Vermont Third-Party Summons is a legal document issued by the court to have a third party appear in court and provide evidence or testimony related to a lawsuit. This document is used when a party in the lawsuit believes that the third party has information that could be beneficial to their case. There are two types of Vermont Third-Party Summons: a Summons to Appear and a Summons to Produce. The Summons to Appear requires the third party to appear in court to give testimony or present evidence, while the Summons to Produce requires the third party to produce documents or other physical evidence. Both types of summons require the third party to appear before the court on a specified date. If the third-party fails to comply with the summons, they may be subject to legal action and possible fines.
Vermont Third-Party Summons
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What is Third Party Defendant? A party who is sued by the original defendant and brought into the case on a theory of being responsible to the defendant for all or part of the claim made by the plaintiff.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
The plaintiff shall serve a reply to a counterclaim in the answer within 21 days after service of the answer or, if a reply is ordered by the court, within 21 days after service of the order, unless the order otherwise directs.
The third-party procedure enables liability between plaintiff and defendant, and defendant and third party to be determined concurrently, in the same proceeding. There can be no judgment against the third party until the court gives judgment against the defendant.
Upon the issuance of a restraining order or preliminary injunction the court may order the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.
When an application for an injunction or for an order or decree under this rule is made to one judge and has been acted upon by the judge, it shall not be presented to any other judge except by direction of the first judge because of that judge's necessary absence.
The court on motion of a defendant may grant a new trial to the defendent if required in the interests of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.