Vt. R. Crim. P. 49

As amended through November 4, 2024
Rule 49 - Service, Filing and Signing of Papers
(a) Service: When Required.
(1)Written Motions, Notices and Designations of Record. Written motions other than those which are heard ex parte, written notices other than notices to victims of sentencing proceedings, designations of record on appeal and similar papers shall be served upon each of the parties.
(2)Notices of Sentencing Hearings to Victims. The prosecution shall serve by first class mail advance written notice of any sentencing proceeding concerning the convicted person on the victim of a felony or the next of kin of such a victim who has died or become incapacitated. Sentencing shall not be delayed or voided by reason of failure to give the victim required notice or the failure of the victim to appear.
(b) Service: How Made. Whenever under these rules or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made in the manner provided in civil actions.
(c) Filing. Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in civil actions, and consistent with restrictions imposed for civil actions on filing social security numbers.
(d) Signing of Papers. Every written motion, written notice or similar paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address shall be stated. A defendant who is not represented by an attorney shall sign the motion, notice or similar paper and state his address. The signature of an attorney or defendant constitutes a certificate that the attorney or defendant has read the motion, notice or similar paper; that to the best of the knowledge, information, and belief of the attorney or defendant, formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or good faith argument for extension, modification or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay. If a written motion, written notice or similar paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the attorney or the defendant who filed the paper. For a wilful violation of this rule, an attorney may be subjected to appropriate disciplinary action.

Vt. R. Crim. P. 49

Amended Dec. 19, 1973, eff. 1/1/1974; Jan. 14, 1985, eff. 3/15/1985; Feb. 5, 1985, eff. 3/15/1985; Oct. 25, 2000, eff. 1/1/2001.