Vt. R. Small. Claims. P. 9
Reporter's Notes-2024 Amendment
Rule 9(b)(2) is revised to update its reference to the location of the list of exemptions that formerly appeared as Form 34 of the Vermont Rules of Civil Procedure. See Reporter's Notes-2022 Amendment, V.R.C.P. 84 (abrogating the Appendix of Forms). The list of exemptions now appears as a form approved by the Court Administrator and is available on the Judiciary website.
Reporter's Notes--Second 2016 Amendment
Rule 9(b) of the Vermont Rules of Small Claims Procedure as amended by emergency rule on January 11, effective April 15, 2016, is further amended to eliminate and clarify requirements of the January 11, 2016 amendments that were unnecessary and imposed burdens of time and expense on the clerks' offices. See simultaneous amendments to V.R.S.C.P. 3(d) and (g), 7(a), and 8(b).
The requirement that it be "appropriate" to provide the writ is added to assure that the creditor is entitled to the writ.
Reporter's Notes-2020 Amendment
Rule 9(a), (b)(1), and (c) are amended to incorporate the appropriate 30-day period provided in Rule 10(a)(1) as simultaneously amended. If the defendant has appeared, enforcement proceedings may be undertaken within 30 days from the entry of judgment. If the judgment is a default judgment, the date is 30 days from the date of service on the defendant. The latter provision is intended to conform to the simultaneous amendment of Rule 3(f), requiring service of a default judgment on the defendant before enforcement proceedings are commenced. See Reporter's Notes to that amendment.