§ 558 - New action after failure of original action - Vermont Statutes

§ 558. New action after failure of original action

(a) The plaintiff may commence a new action for the same cause within one year after the determination of the original action, when the original action has been commenced within the time limited by any statute of this state, and the action has been determined for any of the following reasons:

(1) Where the action is dismissed for insufficiency of process caused by unavoidable accident or by default or neglect of the officer to whom the process was committed;

(2) Where the action is dismissed for lack of jurisdiction of the subject matter or person, improper venue, or failure to join an indispensable party;

(3) Where the action is defeated or avoided by the death of a party thereto;

(4) Where judgment for the plaintiff is reversed on appeal on one of the grounds listed in paragraphs (1) and (2) of this section.

(b) If the cause of action survives, the plaintiff's executor or administrator may commence the action within one year after the determination of the original action. If an executor or administrator is not appointed within that time, then the new action may be commenced within one year after letters testamentary or of administration are granted. (Amended 1971, No. 185 (Adj. Sess.), § 34, eff. March 29, 1972; 1973, No. 151 (Adj. Sess.), § 1, eff. date, see note set out below.)