4 V.S.A. § 37
This is the official text of 4 V.S.A. § 37, part of Vermont’s V.S.A — part of the compiled statutory law of Vermont, published by the state as "V.S.A." Browse the sections below, each linked to its official government source.
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§ 37. Venue
Official statutory text
(a) The venue for all actions filed in the Superior Court, whether heard in the Civil, Criminal, Family, Environmental, or Probate Division, shall be as provided in law.
(b) Notwithstanding any other provision of law, the Supreme Court may promulgate venue rules, subject to review by the Legislative Committee on Judicial Rules under 12 V.S.A. chapter 1, which are consistent with the following policies:
(1) Proceedings involving a case shall be heard in the unit in which the case was brought, subject to the following exceptions:
(A) when the parties have agreed otherwise;
(B) status conferences, minor hearings, or other nonevidentiary proceedings; or
(C) when a change in venue is necessary to ensure access to justice for the parties or required for the fair and efficient administration of justice.
(2) The electronic filing of cases on a statewide basis should be facilitated, and the Court is authorized to promulgate rules establishing an electronic case-filing system.
(3) The use of technology to ease travel burdens on citizens and the courts should be promoted. For example, venue requirements should be deemed satisfied for some court proceedings when a person, including a judge, makes an appearance via video technology, even if the judge is not physically present in the same location as the person making the appearance.
(4)(A) Subject to subdivision (B) of this subdivision (4), in proceedings involving the termination of parental rights, the Supreme Court is authorized to designate a region of no more than four counties in which the venue for specified types of cases in the region shall be the region as a whole, irrespective of the county in which the venue would lie for the case under the governing statute. A designation under this subdivision shall be made by rule and shall be reviewed by the Legislative Committee on Judicial Rules pursuant to 12 V.S.A. § 1.
(B) A region designated pursuant to subdivision (A) of this subdivision (4) shall not include Grand Isle or Essex County for purposes of permitting termination of parental rights proceedings originating in Grand Isle or Essex County to be heard in other counties or regions unless all parties consent. This subdivision shall not preclude termination of parental rights proceedings originating in other counties from being heard in Grand Isle or Essex County.
(b) Notwithstanding any other provision of law, the Supreme Court may promulgate venue rules, subject to review by the Legislative Committee on Judicial Rules under 12 V.S.A. chapter 1, which are consistent with the following policies:
(1) Proceedings involving a case shall be heard in the unit in which the case was brought, subject to the following exceptions:
(A) when the parties have agreed otherwise;
(B) status conferences, minor hearings, or other nonevidentiary proceedings; or
(C) when a change in venue is necessary to ensure access to justice for the parties or required for the fair and efficient administration of justice.
(2) The electronic filing of cases on a statewide basis should be facilitated, and the Court is authorized to promulgate rules establishing an electronic case-filing system.
(3) The use of technology to ease travel burdens on citizens and the courts should be promoted. For example, venue requirements should be deemed satisfied for some court proceedings when a person, including a judge, makes an appearance via video technology, even if the judge is not physically present in the same location as the person making the appearance.
(4)(A) Subject to subdivision (B) of this subdivision (4), in proceedings involving the termination of parental rights, the Supreme Court is authorized to designate a region of no more than four counties in which the venue for specified types of cases in the region shall be the region as a whole, irrespective of the county in which the venue would lie for the case under the governing statute. A designation under this subdivision shall be made by rule and shall be reviewed by the Legislative Committee on Judicial Rules pursuant to 12 V.S.A. § 1.
(B) A region designated pursuant to subdivision (A) of this subdivision (4) shall not include Grand Isle or Essex County for purposes of permitting termination of parental rights proceedings originating in Grand Isle or Essex County to be heard in other counties or regions unless all parties consent. This subdivision shall not preclude termination of parental rights proceedings originating in other counties from being heard in Grand Isle or Essex County.
Status: in_force · Read it on the official government site
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