Terms Used In Vermont Statutes Title 12 Sec. 3064

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Oath: shall include affirmation where by law an affirmation may be substituted. See
  • Oath: A promise to tell the truth.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.
  • sworn: shall include affirmed. See
  • Trustee: A person or institution holding and administering property in trust.

§ 3064. Sworn disclosure; general denial; examination; discharge

When an alleged trustee serves his or her written disclosure under oath declaring that he or she had not at the time of the service of the summons, nor has since had in his or her hands or possession any goods, effects, or credits of the defendant, and submits himself or herself thereupon to examination upon oath, he or she shall be discharged if the plaintiff should decline to examine him or her, or if his or her disclosure appears to be true upon examination and further proceedings. If the plaintiff examines the alleged trustee thereon, he or she shall propose interrogatories in writing, which shall be answered in writing, signed by the trustee, and sworn to by him or her in open court or before a person authorized by law to administer oaths. (Amended 1971, No. 185 (Adj. Sess.), § 80, eff. March 29, 1972.)