Vermont Appellate Motion is a legal procedure that allows a party to a legal case to make a formal request to a higher court for a review of a decision made by a lower court. It is a form of relief available to parties appealing decisions from the Vermont Supreme Court, Vermont Superior Court, or Vermont Family Court. The two types of Vermont Appellate Motion are Motion to Dismiss and Motion for Rehearing. A Motion to Dismiss is a formal request made to the higher court to dismiss the case or appeal due to a procedural error or lack of evidence. A Motion for Rehearing is a formal request made to the higher court to review and reconsider a decision made by the lower court. Parties must provide written arguments to the higher court in support of their motion. If the motion is granted, the higher court will review the case and either uphold the decision of the lower court or issue a new ruling.
Vermont Appellate Motion
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(i) A reply brief must not exceed 4500 words. (ii) An appellant's reply brief in a case with a cross-appeal must not exceed 6000 words. (iii) An appellee's reply brief in a case with a cross-appeal must not exceed 3000 words.
In a case involving more than one appellant or appellee, including consolidated cases, any number of appellants or appellees may join in a single brief, and any party may adopt by reference a part of another's brief. Parties may also join in reply briefs.
When an action is commenced by filing, summons and complaint must be served upon the defendant within 60 days after the filing of the complaint. When an action is commenced by service, the complaint must be filed with the court within 21 days after the completion of service upon the first defendant served.
The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court.
Unless otherwise provided by law, if no notice of appeal to the Supreme Court has been filed, the clerk shall, 35 days after the entry of judgment, certify the decision of the superior court to the agency, returning therewith any original document transmitted as part of the record on appeal.
Rule 5 - Appearance Before a Judicial Officer (a)In General. When a person arrested with or without a warrant, or served a citation or summons, is brought or appears before a judicial officer as provided in Rules 3 and 4, the judicial officer shall proceed in ance with this rule.
In a case involving more than one appellant or appellee, including cases consolidated on appeal, any number of appellants or appellees may join in a brief, and any party may adopt by reference a part of another's brief.
An opportunity to present evidence shall be provided, if requested, unless the court finds there to be no genuine issue as to any material fact. The request for an opportunity to present evidence shall include a statement of the evidence which the party wishes to offer.