Vt. R. Civ. P. 80.4

As amended through November 4, 2024
Rule 80.4 - Habeas Corpus

Any complaint seeking relief under Chapter 143 of Title 12 of the Vermont Statutes Annotated shall be sworn, shall contain the information required by statute, and shall specify a factual basis for the relief requested. It shall be presented promptly to, and reviewed promptly by, a superior judge of the court in which it has been filed. If it appears from the face of the complaint and any exhibits annexed to it that the plaintiff may be entitled to immediate relief, the judge shall ascertain the identity of the attorney for the defendant and immediately provide the attorney with a copy of the complaint or notice of its contents, and shall forthwith hold a pretrial conference. The conference may be held by telephone. At the conference the judge shall issue an order establishing the date by which the defendant or defendants shall file their answer or other pleading, produce the plaintiff for a hearing, or take such other action as the judge deems appropriate. If a hearing is required, it shall be held as soon as practicable. The court shall not dismiss a complaint seeking relief under Chapter 143 of Title 12 except on motion under these rules. In each case the judge shall order the clerk to make service as the court directs.

V.R.C.P. 80.4

Added Dec. 9, 1988, eff. 3/1/1989.