Terms Used In Vermont Statutes Title 18 Sec. 5169

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probate: Proving a will
  • said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
  • 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
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See

§ 5169. Delayed certificates of civil union

(a) Persons who were parties to a certified civil union ceremony in this State for whom no certificate of civil union was filed as required by law, may petition the Probate Division of the Superior Court of the district in which the civil union license was obtained to determine the facts and to order the issuance of a delayed certificate of civil union.

(b) The Probate Division of the Superior Court shall set a time for hearing on the petition and, if the court deems necessary, give notice of the time and place by posting such information in the Probate Court office. After hearing proper and relevant evidence as may be presented, the court shall make findings with respect to the civil union as are supported by the evidence.

(c) The court shall issue a decree setting forth the facts as found and transmit a certified copy of said facts to the State Registrar.

(d) Where a delayed certificate is to be issued, the State Registrar shall prepare a delayed certificate of civil union and transmit it, with the decree, to the clerk of the town where the civil union license was issued. This delayed certificate shall have the word “Delayed” printed at the top and shall certify that the certificate was ordered by a court pursuant to this chapter, with the date of the decree. The town clerk shall file the delayed certificate and, in accordance with the provisions of section 5010 of this title, furnish a copy to the State Registrar.

(e) Town clerks receiving new certificates in accordance with this section shall file and index them in the most recent book of civil unions and also index them with civil unions occurring at the same time. (Added 1999, No. 91 (Adj. Sess.), § 5; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 58, eff. July 1, 2019.)