Terms Used In Vermont Statutes Title 12 Sec. 2386

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See

§ 2386. Passing causes before final judgment

(a) Before final judgment in civil actions or proceedings in the Superior Courts, an appeal to the Supreme Court for the determination of questions of law may be taken in such manner and under such conditions as the Supreme Court may by rule provide.

(b) In its discretion and before final judgment, a Superior Court may permit an appeal to be taken by the respondent or the State in a criminal cause to the Supreme Court for determination of questions of law. The Supreme Court shall hear and determine the questions and render final judgment thereon or remand the proceedings as justice and the state of the cause may require. (Added 1959, No. 261, § 50; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 57, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), §§ 74, 74a, eff. Feb. 1, 2011.)