§ 112 - Composition of court - Vermont Statutes

§ 112. Composition of court

(a) The superior court shall consist of one presiding judge and two assistant judges, if available.

(b) Questions of law and fact. In all proceedings, questions of law shall be decided by the presiding judge. In cases not tried before a jury, questions of fact shall be decided by the court. Mixed questions of law and fact shall be deemed to be questions of law. The presiding judge alone shall decide which are questions of law, questions of fact, and mixed questions of law and fact. Written or oral stipulations of fact submitted by the parties shall establish the facts related therein, except that the presiding judge, in his discretion, may order a hearing on any such stipulated fact. Neither the decision of the presiding judge under this subsection nor participation by an assistant judge in a ruling of law shall be grounds for reversal unless a party makes a timely objection and raises the issue on appeal.

(c) Availability of assistant judges. If two assistant judges are not available, the court shall consist of one presiding judge and one assistant judge. In the event that court is being held by the presiding judge and one assistant judge, and they do not agree on a decision, a mistrial shall be declared. If neither assistant judge is available, the court shall consist of the presiding judge alone, and the unavailability of an assistant judge shall not constitute reversible error.

(d) Method of determining availability. Before commencing a hearing in any matter in which the court by law may consist of the presiding judge and assistant judges, the assistant judges physically present in the courthouse shall determine whether they are available for the case. If two or more cases are being heard at one time, and assistant judges may by law participate in either, each assistant judge may determine in which case he will participate.

(e) Duty to complete hearing or trial. After an assistant judge has decided to participate in a hearing or trial, he shall not withdraw therefrom except for cause. However, if he is not available for a scheduled hearing or trial or becomes unavailable during trial, the matter may continue without his participation, and he may not return to participate.

(f) Emergency relief. A presiding judge may hear a petition for emergency relief when the court is not sitting, and may issue temporary orders as necessary.

(g) Jury trial. In order to preserve the right to trial by jury, when the claims of one party sound in equity and the claims of the opposing party sound in law, the latter party may demand that the claims be tried separately. Where a party has a right to trial by jury, that party does not waive the right by also seeking temporary or preliminary injunctive relief in the same action. (Amended 1977, No. 235 (Adj. Sess.), § 4; 1983, No. 201 (Adj. Sess.), § 2, eff. April 27, 1984.)