Vermont Statutes Title 12 Sec. 558
Terms Used In Vermont Statutes Title 12 Sec. 558
- 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.
- Executor: A male person named in a will to carry out the decedent
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
- 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
- Statute: A law passed by a legislature.
- Venue: The geographical location in which a case is tried.
§ 558. New action after failure of original action
(a) The plaintiff may commence a new action for the same cause within one year after the determination of the original action, when the original action has been commenced within the time limited by any statute of this State, and the action has been determined for any of the following reasons:
(1) where the action is dismissed for insufficiency of process caused by unavoidable accident or by default or neglect of the officer to whom the process was committed;
(2) where the action is dismissed for lack of jurisdiction of the subject matter or person, improper venue, or failure to join an indispensable party;
(3) where the action is defeated or avoided by the death of a party thereto;
(4) where judgment for the plaintiff is reversed on appeal on one of the grounds listed in subdivisions (1) and (2) of this subsection.
(b) If the cause of action survives, the plaintiff’s executor or administrator may commence the action within one year after the determination of the original action. If an executor or administrator is not appointed within that time, then the new action may be commenced within one year after letters testamentary or of administration are granted. (Amended 1971, No. 185 (Adj. Sess.), § 34, eff. March 29, 1972; 1973, No. 151 (Adj. Sess.), § 1, eff. date, see note set out below.)