutes Title 12 Sec. 402

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
  • real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
  • road: shall include bridges thereon and their approaches. 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
  • Venue: The geographical location in which a case is tried.

§ 402. Superior Court actions, venue generally

(a) An action before a Superior Court shall be brought in the unit in which one of the parties resides, if either resides in the State; otherwise, on motion, the complaint shall be dismissed. If neither party resides in the State, the action may be brought in any unit. Actions concerning real estate shall be brought in the unit in which the lands, or some part thereof, lie.

(b) An action brought by a domestic railroad corporation to the Superior Court may be brought either in the unit in which the corporation has its principal office for the transaction of business, or in the unit in which a defendant resides. An action or suit brought to the Superior Court, in which the corporation is defendant, may be brought in any unit in which a road owned or operated by the corporation is located. (Amended 1971, No. 185 (Adj. Sess.), § 31, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 67.)