Vt. R. Crim. P. 54

As amended through November 4, 2024

Rule 54 - Application and Definitions

(a)Application; Proceedings.

(1)Courts. These rules do not apply to proceedings in police courts established under 23 V.S.A. §§ 1741-1753.

(2)Proceedings. The procedure in inquests conducted under 13 V.S.A. §§ 5131-5137, shall conform to these rules so far as they are applicable and not inconsistent with statute. These rules do not apply to extradition and rendition of fugitives, forfeiture of property for violation of a statute of the State of Vermont, or the collection of fines and penalties.

(b)Terminology in Statutes. In applying these rules to any proceeding to which they are applicable, the terminology of any statute which is also applicable, where inconsistent with that in these rules or inappropriate under these rules, shall be taken to mean the device or procedure proper under these rules.

(c)Definitions. Unless specified to the contrary, the following words wherever used in these rules shall have the following meanings:

(1) The word "court" or "judge" shall mean

(A) With respect to proceedings in the Criminal Division of the Superior Court, any Supreme Court Justice, a Superior Judge assigned to the unit in which the court is sitting, or a member of the Vermont bar acting for that judge.

(B) With respect to proceedings in the Civil Division of the Superior Court, a majority of the judges, except that in any matter in which by law or by these rules a Superior Judge is authorized to act alone, the words "court" or "judge"' shall mean the assigned judge or a judge acting for that judge, or any Superior Judge authorized to act alone, or a member of the Vermont bar acting for that judge.

(2) The term "presiding judge" shall mean a Superior Judge who has been assigned additional administrative responsibilities for the unit of the court by the Administrative Judge, pursuant to 4 V.S.A. § 73 and the administrative authority of the Supreme Court.

(3) The term "clerk" shall mean the clerk of the Superior Court for the unit in which the proceedings are pending.

(4) The term "defendant's attorney" or any like term shall include a defendant appearing without counsel.

(5) The term "judicial officer" shall mean a Superior Judge, or a member of the Vermont bar acting for that Judge.

(6) The terms "prosecuting officer," "prosecuting attorney," and any like term shall mean the Attorney General and the Attorney General's deputies or assistants, the state's attorneys and their deputies, town grand jurors, attorneys given authority to prosecute by any municipal charter or ordinance, and special prosecutors authorized by law or appointed by any duly constituted authority.

(7) The term "law enforcement officer" shall mean any state police officer, sheriff, deputy sheriff, special deputy sheriff, municipal police officer, or constable, and any other person authorized to make an arrest by the state or a political subdivision of the state, provided the offense is one for which the person is otherwise authorized by law to make an arrest.

(8) The word "law" includes statutes and judicial decisions.

(9) The term "civil action" means a civil action in the Civil Division of the Superior Court.

(10) The word "oath" includes affirmations as provided by law.

(d) The following terms and variations of them wherever they appear in these rules have the indicated meaning unless the context clearly dictates a different meaning:

(1) "District Court" means "Criminal Division of the Superior Court."

(2) "Judge" means "Superior Judge."

(3) "Superior Court" means "Criminal or Civil or Family Division of the Superior Court."

(4) "Superior Judge" means any Superior Judge assigned to a unit, or to serve in a pending proceeding or authorized by these rules to act in particular circumstances.

(5) "County," " unit," and "circuit" mean "unit" of the Superior Court established by the Supreme Court pursuant to 4 V.S.A. § 30(b).

(6) "Court," when not used in the sense intended in paragraph (1) of subdivision (c), means the Civil or Criminal or Family division in the appropriate unit of the Superior Court established by the Supreme Court pursuant to 4 V.S.A. § 30(b) or a judicial tribunal established under the law of another state, as appropriate.

(7) "Term" shall have the meaning ascribed to it in 4 V.S.A. § 115.

(8) "Unit" means the geographical unit of the Superior Court established pursuant to 4 V.S.A. § 30(b).

Vt. R. Crim. P. 54

Amended Oct. 13, 1976; Jan. 14, 1985, eff. 3/15/1985; Aug. 22, 1991, eff. 11/1/1991; July 1, 2010, eff. 7/1/2010; Dec. 11, 2014, eff. 2/13/2015; amended Feb. 5, 2018, eff. 4/9/2018.

Reporters Notes-2018 Amendment

Rule 54(a)(2) is amended to comport with statutory amendments. 23 V.SA. §§ 2201-2207, referred to in the former rule as the "Traffic Act," were repealed per 2015, No. 47, § 38. The offenses and tickets formerly covered under the repealed statutes were placed under the jurisdiction of the Judicial Bureau and subject to enforcement under 4 V.S.A. Chapter 29, under procedural rules promulgated by the Supreme Court. See 4 V.S.A. § 1106(f). The rules governing Judicial Bureau proceedings are prescribed in V.R.C.P. 80.6. In consequence, references to proceedings under the "Traffic Act" in Rule 54(a)(2) are deleted.

The caption "Proceedings" is added to the division heading for clarification. The provisions of paragraph (a)(1) are not subject to amendment at this juncture, since even though not operative, the statutes authorizing "police courts," 23 V.S.A. §§ 1741-1753, have not been rescinded.

2. That this rule, as amended is prescribed and promulgated to become effective April 9, 2018. The Reporter's Notes are advisory.

3. That the Chief Justice is authorized to report these amendments to the General Assembly in accordance with the provisions of 12 V.S.A. § 1, as amended.