§ 404 - Removal to another county - Vermont Statutes

§ 404. Removal to another county

(a) When it appears to a presiding judge of a superior court that there is reason to believe that a civil action pending in such court cannot be impartially tried in the county where it is pending, on petition of either party, such judge shall order the cause removed to the superior court in another county for trial.

(b) Such petition shall be verified by affidavit and served upon the adverse party like a writ of summons, at least twelve days before the time of hearing. If the adverse party resides without the state, it may be served upon his attorney of record in the cause.

(c) When an order is made to remove a cause from one superior court to another and such order is filed with the clerk of the court in which the cause is pending, he shall forthwith transmit to the clerk of the court to which such cause is removed, the original papers with a certified copy of the docket entries therein and of the order of removal. He shall thereupon enter the same upon the docket and further proceedings shall be had as if the cause had been originally brought to and entered in such court.

(d) Attachments, recognizances, bonds and orders in such cause, made before such removal, shall have the same validity as if the cause had continued in the court to which it was originally brought. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)