Find Laws Find Lawyers Free Legal Forms USA State Laws

VERMONT STATUTES AND CODES

§ 7133 -   Notice and hearing

§ 7133. Notice and hearing

Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the state's attorney and attorney general, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. The court may entertain and decide the motion without requiring the production of the prisoner at the hearing but the prisoner may attend if he or she so requests. If the court finds that the judgment was made without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to make the judgment vulnerable to collateral attack, it shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or her or grant a new trial or correct the sentence as may appear appropriate. (1966, No. 41 (Sp. Sess.), § 1(c), eff. March 12, 1966.)

Vermont Forms by Issue

Vermont Appeals Forms
Vermont Business Forms
Vermont Court Forms
> Probate
> Civil (District)
> Small Claims
Vermont Divorce Forms
Vermont Family Forms
Vermont Guardianship Forms

Vermont Law

Vermont State Laws
    > Vermont Child Support
    > Vermont Gun Laws
    > Vermont Statutes
Vermont Tax
    > Vermont State Tax
Vermont Agencies
    > Vermont DMV
    > Vermont Federal Credit Union

Vermont Court Map

Tips