Vermont Petition to Perpetuate Testimony when No Action Pending

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US-02472BG
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Description

Rule 27(c) of the Federal Rules of Civil Procedure permits pre-litigation discovery to perpetuate testimony. Most states base their Rules of Civil Procedure on the Federal Rules in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 29 - Motion for Judgment of Acquittal (a)Motion Before Submission to Jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place.

Rule 26 - Evidence [Effective October 2, 2023] (a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules, the Vermont Rules of Evidence, or other rules adopted by the Supreme Court. (b) Examination of Witnesses.

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.

Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.

The court where a judgment has been rendered may, if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court.

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.

RULE 17. (a) For Attendance of Witnesses; Form; Issuance. A subpoena must be issued provided by the clerk, a judge, or a member of the Vermont bar.

The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 42 days after service of the summons and complaint upon that defendant.

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Vermont Petition to Perpetuate Testimony when No Action Pending