Vermont Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

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Multi-State
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US-MOT-01427
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This is a multi-state form covering the subject matter of the title.

A Vermont Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal document that is filed in the state of Vermont when a party needs more time to gather evidence or complete the discovery process, or when they believe that a summary judgment motion should not be granted due to incomplete discovery. There are two primary types of motions that can be filed in Vermont under these circumstances: 1. Motion for Continuance to Complete Discovery: This motion is typically filed when a party requires additional time to obtain or gather evidence that is crucial to their case. In this motion, the party will explain why they need the extra time and provide supporting arguments or justifications. The court will consider factors such as the importance of the evidence, the diligence of the party in obtaining it, and the potential impact on the fairness of the trial before granting or denying the motion. By filing this motion, the party aims to ensure that they have a fair opportunity to present all relevant evidence and build a strong case. 2. Motion for Continuance of Summary Judgment Motion: This motion is filed when a party believes that the opposing party's summary judgment motion should not be granted due to incomplete discovery. A summary judgment motion is a request to the court to rule in favor of one party without a trial, based on the absence of any genuine factual disputes. However, if a party argues that there are still outstanding discovery requests or evidence yet to be collected, they can file a Motion for Continuance of Summary Judgment Motion to request more time for discovery before a ruling is made. This allows the party to ensure that all relevant facts are considered before the court decides on the summary judgment motion. When filing either of these motions in Vermont, it is essential to provide a detailed explanation of the reasons for seeking the continuance and how it aligns with the interests of justice. Additionally, it is important to support the motion with relevant legal citations and references to applicable rules of procedure or case law. In conclusion, a Vermont Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal document that seeks additional time to gather evidence or complete discovery. By filing this motion, parties aim to ensure a fair trial or prevent a premature ruling based on incomplete discovery.

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FAQ

If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.

Explain why you need this extension (i.e. to cover costs of________ until ________). Itemize and explain any monthly costs and any other additional costs associated with the requested time extension. If there will be no cost change as a result of the additional time requested, say so.

I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.

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.

On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...

I am unable to appear before this Court on the date of the scheduled hearing because Briefly explain why you are unable to appear. However, I am able to appear before this Court on or after Date. I respectfully request this Court to stay the proceedings of this case until Date.

Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, any Superior Judge may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery ...

Generally, for extension requests, most judges require both parties to ?confer? (communicate with one another) and try to obtain the other party's consent for extra time. If the other party does not give their consent, you can still move forward with filing your request.

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1 Mar 2017 — You may also file a memorandum of law in opposition to defendant's motion for summary judgment ... No attorney may file a discovery motion or a ... STIPULATION/MOTION FOR CONTINUANCE. STATE OF VERMONT. Form 418. SUPERIOR COURT, CRIMINAL ... NOTE: FILE ALL COPIES WITH THE COURT. YOU WILL RECEIVE A COPY WITH ...1 Jan 2022 — Notice of any postponement or continuance must be given in writing to all parties to the hearing within a reasonable time. All parties involved ... The hearing officer may decide a motion to extend time to file an appeal in accordance with Rule 4 of the Vermont Rules of Appellate Procedure. (2)Appeal on the ... 29 Sept 2021 — When opposing a motion for summary judgment, seeking a continuance to conduct additional discovery should always be considered. The amendment clarifies that a party may file a motion for summary judgment before as well as after the close of discovery. Reporter's Notes-2022 Amendment. Download the file. After the Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is downloaded you are ... I received a notice from the court about this hearing on . date. 4. The reason for this request is: (check the reason that applies). ☐ Conflicting Court ... It permits a party opposing summary judgment or adjudication to ask to continue the motion to obtain evidence essential to the opposition; to deny the motion, ... by RP Sullivan · 2022 — ... A continuance may be granted for a period of time if a party initiates discovery or files a motion to allow further pleadings or for summary judgment.56.

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Vermont Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion