Vermont Statutes Title 13 Sec. 1459
Terms Used In Vermont Statutes Title 13 Sec. 1459
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
§ 1459. Commencement of action and hearing
(a) The Superior Court shall have jurisdiction over proceedings under this chapter. The Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply.
(b) Proceedings under this chapter may be commenced in the county in which the complainant or the defendant resides, or in the county in which the incident occurred.
(c) A plaintiff may seek a hate-motivated crime injunction by filing a complaint under this chapter.
(d) A preliminary hearing upon the complaint shall be scheduled as soon as reasonably possible in consideration of the safety of the complainant. (Added 1999, No. 56, § 3.)